Singapore legislation
Section 13
Section 13
Annual audit or examination of charity accounts
(1)
The Minister may by regulations make provision —
requiring the accounts of charities to be audited or examined and specify the circumstances in which such audits or examinations must be carried out by a public accountant, an independent qualified accountant or an independent person;
with respect to the duties of an auditor or independent examiner carrying out an audit or examination for the purposes of this section;
conferring on the auditor or independent examiner a right of access with respect to books, documents and other records (however kept) which relate to the charity concerned;
entitling the auditor or independent examiner to require, in the case of a charity, information and explanations from past or present governing board members or trustees for the charity, or from past or present officers, employees or auditors of the charity; and
enabling the Commissioner, in prescribed circumstances, to dispense with any of the requirements prescribed under paragraph (a) in the case of a particular charity or in the case of any particular financial year of a charity.
(2)
Where it appears to the Commissioner —
that any requirement under this section for the accounts of a charity to be audited or examined has not been complied with in relation to a financial year of a charity within 10 months from the end of that year; or
that it would be desirable for the accounts of a particular charity for any year to be audited by a public accountant although the regulations made under this Act do not so require,the Commissioner may by order require the accounts of the charity for that year to be audited by a person appointed by the Commissioner.
(3)
The expenses of any audit carried out by a person appointed by the Commissioner under subsection (2), including the person’s remuneration, must be paid —
by the governing board members of the charity concerned who shall be personally liable, jointly and severally, for those expenses; or
to the extent that it appears to the Commissioner not to be practical to pay those expenses in accordance with paragraph (a), from the funds of the charity.
(4)
The Commissioner may give any directions that he or she may think appropriate with respect to the carrying out of an examination required by regulations made under this Act, and any such directions may either be of general application or apply to a particular charity only.
(5)
If any person fails to provide an auditor or independent examiner any facility to which the auditor or independent auditor is entitled by virtue of regulations made under subsection (1)(c) or (d), without affecting any regulations made under section 57(4) for such failure, the Commissioner may by order give to that person or to the governing board members for the time being of the charity concerned, such directions as the Commissioner thinks appropriate for securing that the default is made good.
(6)
Section 391 of the Companies Act 1967 has effect in relation to an auditor or independent examiner appointed by a charity pursuant to this section as it has effect in relation to a person employed as auditor by a company within the meaning of that Act.[14