Singapore legislation
Clause 90
Clause 90
Surcharge and attachment
(1)
Where in the course of an audit of a society held under the provisions of section 78, or in the course of an inquiry into the affairs of a society held under section 79, or in the case of an examination of books under section 78, or in the course of the winding up of a society it appears that a person who has taken part in the organisation and management of such society or any past or present officer of the society has misapplied or retained or become liable or accountable for any money or property of such society or has been guilty of misfeasance or breach of trust in relation to such society, the Registrar may, on his own motion, or on application of the liquidator or any creditor or contributor, examine the conduct of such person and make an order requiring him to repay or restore the money or property or any part thereof with interest at such rate as the Registrar thinks just or to contribute such sum to the assets of such society by way of compensation in regard to the misapplication, retainer, misfeasance, dishonesty or breach of trust and such order shall be enforced in the same manner as if the order had been a judgment of a District Court.
(2)
This section shall apply notwithstanding that the act is one for which the offender may be criminally responsible.
(3)
Where the Registrar is satisfied that a person with intent to delay the execution of any order or award which may be made against him under subsection (1) and section 85 —
is about to dispose of the whole or any part of his property; or
is about to remove the whole or any part of his property out of Singapore,the Registrar may, unless adequate security is furnished, direct the interim attachment of the said property or such part thereof as he thinks necessary and such attachment shall have the same effect as if it has been made by a District Court.
(4)
A person aggrieved by an order of the Registrar made under subsection (1) or (3) may appeal to the Minister within two months from the date of the order and the decision of the Minister thereon shall be final and conclusive.