On 29 April 2024, the Ministry of Home Affairs (“MHA“) announced that the amendments to the Societies Act 1966 (“Act“) would come into force on 2 May 2024.
By way of background, the Act governs the registration of societies and prevents the establishment of societies whose activities are contrary to Singapore’s national interests or pose a threat to safety and security, or that may be utilised for unlawful purposes.
The amendments were passed in Parliament on 4 October 2023 by way of the Societies (Amendment) Bill. Principally, the amendments apply to the:
(a) Registration process;
(b) Applications to amend name and rules;
(c) Offences provided for under the Act; and
(d) Other administrative and regulatory amendments.
Amendments to Registration Process
At present, registration applications are processed via two routes: normal or automatic. The latter (“automatic route applications“) is intended to facilitate the registration of societies that generally do not pose risks to national interests or security, such as those that are not involved in potentially sensitive issues like politics and religion. At present, the Registrar may neither make inquiries of nor reject automatic route applications.
The amended section 4A of the Act strengthens oversight over automatic route applications by empowering the Registrar to make inquiries of the same. The Registrar may also reject automatic route applications if satisfied that the prospective society (i) would be contrary to Singapore’s national security or interests, or (ii) is likely to be used for purposes that are unlawful or prejudicial to public peace, welfare, or good order.
Amendments to Applications to Amend Names and Rules
Under the Act, registered societies must seek the Registrar’s approval to change their name or amend their constitution. However, the Act was previously silent on the grounds on which the Registrar can withhold such approval.
The amended section 11 provides more clarity with a non-exhaustive list of grounds on which the Registrar can withhold approval – for instance, where the proposed name is undesirable or offensive or the constitution is contrary to Singapore’s national security or interest.
Amendments to Offences
(a) Penalties. The fine quantum for all offences under the Act will be increased to keep up with inflation and ensure that such fines continue to have a deterrent effect.
(b) Introduction of fault element for offences pertaining to the failure to provide information and the provision of false information to the Registrar under sections 10 and 29. Previously, a fault element was not stipulated in sections 10 and 29, meaning that a person who mistakenly provided false or inaccurate information would be in breach. The amendments provide that only those who intentionally, knowingly, or recklessly provide false or inaccurate information will be liable.
(c) Compounding offences. The Registrar may compound offences in the Act as an alternative to charging offenders in court.
Administrative Amendments and Revamp of E-services system
A one-stop service will be introduced to allow societies which are also charities to file their annual submissions once, rather than twice, to two separate authorities (i.e. the Registry of Societies and the Charities Unit).
The Act has also been amended to allow for the electronic transmission of documents.
To support the new amendments, the Registry of Societies has launched its revamped e-services system as of 2 May 2024. Among other improvements, it streamlines application forms to reduce the time needed to complete such forms.
Click on the following links for more information (available at the MHA website at www.mha.gov.sg):
