PART III CONTROL OF FUND-RAISING FOR
CHARITABLE INSTITUTIONS (INCLUDING
INSTITUTIONS OF A PUBLIC CHARACTER) |
12.—(1) In this Part, unless the context otherwise requires —| “charitable appeal” means an appeal mentioned in paragraph (a) of the definition of “fund-raising appeal” in section 35(1) of the Act; [S 13/2021 wef 08/01/2021] [S 18/2023 wef 31/12/2021] |
| “charitable contributions”, “charitable institution” and “commercial participator” have the meanings given by section 35(1) of the Act; [S 13/2021 wef 08/01/2021] [S 18/2023 wef 31/12/2021] |
| [Deleted by S 13/2021 wef 08/01/2021] |
| [Deleted by S 13/2021 wef 08/01/2021] |
| “credit card” has the meaning given by section 56 of the Banking Act 1970; [S 13/2021 wef 08/01/2021] [S 18/2023 wef 31/12/2021] |
| “debit card” means a card the use of which by its holder to make a payment results in any account of his at a bank, or at any other institution providing banking services, being debited with the payment; |
| “fund-raising business” and “promotional venture” have the meanings given by section 35(1) of the Act; [S 13/2021 wef 08/01/2021] [S 18/2023 wef 31/12/2021] |
| [Deleted by S 13/2021 wef 08/01/2021] |
| “radio or television programme” includes any item included in a broadcasting service within the meaning of the Broadcasting Act 1994; [S 18/2023 wef 31/12/2021] |
| “represent” and “solicit” have the meanings given by section 35(1) of the Act; [S 13/2021 wef 08/01/2021] [S 18/2023 wef 31/12/2021] |
“services” includes facilities and, in particular —| (a) | access to any premises or event; | | (b) | membership of any organisation; | | (c) | the provision of advertising space; and | | (d) | the provision of any financial facilities, |
| and references to the supply of services shall be construed accordingly. |
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(2) In this Part —| (a) | any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, shall be a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law; and | | (b) | any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not. |
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(3) Where —| (a) | any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that charitable institution; and | | (b) | under those arrangements that person will be responsible for receiving on behalf of the charitable institution money or other property given in response to the solicitation, |
| then (if he would not be so regarded apart from this paragraph) that person shall be regarded for the purposes of this Part as soliciting money or other property for the benefit of the charitable institution. |
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| (4) Where any fund-raising venture is undertaken by a commercial fund-raiser in the course of a radio or television programme, any solicitation which is made by a person in the course of the programme at the instance of the commercial fund-raiser shall be regarded for the purposes of this Part as made by the commercial fund-raiser and not by that person (and shall be so regarded whether or not the solicitation is made by that person for any reward). |
(5) In relation to a charitable appeal mentioned in regulation 13(2)(c) —| (a) | a promoter is a person who (whether alone or with others and whether for remuneration or otherwise) organises or controls the conduct of the charitable appeal concerned; and | | (b) | where no person acts in the manner mentioned in sub-paragraph (a), a person who acts as a collector in respect of the charitable appeal in question is to be treated as a promoter of that charitable appeal. |
[S 13/2021 wef 08/01/2021] |
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| Application of this Part to commercial fund-raisers |
13.—(1) This Part applies to a commercial fund-raiser only if the commercial fund-raiser is any of the following persons:| (a) | any person (apart from a charitable institution) who carries on a fund-raising business; [S 13/2021 wef 08/01/2021] | | (b) | any other person (apart from a person excluded by virtue of paragraph (2)) who for reward solicits money or other property for the benefit of a charitable institution, if he does so otherwise than in the course of any fund-raising venture undertaken by a person falling within sub-paragraph (a). |
[S 13/2021 wef 08/01/2021] (2) In paragraph (1)(b), a reference to any other person excludes the following:| (a) | any charitable institution or any company connected with any such institution; | | (b) | any officer or employee of any such institution or company, or any trustee of any such institution, acting (in each case) in his capacity as such; | | (c) | any person acting as a collector in respect of a charitable appeal which is made in any public place or by means of visits from house to house (apart from a person who is to be treated as a promoter of such a collection by virtue of regulation 12(5)); | | (d) | any person who in the course of a radio or television programme in the course of which a fund-raising venture is undertaken by —| (i) | a charitable institution; or | | (ii) | a company connected with such an institution, |
| makes any solicitation at the instance of that institution or company; |
| | (e) | any commercial participator. |
[S 13/2021 wef 08/01/2021] |
(3) For the purposes of this regulation, a company shall be connected with a charitable institution if —| (a) | the charitable institution; or | | (b) | the charitable institution and one or more other charitable institutions, taken together, |
| is or are entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, the whole of the voting power at any general meeting of the company. |
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[S 13/2021 wef 08/01/2021] |
| Prohibition on commercial fund-raiser, etc., raising funds for charitable institution without written agreement |
14.—(1) It shall be unlawful for a commercial fund-raiser, commercial participator, or person to solicit money or other property for the benefit of a charitable institution unless there is a written agreement with the charitable institution containing details of all the following requirements, and the requirement in paragraph (1A):| (a) | location of appeal, date of appeal and fund-raising appeal method; | | (b) | in the case of a commercial participator or other person — the proportion of the total proceeds that will be given to the charitable institution; [S 13/2021 wef 08/01/2021] | | (c) | timeframe within which proceeds must be distributed to the charitable institution; and | | (d) | remuneration of the commercial fund-raiser, commercial participator or person. |
[S 13/2021 wef 08/01/2021] | (1A) For the purposes of paragraph (1), the requirement is that in the case of a written agreement between a commercial fund-raiser and the charitable institution, donations collected by the commercial fund-raiser must be paid in gross directly to the charitable institution without deducting or setting off any remuneration due to the commercial fund-raiser. [S 13/2021 wef 08/01/2021] |
| (2) In the event a commercial fund-raiser, commercial participator or person who has an agreement with a charitable institution (referred to hereinafter as the first-mentioned agreement) enters into an agreement with another person (referred to hereinafter as the second-mentioned agreement) to perform the first-mentioned agreement or parts thereof, paragraph (1) shall not apply to the second-mentioned agreement. |
| (3) It shall be unlawful for a commercial fund-raiser, commercial participator or person to represent that a charitable contribution is to be given to or applied for the benefit of a charitable institution unless the commercial fund-raiser, commercial participator or person does so in accordance with a written agreement with the charitable institution containing details of all the requirements in paragraph (1), and (if applicable) the requirement in paragraph (1A). [S 13/2021 wef 08/01/2021] |
(4) Where on the application of a charitable institution, the General Division of the High Court is satisfied —| (a) | that any person has contravened or is contravening paragraph (1) or (3) in relation to the charitable institution; and | | (b) | that, unless restrained, any such contravention is likely to continue or be repeated, |
| the General Division of the High Court may grant an injunction restraining the contravention; and compliance with paragraph (1) or (3) shall not be enforceable otherwise than in accordance with this paragraph. |
[S 1031/2020 wef 02/01/2021] |
(5) Where —| (a) | a charitable institution makes any agreement with a commercial fund-raiser or commercial participator by virtue of which, as the case may be —| (i) | the commercial fund-raiser is authorised to solicit money or other property for the benefit of the institution; or | | (ii) | the commercial participator is authorised to represent that charitable contributions are to be given to or applied for the benefit of the institution; but |
| | (b) | the agreement does not satisfy any requirement in paragraph (1) in any respect, |
| the agreement shall not be enforceable against the charitable institution except to such extent (if any) as may be provided by an order of the General Division of the High Court. |
[S 1031/2020 wef 02/01/2021] |
(6) A commercial fund-raiser or commercial participator who is a party to an agreement referred to in paragraph (5)(a) shall not be entitled to receive any amount by way of remuneration or expenses in respect of anything done by him in pursuance of the agreement unless he is so entitled under any provision of the agreement, and —| (a) | the agreement contains details of all the requirements in paragraph (1), and (if applicable) the requirement in paragraph (1A); or [S 13/2021 wef 08/01/2021] | | (b) | any such provision has effect by virtue of an order of the General Division of the High Court under paragraph (5). [S 1031/2020 wef 02/01/2021] |
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| (7) A commercial fund-raiser, commercial participator or person mentioned in paragraph (1) or (3) commits an offence if the commercial fund-raiser, commercial participator or person (as the case may be) fails to comply with any requirement referred to in of paragraph (1) or (3). [S 13/2021 wef 08/01/2021] |
(8) A commercial fund-raiser, commercial participator or person who is guilty of an offence under paragraph (7) shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
[S 13/2021 wef 08/01/2021] |
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| Availability of books, documents or other records |
15.—(1) A commercial fund-raiser, commercial participator or person who is a party to an agreement referred to in regulation 14(1) shall, on request and at all reasonable times, make available to a charitable institution which is a party to that agreement any book, document or other record (however kept) which relates to that charitable institution and the performance of the agreement.| (2) In the event that any book, document or other record referred to in paragraph (1) is kept otherwise than in a legible form, the commercial fund-raiser, commercial participator or person shall make the book, document or other record available to the charitable institution in a legible form. |
| (3) A commercial fund-raiser, commercial participator or person mentioned in paragraph (1) commits an offence if the commercial fund-raiser, commercial participator or person (as the case may be) fails to comply with any requirement of paragraph (1) or (2). [S 13/2021 wef 08/01/2021] |
(4) A commercial fund-raiser, commercial participator or person who is guilty of an offence under paragraph (3) shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
[S 13/2021 wef 08/01/2021] |
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| Charitable institution, commercial fund-raisers, etc., to maintain list of collectors |
15A.—(1) A charitable institution conducting a fund-raising appeal that commences on or after 9 October 2023 must maintain a list showing the name, personal identification number (such as NRIC number or foreign identification number), residential address, contact number and email address of every collector of the fund-raising appeal.(2) Where a commercial fund-raiser, commercial participator, or other person conducts a fund-raising appeal on behalf of a charitable institution that commences on or after 9 October 2023, that commercial fund-raiser, commercial participator or person must —| (a) | maintain the list mentioned in paragraph (1); and | | (b) | on the request of the charitable institution, make the list available to the charitable institution. |
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(3) A charitable institution that fails to comply with paragraph (1) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
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(4) A commercial fund-raiser, commercial participator, or other person mentioned in paragraph (2) that fails to comply with paragraph (2) shall be guilty of an offence and shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
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| (5) A fund-raising appeal commences when the first appeal for money or other property is made to any person in relation to that fund-raising appeal. |
[S 624/2023 wef 09/10/2023] |
| Commercial fund-raisers, etc., required to indicate institutions benefiting and arrangements for remuneration |
16.—(1) Where a commercial fund-raiser or commercial participator solicits money or other property for the benefit of one or more particular charitable institutions, all solicitation and publicity material shall be accompanied by a written statement clearly indicating —| (a) | the name or names of the charitable institution or institutions concerned; | | (b) | if there is more than one charitable institution concerned, the proportions in which the charitable institutions are each to benefit; | | (c) | the name of the commercial fund-raiser or commercial participator; | | (d) | the fact that the commercial fund-raiser or commercial participator is a commercial entity; | | (e) | in the case of a commercial fund-raiser — that all donations collected by the commercial fund-raiser will be paid in gross to the charitable institution or institutions concerned without deducting or setting off any remuneration due to the commercial fund-raiser; [S 13/2021 wef 08/01/2021] | | (ea) | in the case of a commercial participator — the proportion of the total proceeds that will be given to the charitable institution or institutions concerned; and [S 13/2021 wef 08/01/2021] | | (f) | the method (in general terms) by which the remuneration of the commercial fund-raiser or commercial participator in connection with the fund-raising appeal is to be determined. |
(2) Where a commercial fund-raiser or commercial participator solicits money or other property for charitable, benevolent or philanthropic purpose of any description (rather than for the benefit of one or more particular charitable institutions), all solicitation and publicity material shall be accompanied by a written statement clearly indicating —| (a) | the purpose for which the commercial fund-raiser or commercial participator is soliciting money or other property; | | (b) | the fact that the commercial fund-raiser or commercial participator is soliciting money or other property for those purposes and not for the benefit of any particular charitable institution or institutions; | | (c) | the name of the commercial fund-raiser or commercial participator; | | (d) | the fact that the commercial fund-raiser or commercial participator is a commercial entity; | | (e) | in the case of a commercial fund-raiser — that all donations collected by the commercial fund-raiser will be applied for those purposes without deducting or setting off any remuneration due to the commercial fund-raiser; [S 13/2021 wef 08/01/2021] | | (ea) | in the case of a commercial participator — the proportion of the total proceeds that will be applied for those purposes; [S 13/2021 wef 08/01/2021] | | (f) | the method by which the total proceeds of the appeal may be distributed to one or more charitable institutions established for any of those purposes; and [S 13/2021 wef 08/01/2021] | | (g) | the method (in general terms) by which the remuneration in connection with the appeal is to be determined. |
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(3) Where any representation is made by a commercial fund-raiser or commercial participator to the effect that charitable contributions are to be given to or applied for the benefit of one or more particular charitable institutions, the representation shall be accompanied by a written statement clearly indicating —| (a) | the name or names of the charitable institution or institutions concerned; | | (b) | if there is more than one charitable institution concerned, the proportions in which the charitable institutions are each to benefit; | | (c) | the name of the commercial fund-raiser or commercial participator; | | (d) | the commercial fund-raiser or commercial participator is a commercial entity; | | (e) | in the case of a commercial fund-raiser — that all donations collected by the commercial fund-raiser will be paid in gross to the charitable institution or institutions concerned without deducting or setting off any remuneration due to the commercial fund-raiser; [S 13/2021 wef 08/01/2021] | | (ea) | in the case of a commercial participator — the proportion of the total proceeds that will be given to the charitable institution or institutions concerned; and [S 13/2021 wef 08/01/2021] | | (f) | the method (in general terms) by which it is to be determined —| (i) | what proportion of the consideration given for goods or services sold or supplied by him, or of any other proceeds of a promotional venture undertaken by him, is to be given to or applied for the benefit of the charitable institution or institutions concerned; or | | (ii) | what sums by way of donations by him in connection with the sale or supply of any such goods or services are to be so given or applied, |
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| (4) Where any requirement under paragraphs (1), (2) and (3) is not complied with in relation to any solicitation or representation, the commercial fund-raiser or commercial participator concerned shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part thereof during which the offence continues after conviction. |
| (5) It shall be a defence for a person charged with any offence under paragraph (4) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. |
| (6) Where the commission by any person of an offence under paragraph (4) is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person. |
| (7) In this regulation, “appeal”, in relation to any solicitation by a commercial fund-raiser or commercial participator, means the campaign or other fund-raising venture in the course of which the solicitation is made. |
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| Cancellation of payments and agreements made in response to fund-raising appeals |
17.—(1) Where —| (a) | a person (referred to in this paragraph as the donor) makes any payment exceeding $200 to a commercial fund-raiser in response to any solicitation or representation referred to in regulation 16(1), (2) or (3) which —| (i) | is made face-to-face between the commercial fund‑raiser and one or more donors; or | | (ii) | is made during any live telephone conversation between the commercial fund-raiser and one or more donors; and |
| | (b) | before the end of the period of 7 days beginning on the date of the solicitation or representation, the donor serves on the commercial fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment, |
| the donor shall, subject to paragraph (4), be entitled to have the payment refunded to him without delay by the commercial fund‑raiser. |
[S 13/2021 wef 08/01/2021] (2) Paragraph (2A) applies where a person (called in this paragraph and paragraph (2A) a donor), in response to any solicitation or representation mentioned in regulation 16(1), (2) or (3), enters into an agreement with a commercial fund-raiser under which —| (a) | the donor is or may be liable to make one payment or a series of payments to the commercial fund-raiser; and | | (b) | the amount or aggregate amount which the donor is, or may be, liable to pay to the commercial fund-raiser under the agreement exceeds $200. |
[S 13/2021 wef 08/01/2021] |
(2A) If the donor serves on the commercial fund-raiser a written notice to cancel the agreement mentioned in paragraph (2) within a period of 7 days starting on the date of the solicitation or representation, the notice has the following effect:| (a) | on the date of the notice, the agreement and any liability of any person (other than the donor) in connection with the payment or series of payments under that agreement are cancelled; | | (b) | subject to paragraph (4), the donor is entitled to have the following refunded to the donor without delay by the commercial fund-raiser: | (i) | where the agreement concerns one payment — that payment; | | (ii) | where the agreement concerns a series of payments — all or any of the payments made under that agreement as the donor may request. |
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[S 13/2021 wef 08/01/2021] |
(3) Where, in response to any solicitation or representation referred to in regulation 16(1), (2) or (3), a person (referred to in this paragraph as the donor) —| (a) | makes any payment exceeding $200 to a commercial fund‑raiser; and | | (b) | does not enter into any such agreement as is mentioned in paragraph (2), |
| then, if before the end of the period of 7 days beginning on the date of the solicitation or representation, the donor serves on the commercial fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment, the donor shall, subject to paragraph (4), be entitled to have the payment refunded to him without delay by the commercial fund-raiser. |
[S 13/2021 wef 08/01/2021] |
(4) The right of any person to have a payment refunded to him under paragraph (1), (2A) or (3) —| (a) | is a right to have refunded to him the amount of the payment less any administrative expenses reasonably incurred by the commercial fund-raiser in connection with the making of the refund, or (in the case of a refund under paragraph (2A)) dealing with the notice of cancellation served by that person; and | | (b) | shall, in the case of a payment for goods already received, be conditional upon restitution being made by him of the goods in question. |
[S 13/2021 wef 08/01/2021] |
| (5) Nothing in paragraphs (1), (2), (2A) and (3) shall have effect in relation to any payment made or to be made in respect of services which have been supplied at the time when the relevant notice is served. [S 13/2021 wef 08/01/2021] |
| (6) In this regulation, any reference to the making of a payment is a reference to the making of a payment of whatever nature and (in the case of paragraph (2) or (3)), a payment made by whatever means, including a payment made by means of a credit card or debit card. [S 13/2021 wef 08/01/2021] |
| (7) A commercial fund-raiser commits an offence if the commercial fund-raiser, without reasonable excuse, fails to refund to the donor without delay an amount that the donor is entitled to under paragraph (1), (2A) or (3). [S 13/2021 wef 08/01/2021] |
(8) A commercial fund-raiser who is guilty of an offence under paragraph (7) shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
[S 13/2021 wef 08/01/2021] |
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| Right of charitable institution to prevent unauthorised fund-raising |
18.—(1) Where on the application of any charitable institution —| (a) | the General Division of the High Court is satisfied that any person has done or is doing either of the following, namely:| (i) | soliciting money or other property for the benefit of the institution; or | | (ii) | representing that charitable contributions are to be given to or applied for the benefit of the institution, and that, unless restrained, he is likely to do further acts of that nature; and |
[S 1031/2020 wef 02/01/2021] | | (b) | the General Division of the High Court is also satisfied as to one or more of the matters specified in paragraph (2), then, subject to paragraph (3), the General Division of the High Court may grant an injunction restraining the doing of any such acts. [S 1031/2020 wef 02/01/2021] |
(2) The matters referred to in paragraph (1)(b) are —| (a) | that the person in question is using methods of fund-raising to which the institution objects; | | (b) | that that person is not a fit and proper person to raise funds for the institution; and | | (c) | where the conduct complained of is the making of such representations referred to in paragraph (1)(a)(ii), that the institution does not wish to be associated with the particular promotional or other fund-raising venture in which that person is engaged. |
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(3) The power to grant an injunction under paragraph (1) shall not be exercisable on the application of a charitable institution unless the institution has, at least 14 days before making the application, served on the person in question a notice in writing —| (a) | specifying the circumstances which gave rise to the serving of the notice and the grounds on which an application under this regulation is to be made; | | (b) | requesting him to cease immediately soliciting money or other property for the benefit of the institution, or representing that charitable contributions are to be given to or applied for the benefit of the charitable institution, as the case may be; and | | (c) | stating that, if he does not comply with the notice, the charitable institution will make an application under this regulation for an injunction. |
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(4) Where —| (a) | a charitable institution has served on any person a notice under paragraph (3) (referred to in this paragraph as the relevant notice) and that person has complied with the notice; but | | (b) | that person has subsequently begun to carry on activities which are the same, or substantially the same, as those in respect of which the relevant notice was served, |
| the charitable institution shall not, in connection with an application made by it under this regulation in respect of the activities carried on by that person, be required by virtue of that paragraph to serve a further notice on him, if the application is made not more than 12 months after the date of service of the relevant notice. |
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| False representation as to “charity”, “charitable body”, etc. |
19.—(1) A person commits an offence if —| (a) | the person solicits money or other property in relation to any fund-raising appeal for the person or on behalf of another person (called the beneficiary); | | (b) | the person represents that the person or beneficiary is a “charity”, “charitable body”, “charitable enterprise” or “charitable organisation”; and | | (c) | the person knows or ought reasonably to know that, or is reckless as to whether, the representation mentioned in sub-paragraph (b) is false or misleading. |
| (2) In paragraph (1)(b), a reference to the term “charity”, “charitable body”, “charitable enterprise” or “charitable organisation” includes a reference to any derivative of that term. |
(3) A person who is guilty of an offence under paragraph (1) shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
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[S 13/2021 wef 08/01/2021] |
| False representation as to registered charity |
20.—(1) A person commits an offence if —| (a) | the person solicits money or other property for the benefit of an institution; | | (b) | the person represents that the institution is a registered charity even though the institution is not; and | | (c) | the person knows or ought reasonably to know that, or is reckless as to whether, the representation mentioned in sub-paragraph (b) is false or misleading. |
(2) A person who is guilty of an offence under paragraph (1) shall be liable on conviction —| (a) | to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and | | (b) | in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction. |
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[S 13/2021 wef 08/01/2021] |
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