Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 2) Order 2017
- Act Code: CSA1979-S482-2017
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Cap. 62) (“the Act”)
- Key Enabling Provision: Section 97 of the Act
- Key Exempted Provision: Section 89(3) of the Act
- Order Number / Citation: SL 482/2017
- Commencement: 31 August 2017
- Date Made: 28 August 2017
- Beneficiary Co-operative: NorthLight School Multipurpose Co-operative Limited
- Status: Current version as at 27 March 2026
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 2) Order 2017 is a targeted exemption order made under the Co-operative Societies Act (Cap. 62). In essence, it allows a specific co-operative—NorthLight School Multipurpose Co-operative Limited—to depart from a statutory rule governing what happens to certain remaining or unclaimed funds when the co-operative’s registration is cancelled.
Under the Act, when a co-operative is cancelled and liquidated, there are prescribed pathways for dealing with surplus funds and unclaimed sums. The default statutory scheme is designed to ensure that money does not remain indefinitely within the dissolved entity and that it is channelled into the appropriate public or regulatory accounts. This Order modifies that default outcome for one co-operative, directing specified funds to a particular fund (the “General Fund of NorthLight School”) rather than to the Co-operative Societies Liquidation Account.
Practically, the Order is about fund allocation after cancellation—specifically, how (and to where) certain monies are to be donated once the co-operative’s registration has been cancelled and liquidation-related timelines have run. It is not a broad reform of co-operative governance; it is a narrow, case-specific instrument.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identification of the Order and its effective date. The Order is cited as the “Co-operative Societies (Exemption under Section 97) (No. 2) Order 2017” and comes into operation on 31 August 2017. For practitioners, this matters because the exemption only applies from the commencement date and in relation to the statutory consequences that follow from the co-operative’s cancellation and liquidation processes.
Section 2 (Exemption from section 89(3) of Act) is the operative provision. It states that NorthLight School Multipurpose Co-operative Limited is exempt from section 89(3) of the Act, but only “insofar as” the exemption relates to two categories of money. The exemption is therefore conditional and scoped: it does not create a general waiver of all obligations under the Act; it only alters the statutory destination of specified funds.
Under Section 2, the exemption applies to:
- (a) Any moneys remaining after the application of its funds to the purposes specified in section 88 of the Act; and
- (b) Any sums unclaimed after 2 years from the date of cancellation of its registration.
In both cases, the Order directs that these amounts are to be donated to the General Fund of NorthLight School instead of being transferred to the Co-operative Societies Liquidation Account. This is the core legal effect: it changes the statutory “destination” of funds that would otherwise flow into the liquidation account.
From a drafting and compliance perspective, the phrase “instead of being transferred” indicates that the liquidation account is the default statutory recipient under section 89(3), and the Order overrides that default for the specified co-operative and specified fund categories. Lawyers advising on dissolution, liquidation, and post-cancellation fund handling should therefore treat this Order as a specific override to the general rule.
Finally, the Order includes the formal “Made on” clause and signature block. It was made on 28 August 2017 by YEOH CHEE YAN, Permanent Secretary, Ministry of Culture, Community and Youth, Singapore. While this is largely procedural, it confirms the instrument’s validity and the authority exercised under section 97 of the Act.
How Is This Legislation Structured?
This Order is extremely concise and consists of:
- Enacting Formula: States that the Minister acts under the powers conferred by section 97 of the Co-operative Societies Act.
- Section 1: Citation and commencement (31 August 2017).
- Section 2: The exemption clause—exempting NorthLight School Multipurpose Co-operative Limited from section 89(3) of the Act, limited to the specified categories of remaining and unclaimed funds, and directing the donation to the General Fund of NorthLight School.
There are no schedules, no additional conditions stated in the extract beyond the “insofar as” limitation, and no separate procedural steps described in the Order itself. The Order’s structure reflects its purpose: it is designed to be a narrow legal instrument that changes one statutory consequence for one co-operative.
Who Does This Legislation Apply To?
The Order applies to NorthLight School Multipurpose Co-operative Limited only. It is not a general exemption for all co-operatives, nor does it apply to a class of co-operatives. The legal effect is therefore personal and entity-specific.
In terms of subject matter, the exemption concerns the co-operative’s handling of funds after the statutory processes triggered by cancellation of registration. Specifically, it covers:
- moneys remaining after applying funds to the purposes in section 88 of the Act; and
- unclaimed sums after a 2-year period from cancellation.
Accordingly, the Order is relevant to practitioners advising on liquidation outcomes, distribution of surplus, and treatment of unclaimed sums in the context of co-operative dissolution.
Why Is This Legislation Important?
Although the Order is short, it is legally significant because it alters the statutory destination of funds that would otherwise be transferred to the Co-operative Societies Liquidation Account. For a co-operative that is being wound up following cancellation, the question of where remaining and unclaimed monies ultimately go can be sensitive for stakeholders, including members, creditors, and the broader community or institution associated with the co-operative’s purposes.
From an enforcement and compliance standpoint, the Order provides legal certainty that the co-operative (and those administering its winding up) may donate specified remaining and unclaimed funds to the General Fund of NorthLight School without breaching the default requirement in section 89(3). In practice, this reduces the risk of administrative error—such as misdirecting funds to the liquidation account when the law has been specifically modified by an exemption order.
For practitioners, the key takeaway is that subsidiary legislation can operate as a targeted override to the main Act. When advising on final accounts, distribution statements, or closure steps after cancellation, counsel should check whether any exemption orders exist that affect the statutory flow of funds. Even where the main Act provides a clear default, an exemption order like this one can change the outcome for a particular entity and particular categories of money.
Finally, the Order illustrates how the legislative framework balances general regulatory controls (ensuring funds are handled under the Act’s liquidation scheme) with flexibility to accommodate particular institutional outcomes—here, channelling funds to a school’s general fund rather than to the liquidation account—subject to the Minister’s authority under section 97.
Related Legislation
- Co-operative Societies Act (Cap. 62) — in particular:
- Section 97 (power to make exemption orders)
- Section 89(3) (default rule on transfer of certain funds to the Co-operative Societies Liquidation Account)
- Section 88 (purposes to which funds must be applied before remaining moneys are dealt with)
Source Documents
This article provides an overview of the Co-operative Societies (Exemption under Section 97) (No. 2) Order 2017 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.