Singapore legislation
Section 28
Section 28
Disqualifications and effects of removal
(1)
Subject to subsections (3) and (4), a person is disqualified from acting in any capacity specified in subsection (2) on the happening of any of the following, whether before, on or after 1 April 2018:
the person is convicted, whether in Singapore or in any other country or territory, of any offence involving —
dishonesty (including fraud, corruption, bribery and deception); or
terrorism, terrorism financing or money laundering;
the person becomes an undischarged bankrupt;
the person makes a composition or arrangement with, or grants a trust deed for, the person’s creditors and has not been discharged in respect of it;
the person becomes subject to any disqualification under section 149, 149A or 154 of the Companies Act 1967.
(2)
The capacities for the purposes of subsection (1) are the following:
any member of the governing body or any key officer of —
any charity;
any person that is a governing board member of any charity; or
any person that is a member of any charity;
any trustee for any charity.
(3)
However, a person who is subject to a disqualification in subsection (1)(b) or (d) may act in a capacity specified in subsection (2) in relation to a charity or person (as the case may be) that is a company, if the person subject to the disqualification has leave under section 148, 149 or 154 of the Companies Act 1967 to act as a director, or to (directly or indirectly) take part in or be concerned in the management, of that company.
(4)
A person ceases to be disqualified under subsection (1) in the following applicable circumstances:
for disqualification under subsection (1)(a), when the person’s conviction is spent;
for disqualification under subsection (1)(b), when the person is discharged from bankruptcy;
for disqualification under subsection (1)(c), when the person is discharged from the composition, arrangement or trust deed;
for disqualification under subsection (1)(d), when the period of disqualification ends.
(5)
To avoid doubt, nothing in this section affects section 7E(2)(d) of the Registration of Criminals Act 1949.
(6)
A person is disqualified from acting in any capacity specified in subsection (7) on the happening of all of the following, whether before, on or after 1 April 2018:
the person is removed as a governing board member, an officer, an agent or an employee, of a charity or trustee for a charity by an order made by the Commissioner under section 23(1)(c) or by the General Division of the High Court, or an order is made under section 23(5) declaring that the person is one against whom the Commissioner would have made an order of removal under section 23(1)(c); and
the removal is or would have been on the ground of any misconduct or mismanagement in the administration of the charity —
for which the person was responsible;
to which the person was privy; or
which the conduct of the person contributed to or facilitated.
(7)
The capacities for the purposes of subsection (6) are the following:
any capacity specified in subsection (2);
each of the relevant capacities as follows:
if the person was removed as an officer of a charity, any officer of that charity;
if the person was removed as an agent of a charity, any agent of that charity;
if the person was removed as an employee of a charity, any employee of that charity.
(8)
A person who is removed (whether before, on or after 1 April 2018) as a governing board member or a key officer of a charity by an order made under section 23(4), is disqualified from acting —
as any governing board member of that charity; and
as any key officer of that charity.
(9)
Where an order is made under section 23(5) declaring that a person is one against whom the Commissioner would have made an order of removal under section 23(4) in respect of a charity, the person is disqualified from acting —
as any governing board member of that charity; and
as any key officer of that charity.[27