Singapore legislation

Section 31

of Charities Act 1994

Section 31

Power to authorise dealings with charity property, etc.

Amended by34/201034/2010

(1)

Subject to this section, where it appears to the Commissioner that any action proposed or contemplated in the administration of a charity is expedient in the interests of the charity, the Commissioner may by order sanction that action, whether or not it would otherwise be within the powers exercisable by the governing board members in the administration of the charity; and anything done under the authority of that order is deemed to be properly done in the exercise of those powers.

Amended by34/2010

(2)

An order under this section may be made so as to authorise a particular transaction, compromise or the like, or a particular application of property, or so as to give a more general authority, and (without limiting subsection (1)) may authorise a charity to use common premises, or employ a common staff, or otherwise combine for any purpose of administration, with any other charity.

(3)

An order under this section may give directions as to the manner in which any expenditure is to be borne and as to other matters connected with or arising out of the action thereby authorised; and where anything is done pursuant to an authority given by any such order, any directions given in connection therewith are binding on the governing board members for the time being as if contained in the governing instruments of the charity except that those directions may on the application of the charity be modified or superseded by a further order.

Amended by34/2010

(4)

Without limiting subsection (3), the directions which may be given by an order under this section in particular include directions for —

(a)

meeting any expenditure out of a specified fund;

(b)

charging any expenditure to capital or to income;

(c)

requiring expenditure charged to capital to be recouped out of income within a specified period;

(d)

restricting the costs to be incurred at the expense of the charity; or

(e)

the investment of moneys arising from any transaction.[30

Section 31 — Charities Act 1994 | laws.sg