Singapore legislation

Regulation 4

of Charities (Fund-raising Appeals for Local and Foreign Charitable Purposes) Regulations 2012

Regulation 4

Duty to donors

Amended byS 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 18/2023 wef 31/12/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021

Subregulation 1

Amended byS 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021S 18/2023 wef 31/12/2021S 13/2021 wef 08/01/2021S 13/2021 wef 08/01/2021

A charity, commercial fund-raiser, commercial participator or person conducting a fund-raising appeal shall ensure that —

(a)

any information it provides to donors or to the general public is accurate and not misleading;

(b)

in relation to a fund-raising appeal within the meaning of paragraph (a) of the definition of “fund-raising appeal” in section 35(1) of the Act, the following information is disclosed to every person from whom it solicits a donation:

(i)

the name of the charity or the person to which the donation will be given;

(ii)

the purpose for which the donation will be used; (iii)whether any commercial fund-raiser has been engaged in soliciting the donation;

(iv)

in the case of the commercial fund-raiser, commercial participator or person conducting the fund-raising appeal, the percentage of the total gross receipts from the fund-raising appeal expected to be used to pay for the expenses incurred for the conduct of that appeal;

(c)

all information relating to every donor is kept confidential, and is not disclosed to any other person except as authorised by or under any law or with the consent of the donor; and

(d)

there are adequate control measures and safeguards to ensure proper accountability in relation to any arrangement to solicit or receive donations, and to prevent any loss or theft of donations.

Subregulation 2

Amended byS 13/2021 wef 08/01/2021

Where a commercial fund-raiser is engaged by a charity or person to solicit donations —

(a)

the commercial fund-raiser must pay directly to the charity or person (as the case may be) the whole amount of donations collected for the charity or person, without any deduction or set-off; and

(b)

the charity or person (as the case may be) must not allow the commercial fund-raiser to deduct from any donations collected for the charity or person, any payment due to the commercial fund-raiser from the charity or person.

Subregulation 3

Amended byS 13/2021 wef 08/01/2021

A charity, commercial fund-raiser, commercial participator or person mentioned in paragraph (1) commits an offence if the charity, commercial fund-raiser, commercial participator or person (as the case may be) fails to comply with any requirement of paragraph (1).

Subregulation 4

Amended byS 13/2021 wef 08/01/2021

A commercial fund-raiser mentioned in paragraph (2)(a) commits an offence if the commercial fund-raiser fails to comply with paragraph (2)(a).

Subregulation 5

Amended byS 13/2021 wef 08/01/2021

A charity or person mentioned in paragraph (2)(b) commits an offence if the charity or person (as the case may be) fails to comply with paragraph (2)(b).

Subregulation 6

Amended byS 13/2021 wef 08/01/2021

A charity, commercial fund-raiser, commercial participator or person who is guilty of an offence under paragraph (3), (4) or (5) shall be liable on conviction —

(a)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both; and

(b)

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.

Subregulation 7

Amended byS 13/2021 wef 08/01/2021

Paragraphs (3), (4) and (5) do not apply to a private fund-raiser who conducts a private fund-raising appeal for any local charitable purpose.