On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 31/07/2005.
PART VI
CHARITABLE TRUSTS
63.
—(1) Whenever it appears to the Public Trustee that a charitable trust has no trustee, he may send by registered post a letter to the person in apparent control of any property subject to the trust requesting the names and addresses of the trustees, if any, of the trust.
(2) If the Public Trustee does not within one month of sending the letter receive any answer thereto, he may publish in the Gazette and send to the person referred to in subsection (1), by registered post, a notice that at the expiration of one month from the date of that notice, unless cause is shown to the contrary, the trust shall be deemed to have no trustee.
(3) At the expiration of the time mentioned in the notice, unless cause to the contrary is previously shown by any trustee of such trust, or if the Public Trustee receives an answer to the effect that such trust has no trustee, the Public Trustee —
(a)
may declare that he undertakes to administer the property subject to such trust provisionally; and
(b)
shall publish notice thereof in the Gazette and on the publication in the Gazette of the notice all property, movable and immovable of whatever description, subject to such trust shall vest in the Public Trustee as provisional trustee thereof.
(4) The Public Trustee as such provisional trustee may apply to the court by motion for the appointment of new trustees to administer such trust and on the appointment of the new trustees all such property shall vest in them.
(5) All costs and expenses incurred by the Public Trustee in exercising the powers conferred by this section shall be paid out of the assets of the trusts concerned.
64.
—(1) No trust shall be held to be invalid by reason that some non-charitable and invalid purpose as well as some charitable purpose is or could be deemed to be included in any of the purposes to or for which an application of the trust funds or any part thereof is by such trust directed or allowed.
(2) Any such trust shall be construed and given effect to in the same manner in all respects as if no application of the trust funds or any part thereof to or for any such non-charitable and invalid purpose had been or could be deemed to have been so directed or allowed.
(3) This section shall not apply to any trust declared before or to the will of any testator dying before 14th July 1967.
[UK Charitable Trusts 1954, s. 1]
Incorporation of Trustees
65.
—(1) Trustees, not less than 3 in number, may be appointed by any body or association of persons established for any religious, educational, literary, scientific, social or charitable purpose, and such trustees may apply, in the manner provided in section 67, to the Minister for a certificate of registration of the trustees of such body or association of persons as a body corporate.
(2) If the Minister, having regard to the extent, nature and objects and other circumstances of such body or association of persons, considers such incorporation expedient, he may grant such certificate accordingly, subject to such conditions or directions generally as he thinks fit to insert in such certificate, and particularly relating to the qualifications and number of the trustees, their tenure and avoidance of office, the mode of appointing new trustees, the custody and use of the common seal, the amount of the land which such trustees may hold, and the purposes for which the land may be applied.
(3) The trustees shall upon the grant of the certificate under subsection (2) —
(a)
become a body corporate by the name described in the certificate;
(b)
have perpetual succession and a common seal;
(c)
have power to sue and be sued in such corporate name; and
(d)
subject to the conditions and directions contained in the certificate, have power to acquire, purchase, take, hold and enjoy movable and immovable property and by instruments under the common seal to sell, convey, assign, surrender and yield up, mortgage, charge, demise, reassign, transfer or otherwise dispose of movable and immovable property now or hereafter belonging to, or held for the benefit of, such body or association of persons, in such and the like manner, and subject to such restrictions and provisions, as the trustees might do, without such incorporation, for the purposes of such body or association of persons.
[UK Charitable Trustees 1872, s. 1; Malaya Trustees (Incorporation) 1952, s. 2]
66.
—(1) The certificate of incorporation shall vest in such body corporate all property, movable or immovable of whatever description, belonging to or held by any person in trust for the body or association of persons, and thereupon any person in whose name any stocks, funds or securities shall be standing in trust for the body or association of persons, shall transfer the same into the name of the body corporate.
(2) All covenants and conditions relating to any such immovable property enforceable by or against the trustees thereof before their incorporation shall be enforceable to the same extent and by the same means by or against them after their incorporation.
[UK Charitable Trustees 1872, s. 2; Malaya Trustees (Incorporation) 1952, s. 3]
67.
—(1) Every application to the Minister for a certificate under this Part shall be in writing, signed by the person or persons making the same, and shall contain the several particulars specified in the Second Schedule, or such of them as shall be applicable to the case.
[23/92]
(2) The Minister may require a statutory declaration or other evidence in verification of the statements and particulars in the application, and such other particulars, information and evidence (if any) as he may think necessary or proper.
[UK Charitable Trustees 1872, s. 3; Malaya Trustees (Incorporation) 1952, s. 4]
68.
—(1) Before a certificate of incorporation shall be granted, the trustees shall have been effectually appointed to the satisfaction of the Minister.
(2) Where a certificate of incorporation shall have been granted vacancies in the number of the trustees shall, from time to time, be filled up so far as shall be required by the constitution or settlement of the body or association of persons, or by any conditions or directions as referred to in section 65(2), by such legal means as would have been available for the appointment of new trustees of the body or association of persons if no certificate of incorporation had been granted, or otherwise as shall be required by such conditions or directions as referred to in section 65(2).
(3) The appointment of every new trustee shall be certified by, or by the direction of, the trustees to the Public Trustee upon the completion of such appointment.
(4) Within one month after the expiration of each period of 5 years after the grant of a certificate of incorporation, or whenever required by the Public Trustee, a return shall be made to the Public Trustee by the then trustees of the names of the trustees at the expiration of each such period, with their residences and descriptions.
[UK Charitable Trustees 1872, s. 4; Malaya Trustees (Incorporation) 1952, s. 5]
69.
—(1) After a certificate of incorporation has been granted under the provisions of this Part, all trustees of the body or association of persons, notwithstanding their incorporation, shall be —
(a)
chargeable for such property as shall come into their hands; and
(b)
answerable and accountable for their own acts, receipts, neglects and defaults, and for the due administration of the body or association of persons and its property, in the same manner and to the same extent as if no such incorporation had been effected.
(2) Nothing in this section shall diminish or impair any control or authority exercisable by the Attorney-General or other public officer under any written law for the time being in force over the trustees who shall be so incorporated but they shall remain subject jointly and separately to such control and authority as if they were not incorporated.
[UK Charitable Trustees 1872, s. 5; Malaya Trustees (Incorporation) 1952, s. 6]
70.
—(1) A certificate of incorporation so granted shall be conclusive evidence that all the preliminary requirements contained in this Part and required in respect of such incorporation have been complied with.
(2) The date of incorporation mentioned in such certificate shall be deemed to be the date at which incorporation has taken place.
[UK Charitable Trustees 1872, s. 6; Malaya Trustees (Incorporation) 1952, s. 7]
71.
—(1) The Public Trustee shall keep a record of all applications for and certificates of incorporation granted and all documents, accounts and returns required by the provisions of this Part to be filed with the Public Trustee.
(2) Any person may obtain a copy or extract of any such document certified by the Public Trustee on payment of the prescribed fee.
[UK Charitable Trustees 1872, s. 7; Malaya Trustees (Incorporation) 1952, s. 8]
72. All conditions and directions inserted in any certificate of incorporation shall be —
(a)
binding upon and performed or observed by the trustees as trusts of the body or association of persons; and
(b)
enforceable by the Attorney-General or other public officer or persons interested under any written law for the time being in force.
[UK Charitable Trustees 1872, s. 8; Malaya Trustees (Incorporation) 1952, s. 9]
Applications and certificates to be stamped
73. [Repealed by Act 38/2002]
74. After the incorporation of the trustees of any body or association of persons under this Part, every donation, gift and disposition of land, or any interest therein, theretofore lawfully made (but not having actually taken effect) or hereafter lawfully made by deed, will or otherwise to or in favour of such body or association of persons, or the trustees thereof, or otherwise for the purposes thereof, shall take effect as if the same had been made to, or in favour of, the incorporated body or otherwise for the like purposes.
[UK Charitable Trustees 1872, s. 10; Malaya Trustees (Incorporation) 1952, s. 11]
75.
—(1) The common seal of the body corporate shall have such device as may be approved by the Minister.
(2) Any instrument to which the common seal of the body corporate has been affixed, in apparent compliance with the conditions or directions for the use of the common seal referred to in section 65, shall be binding on such body corporate, notwithstanding any defect or circumstance affecting the execution of such instrument.
[Malaya Trustees (Incorporation) 1952, s. 12]
76. Every contract made or entered into by the trustees of a body or association of persons which would be valid and binding according to the constitution, settlement or rules and regulations of that body or association of persons if no incorporation under this Part had taken place, shall be valid and binding although the same shall not have been made or entered into under the common seal of the trustees.
[UK Charitable Trustees 1872, s. 11; Malaya Trustees (Incorporation) 1952, s. 13]
77. Any person who makes or permits to be made any transfer or payment bona fide, in reliance on any instrument to which the common seal of any body corporate created under this Part is affixed, shall be indemnified and protected in respect of such transfer or payment, notwithstanding any defect or circumstance affecting the execution of the instrument.
[UK Charitable Trustees 1872, s. 12; Malaya Trustees (Incorporation) 1952, s. 14]
78.
—(1) The trustees of any body or association of persons incorporated under this Part shall, in books to be kept by them for that purpose, regularly enter or cause to be entered full and true accounts of all moneys received and paid respectively on account of such body or association of persons.
(2) The trustees referred to in subsection (1) shall, on or before 25th March in every year, or upon such other day as may be appointed by the Public Trustee, prepare and make out the following accounts in relation to the body or association of persons referred to in subsection (1):
(a)
an account of the gross income arising from any endowment or which ought to have arisen therefrom during the year ending on 31st December immediately preceding, or upon such other day as may have been appointed for this purpose by the Public Trustee;
(b)
an account of all balances in hand at the commencement of the year and of all moneys received during the same year on account of such body or association of persons;
(c)
an account for the same period of all payments; and
(d)
an account of all moneys owing to or from such body or association of persons, so far as conveniently may be.
(3) The accounts prescribed under subsection (2) shall be certified under the hand of all the trustees referred to in subsection (1) who are in Singapore and shall be audited by the auditor of such body or association of persons (if any).
(4) The trustees referred to in subsection (1) shall, within 14 days after the day appointed for making out the accounts referred to in subsection (2), file a copy thereof with the Public Trustee and every such copy shall be open to inspection of all persons at all reasonable hours upon payment of the prescribed fee.
(5) Any person may require a copy of every such account, or of any part thereof, on paying the prescribed fee.
(6) The trustees referred to in subsection (1) shall, at the same time as the accounts prescribed under subsection (2) are filed with the Public Trustee in accordance with subsection (4) for the first time after the grant of a certificate of incorporation under this Part, file with the Public Trustee an account of any endowments then belonging to such body or association of persons, showing in the case of immovable property not in hand the manner in which the same is let or occupied and in the case of movable property the existing investment or employment thereof and in what names such investments are made.
(7) Thereafter, the trustees or trustee shall, on every occasion upon which the accounts are filed as mentioned in subsection (6) with the Public Trustee after the acquisition of any endowment not included in such accounts, or after the alienation, charge or transfer of any movable or immovable property of such body or association of persons, file with the Public Trustee a similar account of such last-mentioned endowment and an account of such alienation, charge or transfer, as the case may be.
[Malaya Trustees (Incorporation) 1952, s. 15]
79.
—(1) When any question arises as to whether any person is a member of such body corporate, any person interested in the question may apply by petition to the court for its opinion on the question.
(2) Notice of the hearing shall be given to such persons and in such manner as the court thinks fit.
(3) Any opinion given by the court on an application under this section shall be binding —
(a)
on the person in respect of whom the question arose;
(b)
upon all members of the body corporate referred to in subsection (1);
(c)
upon that person interested in the question; and
(d)
upon any persons to whom notice of the hearing has been given in accordance with any direction of the court.
[Malaya Trustees (Incorporation) 1952, s. 16]
80.
—(1) Where the administration of a charitable trust has been taken over by the Government or a statutory corporation or for any other sufficient cause it is expedient to dissolve a body corporate created under this Part, the Minister may, by order, direct the Public Trustee to strike the name of the body corporate off the register.
(2) The Public Trustee shall publish the order in the Gazette and on publication in the Gazette of the order, the body corporate shall be dissolved.
81. If any person in any return, account or other documents required by any of the provisions of this Part to be filed with the Public Trustee, wilfully makes a statement which is false in any material particular, knowing it to be false, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 2 years or to both.
82. If any trustee fails to comply or to take all reasonable steps to secure compliance with any of the provisions of this Part which requires the lodging or filing with the Public Trustee of any return, account or other documents or the giving of notice to him of any matter, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day during which the offence continues after conviction.