Singapore legislation
Regulation 22
of Charities (Fund-raising Appeals for Local and Foreign Charitable Purposes) Regulations 2012
Regulation 22
Grant of permit to conduct fund-raising appeal
Subregulation 1
The Commissioner may, on receiving an application under regulation 21 from a person (referred to in this regulation as the applicant) —
grant a permit, conditionally or otherwise, to the applicant to conduct or participate in the fund-raising appeal for a foreign charitable purpose specified in the application for a date or period to be specified by the Commissioner in his discretion; or
refuse to grant a permit to the applicant to conduct or participate in the fund-raising appeal on any ground specified in paragraph (2) or (3).
Subregulation 1A
The Commissioner may, in any particular case, extend the period mentioned in paragraph (1)(a) after the grant of the permit.
Subregulation 2
No permit to conduct or participate in any fund-raising appeal for any foreign charitable purpose shall be granted under this regulation unless the applicant undertakes to apply within Singapore not less than 80% of the net proceeds received in response to the fund-raising appeal, unless the Commissioner in his discretion otherwise allows.
Subregulation 3
Without prejudice to paragraph (2), the Commissioner may refuse to grant a permit to conduct, or participate in a fund-raising appeal for a foreign charitable purpose, if he is of the opinion that —
in relation to the gross proceeds likely to be received in response to the fund-raising appeal, an excessive proportion of the proceeds likely to be received is to be used for administrative expenses or to remunerate persons conducting or participating in the fund-raising appeal or both;
the applicant is not a fit and proper person to conduct the fund-raising appeal by reason that the applicant or, in the case of an organisation, any officer or member of the organisation, has been convicted (whether before, on or after 8 January 2021, and whether in Singapore or in any other country or territory) of —
any offence involving dishonesty (including fraud, corruption, bribery and deception);
any offence involving terrorism, terrorism financing or money laundering; or
any offence of a kind the commission of which would likely be facilitated by the grant of a permit;
granting a permit to conduct the fund-raising appeal would be likely to facilitate the commission of an offence under any written law, or that any force, threat or compulsion is likely to be used in order to obtain any money, gain or reward in connection with the fund-raising appeal;
the fund-raising appeal is in aid of a charitable purpose or institution that is illegal, fictitious or objectionable on grounds of public policy;
the applicant or, in the case of an organisation, any officer or member thereof, is a member of an unlawful society within the meaning of the Societies Act 1966;
the applicant has furnished false information to the Commissioner in his application under regulation 21 to conduct or participate in the fund-raising appeal; or
it would be otherwise undesirable to grant a permit regarding the fund-raising appeal.
Subregulation 4
The Commissioner may at any time revoke a permit if he is of the opinion that —
there exists a ground on which he would be entitled under paragraph (3) to refuse to grant the permit to conduct or participate in a fund-raising appeal;
any condition of the permit has been breached;
there has been misconduct by the permit holder of such a nature that the fund-raising appeal should not continue;
the permit holder has failed, without reasonable excuse, to furnish any information or document required by the Commissioner under section 44 of the Act; or
where the permit is given for a purpose consisting of the objects of any organisation, that organisation has ceased to exist or has ceased to operate.
Subregulation 5
When the Commissioner refuses to grant a permit or revokes a permit which has been granted, he shall give written notice to the applicant or the permit holder informing him of the right of appeal given by this regulation and stating —
upon which one or more grounds set out in paragraph (3), the application for the permit has been refused; or
upon which one or more grounds set out in paragraph (4), the permit has been revoked.
Subregulation 6
Notwithstanding paragraph (5), the Commissioner may decline to state his reasons for the refusal to grant a permit or revoke a permit granted, or to disclose the nature or source of the information on which he acted, if the refusal to grant the permit or revoke the permit granted is based on the ground set out in paragraph (3)(g).
Subregulation 7
The applicant whose application for a permit has been refused under paragraph (3) or the permit holder whose permit has been revoked under paragraph (4) may appeal to the Minister against the refusal to grant or the revocation of the permit, as the case may be, and the decision of the Minister shall be final.
Subregulation 8
The time within which any such appeal may be brought shall be 14 days after the date on which written notice is given under paragraph (5).
Subregulation 9
If the Minister decides that the appeal shall be allowed, the Commissioner shall grant a permit or cancel the revocation of the permit granted, as the case may be, in accordance with the decision of the Minister.