Singapore legislation

Section 26

of Charities Act 1994

Section 26

Power to direct application of charity property

Amended by10/200710/200710/200734/201010/200710/200710/20072/2018

(1)

This section applies where the Commissioner is satisfied —

(a)

that a person or persons in possession or control of any property held by or on trust for a charity is or are unwilling to apply it properly for the purposes of the charity; and

(b)

that it is necessary or desirable to make an order under this section for the purpose of securing a proper application of that property for the purposes of the charity.

Amended by10/2007

(2)

The Commissioner may by order direct the person or persons concerned to apply the property in the manner specified in the order.

Amended by10/2007

(3)

An order under this section —

(a)

may require action to be taken whether or not it would otherwise be within the powers exercisable by the person or persons concerned in relation to the property; but(b)may not require any action to be taken which is prohibited by any written law or expressly prohibited by the governing instruments of the charity.

Amended by10/200734/2010

(4)

Anything done by a person under the authority of an order under this section is deemed to be properly done in the exercise of the powers mentioned in subsection (3)(a).

Amended by10/2007

(5)

Subsection (4) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such an order.

Amended by10/2007

(6)

Any person who contravenes an order under subsection (2) shall be guilty of an offence and 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.[26A

Amended by10/20072/2018