Statute Details
- Title: Co-operative Societies (Exemption under Section 97) (No. 4) Order 2010
- Act Code: CSA1979-S368-2010
- Legislation Type: Subsidiary Legislation (SL)
- Authorising Act: Co-operative Societies Act (Cap. 62) (“the Act”)
- Key Enabling Provision: Section 97 of the Co-operative Societies Act
- Key Operative Provision(s): Section 1 (Citation and commencement); Section 2 (Exemption)
- Commencement: 2 July 2010
- Order Date (Made): 30 June 2010
- Current Status (as provided): Current version as at 27 Mar 2026
- Publication Reference: SL 368/2010
What Is This Legislation About?
The Co-operative Societies (Exemption under Section 97) (No. 4) Order 2010 is a targeted exemption order made under the Co-operative Societies Act. In plain language, it allows two named co-operative societies to be exempt from a specific statutory requirement relating to how their committee of management directs and supervises the society’s business and property.
Under the Act, co-operative societies generally operate through governance structures that include a committee of management. The default legislative position is that the committee of management directs and supervises the business and property of the society. This Order modifies that position for two particular societies by exempting them from the relevant part of section 61(1) of the Act.
Importantly, the exemption is not a blanket removal of governance oversight. The Order conditions the exemption on a compensating governance arrangement: the societies must provide in their by-laws that the business and property of the society will be under the direction and supervision of the president. This ensures that, even though the committee’s role is altered, there remains a clear statutory-aligned chain of responsibility.
What Are the Key Provisions?
Section 1: Citation and commencement is straightforward. It provides the formal name of the Order and states that it comes into operation on 2 July 2010. For practitioners, this matters for determining the effective date of the exemption and for assessing whether any governance decisions taken after commencement fall within the exempted framework.
Section 2: Exemption is the substantive provision. Section 2(1) states that, subject to section 2(2), the following societies are exempted from section 61(1) of the Act, but only “insofar as it relates to the committee of management directing and supervising the business and property of the society”:
- (a) Singapore Police Co-operative Society Limited
- (b) Phoenix Co-operative Society Limited
In other words, the exemption is narrowly tailored. It does not remove all committee involvement in society affairs; rather, it removes the statutory requirement that the committee of management must direct and supervise the business and property. The phrase “insofar as it relates to” is legally significant: it limits the exemption to the committee’s directing/supervising function over business and property, leaving other aspects of section 61(1) (if any) unaffected to the extent they are not connected to that specific function.
Section 2(2): By-law requirement (president as directing and supervising authority) provides the key condition. The exempted societies must “provide in the by-laws that the business and property of the society shall be under the direction and supervision of the president of the society.” This is a compliance mechanism: the exemption is effectively conditional on the societies’ constitutional documents (their by-laws) being amended or drafted to reflect the president’s governance role.
From a legal drafting and compliance perspective, this means that the societies’ by-laws must clearly allocate the direction and supervision of the society’s business and property to the president. Practitioners should pay attention to how “business and property” is defined or described in the by-laws, and how the president’s authority interacts with any other governance organs (for example, a management committee, audit functions, or supervisory committees) that may exist under the societies’ internal rules.
Finally, the Order includes the formal making clause: it was made by the Permanent Secretary, Ministry of Community Development, Youth and Sports, on 30 June 2010. While this is procedural, it can be relevant where questions arise about the validity of the instrument or the identity of the maker under the enabling statute.
How Is This Legislation Structured?
This Order is very short and consists of two operative sections:
- Section 1 (Citation and commencement): identifies the Order and sets the effective date.
- Section 2 (Exemption): lists the exempt societies and describes the scope and conditions of the exemption.
There are no additional parts, schedules, or complex definitions in the extract provided. The structure reflects the nature of an exemption order: it is designed to implement a specific legal modification for named entities, rather than to create a comprehensive regulatory framework.
Who Does This Legislation Apply To?
The Order applies to two specific co-operative societies named in section 2(1): Singapore Police Co-operative Society Limited and Phoenix Co-operative Society Limited. It does not apply generally to all co-operative societies, and it does not create a class-based exemption (for example, by size, sector, or membership type). The exemption is entity-specific.
In terms of functional scope, it applies to the societies’ governance arrangements concerning the committee of management’s direction and supervision of the society’s business and property. The exemption is therefore relevant when the societies’ internal governance documents and practices would otherwise require the committee of management to perform that directing and supervising role under section 61(1) of the Act.
Practically, the Order also indirectly affects other stakeholders—such as members, auditors, and regulators—because it changes the governance locus for oversight. However, the legal obligation to comply with the exemption condition (by-law provision assigning direction and supervision to the president) rests with the exempted societies.
Why Is This Legislation Important?
Although the Order is brief, it is legally significant because it alters the default statutory governance model under the Co-operative Societies Act for the named societies. For practitioners advising co-operative societies, governance structures are often a focal point for compliance, disputes, and regulatory scrutiny. This Order demonstrates that the Act’s governance requirements can be modified through targeted exemptions, but only within defined limits.
The most important practical impact is the shift in statutory responsibility from the committee of management to the president for the direction and supervision of the society’s business and property. This can affect how decisions are authorised, how oversight is exercised, and how internal accountability is documented. Where governance disputes arise—such as challenges to authority, questions about who had the power to supervise assets, or allegations of mismanagement—the president’s by-law-based role may become central.
Second, the Order highlights the importance of by-law compliance. The exemption is expressly “subject to” the by-law requirement in section 2(2). If a society fails to provide the required by-law provision, it may not be able to rely on the exemption. In practice, lawyers should therefore verify (i) whether the by-laws have been updated, (ii) whether the relevant provisions are sufficiently clear, and (iii) whether the by-laws align with the statutory phrase “direction and supervision” and the scope “business and property.”
Third, the Order illustrates how Singapore’s co-operative governance framework balances flexibility with accountability. The committee’s statutory directing/supervising role is removed for these societies, but the president is designated as the directing/supervising authority. This preserves a governance oversight function while allowing the societies to operate under a governance structure that may better fit their operational realities.
Related Legislation
- Co-operative Societies Act (Cap. 62) — in particular, section 61(1) (committee of management directing and supervising business and property) and section 97 (power to make exemption orders)
Source Documents
This article provides an overview of the Co-operative Societies (Exemption under Section 97) (No. 4) Order 2010 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.