Clause 9

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 the date of commencement of section 9 of the Charities (Amendment) Act 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 (Cap. 50).(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 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 (Cap. 268).(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 the date of commencement of section 9 of the Charities (Amendment) Act 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 25(1)(i) or by the High Court, or an order is made under section 25(4A) declaring that the person is one against whom the Commissioner would have made an order of removal under section 25(1)(i); 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 the date of commencement of section 9 of the Charities (Amendment) Act 2018) as a governing board member or a key officer of a charity by an order made under section 25(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 25(4A) declaring that a person is one against whom the Commissioner would have made an order of removal under section 25(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.Persons acting in capacity from which disqualified28.—

Any person who acts in a capacity that the person is by reason of section 27 disqualified from acting in (called in this section a disqualified capacity) shall be guilty of an offence.(2) Any thing done by the person acting in a disqualified capacity is not invalid by reason only of the person’s disqualification.(3) Where the Commissioner is satisfied that any person —

has acted in a disqualified capacity; and

has received any money by way of remuneration or for expenses, or any benefit in kind, for acting in that disqualified capacity,then, the Commissioner may by order direct the person to repay the whole or any part of the money, or benefit (at the monetary value determined by the Commissioner), received.(4) If the person to whom the order of the Commissioner under subsection (3) is given fails without reasonable excuse to comply with the order within the time specified in the order —

the person shall be guilty of an offence; and

any amount under the order that is not repaid accrues and is recoverable as a debt due from that person to the person who paid the amount, or provided the benefit represented by the amount, to the firstmentioned person.(5) A person who is guilty of an offence under this section shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day or part of a day during which the offence continues after conviction.”.