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 (Chapter 62) (“the Act”)
- Key Enabling Provision: Section 97 of the Act
- Enacting Formula / Maker: Minister for Community Development, Youth and Sports
- Date Made: 30 June 2010
- Commencement: 2 July 2010
- Legislative Citation: SL 368/2010 (dated 2 July 2010)
- Current Version: Current version as at 27 Mar 2026 (per the legislation portal status)
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 (Cap. 62). In plain terms, it allows two specified co-operative societies to be exempted from a particular statutory requirement relating to how their management committee 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 certain societies by exempting them from the relevant part of section 61(1), but only to a limited extent and subject to a compensating governance requirement.
Practically, the Order reflects a legislative recognition that some societies may have governance arrangements that differ from the standard committee-of-management model, while still ensuring that ultimate oversight is vested in a senior office-holder—here, the president—through by-law provisions.
What Are the Key Provisions?
Section 1 (Citation and commencement) provides the formal identity and timing of the Order. It may be cited as the “Co-operative Societies (Exemption under Section 97) (No. 4) Order 2010” and comes into operation on 2 July 2010. For practitioners, this matters when assessing whether the exemption applies to governance decisions, by-law amendments, or compliance steps taken on or after the commencement date.
Section 2 (Exemption) is the substantive provision. The Order is made “in exercise of the powers conferred by section 97 of the Act,” which indicates that Parliament has authorised the Minister to carve out exemptions from certain statutory requirements for specified societies, subject to conditions.
Under section 2(1), the following societies are exempted from section 61(1) of the Act, “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
This wording is important. The exemption is not a blanket exemption from section 61(1) in its entirety. Instead, it is limited to the specific element of section 61(1) that assigns the committee of management the role of directing and supervising the society’s business and property. In other words, the societies remain subject to section 61(1) for other aspects of that provision, but they are relieved from the committee-of-management direction/supervision requirement.
Section 2(2) (Condition attached to the exemption) ensures that the exemption does not create a governance vacuum. It requires that the exempted societies must provide in their by-laws that the business and property of the society shall be under the direction and supervision of the president of the society.
For legal practitioners, this condition is the compliance fulcrum. The exemption is effectively conditional upon by-law alignment. If a society fails to amend its by-laws (or fails to maintain the required by-law provision), it risks losing the benefit of the exemption or being treated as non-compliant with the statutory governance framework.
Finally, the Order is “made” on 30 June 2010 by the Permanent Secretary, Ministry of Community Development, Youth and Sports, on behalf of the Minister, as indicated by the signature block. This is typical for Singapore subsidiary legislation and confirms the formal authority behind the instrument.
How Is This Legislation Structured?
This Order is structured in a short, two-section format:
- Section 1: Citation and commencement. This section identifies the Order and states when it takes effect.
- Section 2: Exemption. This section (i) specifies the societies and the scope of the exemption from section 61(1), and (ii) sets the condition requiring by-laws to vest direction and supervision of the society’s business and property in the president.
There are no additional parts, schedules, or complex procedural provisions in the extract provided. The instrument is designed to be precise and narrow: it identifies specific societies and a specific statutory requirement, then attaches a single governance condition.
Who Does This Legislation Apply To?
The Order applies only to the two 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, nor does it create a class-based exemption for similar entities.
In terms of functional scope, the exemption applies to those societies only “insofar as it relates to the committee of management directing and supervising the business and property of the society”. Therefore, the exemption is limited to the governance role described in that portion of section 61(1). Other governance requirements in the Act that are not within the scope of the exemption remain applicable.
Additionally, the Order imposes a by-law obligation on the exempted societies. Accordingly, the practical “applicability” extends beyond the societies’ internal governance bodies to their by-law drafting and amendment processes, and to any compliance review that depends on whether the by-laws contain the required president-led direction and supervision clause.
Why Is This Legislation Important?
Although the Order is brief, it is legally significant because it alters the default statutory governance architecture for the named societies. In co-operative governance, the committee of management typically serves as the central oversight and direction mechanism. By exempting the societies from that specific requirement, the Order permits an alternative internal governance arrangement—provided that the president assumes the statutory function of directing and supervising the society’s business and property.
From a compliance perspective, the condition in section 2(2) is crucial. It creates a clear legal test: the society’s by-laws must state that the business and property are under the direction and supervision of the president. This is the kind of provision that auditors, regulators, and members may rely on when assessing whether governance decisions were made under the correct authority.
For practitioners advising these societies, the Order raises several practical issues:
- By-law review and amendment: confirm that the by-laws contain the required president-direction/supervision clause, and that it is drafted clearly enough to reflect the statutory requirement.
- Governance alignment: ensure that board/committee processes, resolutions, and oversight functions are consistent with the by-law framework and do not inadvertently reintroduce the committee-of-management direction/supervision model in a way that conflicts with the exemption’s intended structure.
- Decision-making authority: when advising on internal approvals (e.g., management of business and property), counsel should map decision authority to the president-led oversight requirement to reduce governance risk.
- Regulatory defensibility: if challenged, the society can point to the exemption order and its by-law compliance as the basis for its governance structure.
More broadly, the Order illustrates how Singapore’s co-operative regulatory framework can accommodate tailored governance arrangements. It does so without abandoning oversight: it transfers the direction and supervision function from the committee of management to the president, thereby preserving a clear line of accountability.
Related Legislation
- Co-operative Societies Act (Chapter 62) — in particular:
- Section 61(1): the default requirement concerning the committee of management directing and supervising the society’s business and property (as limited by this exemption order).
- Section 97: the enabling provision empowering the Minister 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.