Statute Details
- Title: Charities (Restriction of Fund-raising Appeal) Order 2013
- Act Code: CA1994-S689-2013
- Type: Subsidiary legislation (Order)
- Enacting authority: Commissioner of Charities
- Authorising provision: Section 39B(1) of the Charities Act (Cap. 37)
- Citation: Charities (Restriction of Fund‑raising Appeal) Order 2013
- Commencement: 11 November 2013
- Key operative provision: Section 2 (Restriction)
- Legislative instrument number: S 689/2013
- Status (as provided): Current version as at 26 March 2026
What Is This Legislation About?
The Charities (Restriction of Fund‑raising Appeal) Order 2013 is a targeted regulatory instrument made under the Charities Act (Cap. 37). Unlike broad, economy-wide fundraising rules, this Order applies to a specific entity and restricts its ability to conduct (or continue to conduct) fundraising appeals unless defined conditions are met.
In plain terms, the Order functions as a compliance gate. It does not merely set general fundraising standards; it conditions the ability of Project Awareness (Singapore) Pte. Ltd. to run fundraising appeals on (i) having adequate systems and controls to comply with the relevant fundraising regulations, (ii) ensuring a particular individual is not involved in the conduct and management of fundraising appeals, and (iii) ensuring that all bank accounts used to receive fundraising proceeds are held in the company’s name only.
The legal significance is that the Commissioner of Charities uses the statutory power in section 39B(1) of the Charities Act to impose restrictions on a particular charity-related fundraising actor. This is consistent with a regulatory approach that seeks to protect donors and the integrity of charitable fundraising by preventing known risk factors—such as inadequate controls, prohibited involvement of particular persons, or improper handling of proceeds through accounts not properly identified with the fundraising entity.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity and effective date of the instrument. The Order may be cited as the Charities (Restriction of Fund‑raising Appeal) Order 2013 and came into operation on 11 November 2013. For practitioners, this matters because it fixes the time from which the restriction becomes legally enforceable.
Section 2 (Restriction) is the operative provision. It states that Project Awareness (Singapore) Pte. Ltd. “shall not conduct (or continue to conduct) any fund‑raising appeal” unless all the following conditions are satisfied:
(a) Proper systems and control for compliance
The company must have “proper systems and control” to ensure compliance with the Charities (Fund‑raising Appeals for Local and Foreign Charitable Purposes) Regulations 2012 (G.N. No. S 530/2012). This condition is not merely aspirational; it requires an operational compliance framework. In practice, a lawyer advising the company would typically look for governance and compliance measures such as documented fundraising procedures, internal approvals, training, record-keeping, donor communication controls, and audit-ready documentation demonstrating adherence to the 2012 Regulations.
(b) Prohibited involvement of a named individual
The Order prohibits fundraising appeals if William Soh Sim Song (NRIC No. S7638187I) is involved, directly or indirectly, in the conduct and management of any fundraising appeal. This is a person-specific restriction. The phrase “directly or indirectly” is broad and would likely capture not only formal roles (e.g., director, officer, manager) but also de facto influence (e.g., decision-making behind the scenes, involvement through intermediaries, or operational control). For legal counsel, this raises immediate diligence questions: Who makes decisions about fundraising? Who approves scripts, campaigns, budgets, and vendor arrangements? Are there any arrangements that could be characterised as indirect involvement?
(c) Bank account requirement for receipt of proceeds
The Order requires that any bank account used to receive proceeds from fundraising appeals must be in the name of Project Awareness (Singapore) Pte. Ltd. and “no other.” This is a strict segregation and identification requirement. The legal effect is that proceeds cannot be received into accounts held by individuals, related entities, or other third parties. Practitioners should note that this condition is framed around the receipt of proceeds. Therefore, counsel should consider the entire payment flow: donation collection channels, merchant acquiring arrangements, intermediary payment processors, and whether any funds are first routed through accounts not in the company’s name. If so, the company may need to restructure the payment architecture to ensure compliance.
All conditions must be satisfied
A critical interpretive point is that the Order uses the conjunctive “unless all the following conditions are satisfied.” That means partial compliance is insufficient. Even if the company has proper systems and controls, fundraising would still be prohibited if the named individual is involved or if proceeds are received into a non-company bank account.
How Is This Legislation Structured?
This Order is brief and consists of an Enacting Formula followed by two substantive provisions:
- Section 1: Citation and commencement (11 November 2013).
- Section 2: Restriction (the conditional prohibition on fundraising appeals by the specified company).
There are no additional parts or schedules in the extract provided. The structure reflects the nature of the instrument: it is a targeted restriction rather than a comprehensive code. The legal “work” is done by the single restriction clause in section 2, which cross-references the 2012 fundraising regulations and imposes person- and account-specific conditions.
Who Does This Legislation Apply To?
The Order applies specifically to Project Awareness (Singapore) Pte. Ltd. (UEN: 201320571D). It is not a general rule for all charities or all fundraising appeals in Singapore. The restriction is therefore best understood as a regulatory measure directed at one fundraising actor.
However, the Order’s conditions have practical implications for anyone involved in the company’s fundraising activities. The named individual restriction affects governance and management arrangements, while the bank account restriction affects finance operations, payment processing, and fundraising logistics. Even though the legal addressee is the company, compliance will necessarily involve directors, officers, employees, contractors, and payment intermediaries acting on the company’s behalf.
Why Is This Legislation Important?
This Order is important because it illustrates how the Charities Act empowers the Commissioner of Charities to impose tailored restrictions on fundraising activities where there are compliance concerns. For practitioners, it demonstrates that the regulatory framework is not limited to general statutory duties; it can also include targeted conditions that must be met before fundraising can proceed.
From a compliance perspective, the Order creates a high-stakes operational checklist. If the company fails to maintain proper systems and controls, or if the prohibited individual is involved in any way that could be characterised as direct or indirect involvement in conduct and management, or if proceeds are received into the wrong bank account, the company would be in breach of the restriction. That breach could expose the company to regulatory consequences under the wider Charities Act framework (including enforcement action and potential sanctions), and could also create risk for directors and officers depending on how enforcement is pursued.
For donors and the public, the Order supports integrity in charitable fundraising by ensuring that proceeds are handled through properly identified corporate accounts and that management influence is constrained. For lawyers advising charities, fundraising platforms, or corporate entities engaged in charitable fundraising, the Order is a reminder that compliance is not only about filing and reporting; it is also about who controls the campaign and how money is received.
Related Legislation
- Charities Act (Cap. 37) — in particular, section 39B(1) (power to make restriction orders)
- Charities (Fund‑raising Appeals for Local and Foreign Charitable Purposes) Regulations 2012 (G.N. No. S 530/2012) — compliance framework referenced in section 2(2)(a) of the Order
Source Documents
This article provides an overview of the Charities (Restriction of Fund-raising Appeal) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.