Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 3) Order 2013
- Act Code: CSA1979-S786-2013
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Chapter 62)
- Enacting Authority (as stated): Minister for Culture, Community and Youth (powers exercised under section 97)
- SL Number: SL 786/2013
- Date Made: 17 December 2013
- Commencement: 24 December 2013
- Status: Current version as at 27 March 2026
- Key Provisions:
- Section 1: Citation and commencement
- Section 2: Exemption from section 89(3) of the Co-operative Societies Act
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 3) Order 2013 is a targeted exemption order made under the Co-operative Societies Act. In plain terms, it allows a specific co-operative society—Theresian Co-operative Society Ltd—to be treated differently from the general rule that would otherwise apply to the handling of certain remaining and unclaimed funds when the society is cancelled.
Under the Co-operative Societies Act, when a co-operative society is cancelled and winds down, there are statutory directions on what happens to money left over after applying the society’s funds to particular purposes, and what happens to sums that remain unclaimed after a specified period. This Order modifies that outcome for one society by redirecting those funds to a named charitable institution rather than to the statutory liquidation account.
Because this is an exemption order, its scope is narrow: it does not create a new regulatory framework for all co-operatives. Instead, it provides a legally recognised deviation for a particular entity, ensuring that the society’s residual assets are applied in a manner consistent with the exemption conditions set out in the Order.
What Are the Key Provisions?
Section 1 (Citation and commencement) is procedural. It provides the short title of the Order and states when it comes into operation. The Order may be cited as the “Co-operative Societies (Exemption under Section 97) (No. 3) Order 2013” and it commenced on 24 December 2013. For practitioners, this matters because the exemption only becomes effective from the commencement date, and it may affect how trustees, liquidators, or administrators account for funds from that point onward.
Section 2 (Exemption from section 89(3) of Act) is the substantive provision. It identifies the beneficiary of the exemption: Theresian Co-operative Society Ltd. The Order states that this society shall be exempt from section 89(3) of the Co-operative Societies Act, “in so far as” two categories of funds are concerned.
First, the exemption applies to “any moneys remaining after the application of its funds to the purposes specified in section 88 of the Act”. Section 88 (as referenced) typically sets out the purposes to which the society’s funds must be applied during winding up/cancellation processes. The key practical point is that the exemption does not allow the society to bypass the statutory purposes in section 88. Rather, it only changes the destination of any residual moneys after those section 88 purposes have been satisfied.
Second, the exemption applies to “any sums unclaimed after 2 years from the date of cancellation of its registration”. This reflects a statutory waiting period: unclaimed sums are held for a defined time before they can be redistributed under the Act’s default rule. The Order therefore addresses both (i) residual funds remaining after mandatory applications and (ii) unclaimed sums after the statutory two-year period.
In both cases, the Order directs that the relevant moneys and unclaimed sums “shall be donated to CHIJ St. Theresa’s Convent, instead of being transferred to the Co-operative Societies Liquidation Account.” This is the core legal effect. Section 89(3) of the Act presumably provides that, absent an exemption, such funds must be transferred to a central liquidation account. The Order overrides that default for the specified society and for the specified fund categories, substituting a charitable destination.
From a compliance perspective, the wording “in so far as” is important. It signals that the exemption is limited to the extent described. Accordingly, any funds that do not fall within the two described categories—or any funds that are still required to be applied under section 88—would not be captured by the exemption and would remain subject to the Act’s general scheme.
How Is This Legislation Structured?
This Order is extremely concise and consists of an enacting formula and two operative provisions:
(1) Section 1 sets out the citation and commencement date.
(2) Section 2 creates the exemption, specifying: (a) the society (Theresian Co-operative Society Ltd), (b) the statutory provision from which it is exempt (section 89(3) of the Co-operative Societies Act), (c) the two fund categories to which the exemption applies (residual moneys after section 88 purposes; unclaimed sums after two years from cancellation), and (d) the alternative destination (donation to CHIJ St. Theresa’s Convent).
There are no schedules, no procedural requirements set out in the Order itself, and no additional conditions beyond the statutory “in so far as” limitation. Practitioners should therefore read the Order together with the referenced provisions of the Co-operative Societies Act—particularly sections 88 and 89(3)—to understand the full mechanics of winding up and the default treatment of residual and unclaimed funds.
Who Does This Legislation Apply To?
The Order applies specifically to Theresian Co-operative Society Ltd. It does not purport to apply generally to all co-operative societies, nor does it establish a class-based exemption. The legal effect is entity-specific.
While the Order is directed at the society, the practical impact will typically be felt by those handling the society’s cancellation and winding-up processes—such as liquidators, administrators, or persons responsible for the society’s accounts and final distribution of assets. The Order’s direction to donate to CHIJ St. Theresa’s Convent means that the final disposition of certain funds must be aligned with the exemption rather than with the default transfer to the Co-operative Societies Liquidation Account.
Why Is This Legislation Important?
Although the Order is short, it is legally significant because it alters the statutory destination of funds at the end of a co-operative society’s life. In co-operative winding-up contexts, the handling of residual and unclaimed monies can be sensitive: it affects accounting, compliance with statutory duties, and the legitimacy of final distributions. By providing an express exemption under section 97, the Order ensures that the society’s residual and unclaimed funds can be directed to a specified charitable institution without breaching the general prohibition or default rule in section 89(3).
For practitioners, the Order is also a useful example of how Singapore’s co-operative legislation can accommodate tailored outcomes. Section 97 (the enabling provision) allows the Minister to grant exemptions from certain statutory requirements. This can be important where the policy rationale for the default rule (e.g., consolidating liquidation funds) is outweighed by a more appropriate charitable or community use for the particular society’s remaining assets.
From an enforcement and risk-management perspective, the existence of a formal exemption reduces the risk of challenge. Without the exemption, transferring residual and unclaimed funds to a party other than the Co-operative Societies Liquidation Account could be argued to be non-compliant with the Act. With the exemption, the donation to CHIJ St. Theresa’s Convent becomes a lawful alternative, provided the funds fall within the categories described and the statutory prerequisites (including the application of funds under section 88) have been satisfied.
Finally, the Order’s “two-year unclaimed sums” element is practically relevant for record-keeping. Those responsible for winding up must track the date of cancellation of registration and ensure that unclaimed sums are not prematurely redistributed. The exemption does not remove the two-year period; it only changes the destination after that period elapses.
Related Legislation
- Co-operative Societies Act (Chapter 62) (including sections 88, 89(3), and the exemption power in section 97)
- Co-operative Societies (Exemption under Section 97) (No. 3) Order 2013 (SL 786/2013) — the subject of this article
- Legislation timeline / version history (to confirm the applicable version as at the relevant date)
Source Documents
This article provides an overview of the Co-operative Societies (Exemption under Section 97) (No. 3) Order 2013 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.