1. The amendments to the Societies Act, which were passed by Parliament on 4 October 2023, will come into effect on 2 May 2024. To support the amendments, the Registry of Societies will be launching its revamped e-services system on the same day.
Background
2. The Societies Act governs the registration of societies and ensures that groups that may be used for unlawful purposes, pose a threat to safety and security, or whose activities are contrary to our national interests, are not allowed to establish themselves in Singapore.
3. In October 2023, the Act was amended to:
(a) Strengthen the regulation of societies to safeguard national interests and security; and
(b) Provide more clarity to the public on the requirements for registration of societies.
Amendments to the Registration Process
4. Currently, applications to register societies are processed via two routes: the normal route, or the automatic route. The automatic route is meant to facilitate the registration of non-specified societies that generally do not pose risks to national interests or security.
5. The amendments to Section 4A of the Societies Act will:
(a) Allow the Registrar to make inquiries of applications submitted via the automatic route. This gives the Registrar the same powers to make inquiries, whether applications are submitted via the normal route, or the automatic route.
(b) Allow the Registrar to reject applications submitted via the automatic route. Currently, the Registrar does not have the authority to reject applications submitted via the automatic route, even if the application is of concern. The amendment empowers the Registrar to do so, if the Registrar is satisfied that the society, if registered, (i) is likely to be used for unlawful purposes or for purposes prejudicial to public peace, welfare or good order in Singapore; or (ii) would be contrary to Singapore’s national security or interests.
6. A new Section 4(3A) also makes explicit that the Registrar has powers to require the rules of specified societies to be amended as a condition for registration.
Amendments to Applications to Amend Names and Rules
7. Currently, under Section 11 of the Societies Act, registered societies must seek the Registrar’s approval to change their name or amend their constitution. The amendments to Section 11 of the Societies Act provide more clarity to the grounds on which the Registrar can reject an application to amend a society’s name or constitution.
8. For example:
(a) The Registrar can reject a change in name if the new name is likely to mislead members of the public as to the true character or purpose of the society.
(b) The Registrar can reject a change in the constitution if it would be contrary to Singapore’s national interest or security; or prejudicial to public peace, welfare or good order in Singapore.
9. For avoidance of doubt, the Registrar may consider other grounds besides those stipulated in the new Section11(1A), when making his decision.
Amendments to Offences
10. The following amendments will also come into force:
(a) Adjustment to penalties. The amendments ensure that the prescribed fines and imprisonment terms continue to have a deterrent effect.
(b) Amended fault element for offences pertaining to the failure to provide information and the provision of false information to the Registrar. The amendments ensure that only those who intentionally, knowingly, or recklessly provide false or inaccurate information would be liable for these offences.
(c) Compounding offences. A new section 30A of the Societies Act allows the Registrar to compound offences in the Societies Act.
Other Administrative and Regulatory Amendments
11. Section 2 of the Societies Act was amended to replace “Place of Business”, with “Registered Address”. This recognises that virtual offices are becoming increasingly common, and not every society may have a physical place of business. Consequently, a new Regulation 8A will be introduced in the Societies Regulations, to regulate the application for change of registered address.
12. Section 12(1)(b) of the Societies Act was amended to allow the Registrar to declare a person as unfit to be an officer of a society. Under Section 12(1A) of the Societies Act, a person who is declared as unfit by the Registrar may apply to the Minister for permission to act as an officer of the registered society.
13. Other administrative amendments were also made to allow electronic transmission for all service of documents to societies, as well as to allow the Registrar to charge a fee at the point of application to register a society, regardless of the outcome of the application.
Revamp of the Registry of Societies’ E-Services System
14. To support the new amendments, the Registry of Societies will be revamping its current e-services system. The revamped system will be launched on 2 May 2024, and can be accessed via
https://www.mha.gov.sg/ros. It will offer an improved user experience, including through streamlined application forms, which will reduce the time taken to complete the forms.
15. Please refer to Annex for more information on the amendments to the Societies Act.
Annexes
