Legal Updates

MAS Proceeding to Refine Tier Structure Requirements and Impose New Remuneration Restrictions for Financial Advisers

On 26 July 2024, the Monetary Authority of Singapore announced that it will implement: (i) refinements to the tier structure requirements together with certain exclusions from the same; and (ii) remuneration prohibitions relating to volume-based incentives, for financial advisory firms.

MAS Proceeding to Refine Tier Structure Requirements and Impose New Remuneration Restrictions for Financial Advisers Read More »

MAS Proposes to Impose on All REITs Minimum Interest Coverage Ratio Threshold and Aggregate Leverage Limit of 50%

The Monetary Authority of Singapore issued a consultation paper seeking comments on its proposals to: (i) simplify the leverage requirements for real estate investment trusts (“REITs”); and (ii) require REITs to perform and disclose sensitivity analyses on the impact of changes in EBITDA and interest rates on their interest coverage ratio (ICR) in their interim financial results and annual reports

MAS Proposes to Impose on All REITs Minimum Interest Coverage Ratio Threshold and Aggregate Leverage Limit of 50% Read More »

A Free Lunch? Singapore High Court Considers Whether Agent is Entitled to Commission Despite Not Being Effective Cause of Transaction

When a principal engages an agent to bring about a transaction, many would reasonably assume that to claim their commission, the agent should have been the effective cause of, or minimally have done some work on, the transaction

A Free Lunch? Singapore High Court Considers Whether Agent is Entitled to Commission Despite Not Being Effective Cause of Transaction Read More »

MAS Consults on Proposed Changes to MAS Notices and Guidelines to Implement Enhanced Transaction Safeguards for Vulnerable Retail Clients

On 31 July 2024, the Monetary Authority of Singapore (“MAS”) published the “Consultation Paper on Proposed Legislative Amendments to the Requirements for Enhancing Pre and Post-Transaction Safeguards for Retail Clients” (“Consultation Paper”).

MAS Consults on Proposed Changes to MAS Notices and Guidelines to Implement Enhanced Transaction Safeguards for Vulnerable Retail Clients Read More »

Reversal of Nickel Trades Arising from Market Suspension – Court Considers Trader’s Entitlement to Damages

In Foreland Singapore Pte. Ltd. & Anor v IG Asia Pte. Ltd. [2024] SGHC 179, the Court considered a claim for notional profits earned by the two plaintiffs (collectively, “Foreland”) on certain closing nickel contract-for-differences (CFD) trades (“FCTs”) done on 8 March 2022 following an extraordinary surge in nickel prices, which the defendant (“IGA”) had automatically put through to its central risk management entity (“IGM”) in London.

Reversal of Nickel Trades Arising from Market Suspension – Court Considers Trader’s Entitlement to Damages Read More »

Claim Against Beneficiary in Letter of Credit – Court Determines Sham Transactions and Standing of Bank Branches

In Banque de Commerce et de Placements SA, DIFC Branch & Anor v China Aviation Oil (Singapore) Corporation Ltd [2024] SGHC 145, the Singapore High Court considered a claim based on a letter of credit (“LC”), in which a branch of the bank issuing the LC sought to claim against the beneficiary of the LC for moneys paid out under the LC, alleging that the underlying transaction was a sham transaction.

Claim Against Beneficiary in Letter of Credit – Court Determines Sham Transactions and Standing of Bank Branches Read More »

Singapore Launches Project Moonshot Generative AI Testing Toolkit to Address Security and Safety Challenges

On 31 May 2024, at the Asia Tech x Singapore (ATxSG) 2024, Singapore’s Minister for Communications and Information, Mrs Josephine Teo, launched the AI Verify Project Moonshot (“Project Moonshot”), an easy-to-use testing toolkit designed to address security and safety challenges often associated with the use of large language models (“LLMs”). It is one of the world’s first open-sourced tools to bring together red-teaming, benchmarking, and baseline testing in one platform.

Singapore Launches Project Moonshot Generative AI Testing Toolkit to Address Security and Safety Challenges Read More »

Upcoming Legislative Changes to Effect Basel Convention Amendments on Transboundary Movement Control of Electronic Waste

From 1 January 2025, companies that import or export waste electrical and electronic equipment (“WEEE”) and its components (“e-waste”), or whose e-waste transits through Singapore, will be required to (i) carry out the Prior Informed Consent (“PIC”) procedure specified under the Basel Convention, and (ii) obtain a Basel Permit from the National Environment Agency’s (“NEA”) Chemical Control and Management Department (“CMCD”), which serves as the competent authority (“CA”) for Singapore under the Basel Convention.

Upcoming Legislative Changes to Effect Basel Convention Amendments on Transboundary Movement Control of Electronic Waste Read More »

MAS & BIS Innovation Hub Create Blueprint Climate Risk Platform to Manage Climate Risks

On 12 June 2024, the Monetary Authority of Singapore (“MAS”) and the Bank for International Settlements (“BIS”) announced that through Project Viridis, they have developed a blueprint for a climate risk platform that financial authorities can use to draw nascent insights on climate-related financial risks faced by financial institutions as well as potential systemic stability.

MAS & BIS Innovation Hub Create Blueprint Climate Risk Platform to Manage Climate Risks Read More »

New Legislative Framework for Psychoactive Substances Not Scheduled as Controlled Drugs

The Misuse of Drugs Act 1973 (“MDA”) and the Constitution of the Republic of Singapore (“Constitution”) were amended by the Misuse of Drugs (Amendment) Act 2023 (“MDA Amendment Act”) and the Constitution of the Republic of Singapore (Amendment) Act 2021 (“Constitution Amendment Act”), respectively (see the Misuse of Drugs (Amendment) Bill and the Constitution of the Republic of Singapore (Amendment) Bill).

New Legislative Framework for Psychoactive Substances Not Scheduled as Controlled Drugs Read More »

Follow-up on Court’s Decision to Set Aside a Service Order in Case Spanning Singapore-PRC

In Kiri Industries Limited v Senda International Capital Limited & Anor [2024] SGHC(I) 15, the Singapore International Commercial Court (“SICC”) upheld the principle that when a Chinese national resident in the People’s Republic of China (“PRC”) is to be examined under an examination of judgment debtor order (“EJD Order”), the relevant treaty procedure should be followed, rather than by allowing the EJD Order to be served on him out of jurisdiction in the PRC.

Follow-up on Court’s Decision to Set Aside a Service Order in Case Spanning Singapore-PRC Read More »

Study Jointly Issued by ACRA and NUS Finds Larger Listed Companies on Track for Mandatory Climate Reporting in FY 2025

Mandatory climate reporting requirements are set to commence in a phased approach from financial year (“FY”) 2025, as announced by Second Minister for Finance, Mr Chee Hong Tat, at the Ministry of Finance Committee of Supply speech in February 2024.

Study Jointly Issued by ACRA and NUS Finds Larger Listed Companies on Track for Mandatory Climate Reporting in FY 2025 Read More »

MinLaw Consults on Framework for Remote Witnessing and Electronic Signing of Statutory Declarations

On 2 August 2023, Parliament passed the Oaths, Declarations and Notarisations (Remote Methods) Act 2023 to, among other things, provide individuals, businesses, and service providers who are executing statutory declarations, with the option of remote witnessing (in place of an in-person meeting) and electronic signing (in place of wet-ink signing) as long as both the declarant and service provider are physically present in Singapore.

MinLaw Consults on Framework for Remote Witnessing and Electronic Signing of Statutory Declarations Read More »

Updates on Implementation of Revised Free Trade Zones Regime Relating to Submission of Bill of Lading Data for Sea Cargo

On 1 March 2024, the revised Free Trade Zones (“FTZ”) regime took effect. Singapore Customs has now issued Circular No: 03/2024 which provides updates and more information on the submission requirements of the Bill of Lading (“BL”) data for both containerised and non-containerised sea cargo, and clarifications to frequently asked questions pertaining to the submission of BL data.

Updates on Implementation of Revised Free Trade Zones Regime Relating to Submission of Bill of Lading Data for Sea Cargo Read More »

On the Cutting Edge of AI Governance – Singapore Launches Model AI Governance Framework for Generative AI, Develops Digital Forum of Small States AI Governance Playbook

On the Cutting Edge of AI Governance – Singapore Launches Model AI Governance Framework for Generative AI, Develops Digital Forum of Small States AI Governance Playbook

On the Cutting Edge of AI Governance – Singapore Launches Model AI Governance Framework for Generative AI, Develops Digital Forum of Small States AI Governance Playbook Read More »

What Law Applies to the Lifting of the Corporate Veil – Law of Contract or Law of Incorporation?

In Nicholas Eng Teng Cheng v Government of the City of Buenos Aires [2024] SGCA 15, the Singapore Court of Appeal considered the proper law to determine whether to lift the corporate veil of a Singapore-incorporated company that entered into a contract governed by foreign law – is it the law of incorporation or the governing law of the contract?

What Law Applies to the Lifting of the Corporate Veil – Law of Contract or Law of Incorporation? Read More »

New WSH Measures from 1 June 2024: Increase in Maximum Fines, Mandatory Video Surveillance Systems for Relevant Construction Projects

The Competition and Consumer Commission of Singapore is seeking public feedback on its proposed recommendation to renew the Competition (Block Exemption for Liner Shipping Agreements) Order for five years from 1 January 2025 to 31 December 2029.

New WSH Measures from 1 June 2024: Increase in Maximum Fines, Mandatory Video Surveillance Systems for Relevant Construction Projects Read More »

Financial Services and Markets Act 2022 Provisions on Technology and Risk Management, Control and Resolution of Financial Institutions Commenced on 10 May 2024

On 10 May 2024, the provisions in the Financial Services and Markets Act 2022 (“FSMA”) which empower the Monetary Authority of Singapore (“MAS”) to impose harmonised technology and risk management (“TRM”) requirements on all financial institutions (“FIs”) took effect.

Financial Services and Markets Act 2022 Provisions on Technology and Risk Management, Control and Resolution of Financial Institutions Commenced on 10 May 2024 Read More »

Changes to the OTC Derivatives Reporting Regime Commencing on 21 October 2024

In Singapore, specified financial institutions which are licensed in Singapore and significant derivatives holders are subject to reporting obligations relating to over-the-counter derivatives contracts provided in Part 6A of the Securities and Futures Act 2001 (“OTC Derivatives Reporting Regime”), unless they are exempted. Details of the reporting obligations are set out in the Securities and Futures (Reporting of Derivatives Contracts) Regulations 2013 (“SF(RDC)R”).

Changes to the OTC Derivatives Reporting Regime Commencing on 21 October 2024 Read More »

MTI and EMA Consult on Proposal to Update Regulatory Regime for Energy Markets and Infrastructure to Move Towards Decarbonisation of Power Sector

On 8 May 2024, the Ministry of Trade and Industry (“MTI”) and Energy Market Authority (“EMA”) announced that they are seeking public feedback on the proposed legislative amendments to the Energy Market Authority of Singapore Act 2001, Electricity Act 2001 (“Electricity Act”), and Gas Act 2001 (“Gas Act”).

MTI and EMA Consult on Proposal to Update Regulatory Regime for Energy Markets and Infrastructure to Move Towards Decarbonisation of Power Sector Read More »

Defective Solar Panels: Singapore High Court Provides Guidance on How Unpleaded Claims and Abandoned Claims May Affect Pleadings

In DGE v DGF [2024] SGHC 107, the claimant DGE advanced eight grounds for setting aside an arbitral award in the defendant DGF’s favour, that the photovoltaic modules (solar panels) supplied by DGE were inherently defective. The High Court dismissed each of these grounds in declining to set aside the award.

Defective Solar Panels: Singapore High Court Provides Guidance on How Unpleaded Claims and Abandoned Claims May Affect Pleadings Read More »

Enterprise Risk Management Toolkit for Charities and Institutions of a Public Character (IPCs) 2024 and The 2024 Risk Management Survey Report for Charities Launched

Charities and Institutions of a Public Character (IPCs) (collectively, “Charities“) must adapt to changing environments and manage risks amid global

Enterprise Risk Management Toolkit for Charities and Institutions of a Public Character (IPCs) 2024 and The 2024 Risk Management Survey Report for Charities Launched Read More »

New Regulated Activities under Payment Services Act and New User Protection Requirements for Digital Payment Token Service Providers from 4 April 2024

On 4 April 2024, the Payment Services (Amendment) Act 2021 came into effect, revising the Payment Services Act 2019 in these main areas: (i) broadening the definition of “digital payment token” (“DPT”) services; (ii) widening the definition of “cross-border money transfer” services; and (iii) empowering the Monetary Authority of Singapore to impose additional measures to regulate DPT service providers to enhance consumer protection and maintain financial stability.

New Regulated Activities under Payment Services Act and New User Protection Requirements for Digital Payment Token Service Providers from 4 April 2024 Read More »

MAS Launches COSMIC Platform for FIs to Share Information on Customers Exhibiting Red Flags to Combat ML/TF

On 1 April 2024, the Monetary Authority of Singapore launched COSMIC (Collaborative Sharing of Money Laundering / Terrorism Financing Information & Cases), the first centralised digital platform to facilitate the sharing of customer information among prescribed financial institutions to combat money laundering, terrorism financing, and proliferation financing globally.

MAS Launches COSMIC Platform for FIs to Share Information on Customers Exhibiting Red Flags to Combat ML/TF Read More »

Large SGX-Listed Issuers to Take Lead to Reduce AGM Crunch, “Guide on Best Practices for Shareholder Meetings of Listed Companies” Updated

Many Singapore Exchange Securities Trading Limited (“SGX-ST”) listed issuers have their financial year-end in December, and the peak period in which issuers schedule their annual general meeting (“AGMs”) typically is the second half of April (two weeks preceding the deadline in April for holding of AGMs).

Large SGX-Listed Issuers to Take Lead to Reduce AGM Crunch, “Guide on Best Practices for Shareholder Meetings of Listed Companies” Updated Read More »

Judicial Assistance between Singapore and China – Singapore Court Highlights Importance of Observing Prescribed Treaty Procedure

In an age where commercial disputes frequently span multiple jurisdictions, litigants may find themselves seeking to obtain the participation of parties located abroad, or to obtain evidence from parties in foreign jurisdictions..

Judicial Assistance between Singapore and China – Singapore Court Highlights Importance of Observing Prescribed Treaty Procedure Read More »

Analysing Interim Injunctions in the context of Restraint of Trade Clauses

When a former employee leaves his erstwhile employer to join a rival company, should the erstwhile employer be allowed to maintain the interim injunctions it obtained against the former employee, on the basis of a non-compete clause and a confidentiality clause (in the employment contract between the former employee and the erstwhile employer)?

Analysing Interim Injunctions in the context of Restraint of Trade Clauses Read More »

Large SGX-Listed Issuers to Take Lead to Reduce AGM Crunch, “Guide on Best Practices for Shareholder Meetings of Listed Companies” Updated

Many Singapore Exchange Securities Trading Limited (“SGX-ST”) listed issuers have their financial year-end in December, and the peak period in which issuers schedule their annual general meeting (“AGMs”) typically is the second half of April (two weeks preceding the deadline in April for holding of AGMs).

Large SGX-Listed Issuers to Take Lead to Reduce AGM Crunch, “Guide on Best Practices for Shareholder Meetings of Listed Companies” Updated Read More »

AML/CFT Industry Partnership Publishes Industry Perspectives on Best Practices – Leveraging on Data Analytics and Machine Learning Methods for AML/CFT

The AML/CFT Industry Partnership, led by the Association of Banks in Singapore (“ABS”), has published the Industry Perspectives on Best Practices – Leveraging on Data Analytics and Machine Learning Methods for AML/CFT (“Paper”).

AML/CFT Industry Partnership Publishes Industry Perspectives on Best Practices – Leveraging on Data Analytics and Machine Learning Methods for AML/CFT Read More »

Court of Appeal Determines Complex Questions on Ratification of Contracts

In Alternative Advisors Investment Pte Ltd v Asidokona Mining Resources Pte Ltd & Anor [2024] SGCA 3, the Singapore Court of Appeal (comprising Sundaresh Menon CJ, Steven Chong JCA and Belinda Ang JCA) considered an “unusual” and “unique” case with “several layers of complexity” in relation to the doctrine of ratification.

Court of Appeal Determines Complex Questions on Ratification of Contracts Read More »

SGX RegCo Seeks Feedback on Revising Limits on Clearing Members’ Liability for Multiple Defaults

On 22 March 2024, the Singapore Exchange Regulation Pte. Ltd. (“SGX RegCo”) issued a Consultation Paper on its proposals to revise existing limits on the liability of clearing members to meet default losses, particularly where losses arise from multiple events of default (“multiple defaults”).

SGX RegCo Seeks Feedback on Revising Limits on Clearing Members’ Liability for Multiple Defaults Read More »

MAS Issues Response to its Proposed Changes to Enhance Regulation of Insurers and Insurance Intermediaries

On 20 March 2024, the Monetary Authority of Singapore (“MAS”) issued Circular No. ID 05/24 on its Response to feedback (“Response”) received on the Consultation Paper on Amendments to the Insurance Act 1966 (“IA”) and the Insurance (Intermediaries) Regulations (“IIR”) (“Consultation Paper”).

MAS Issues Response to its Proposed Changes to Enhance Regulation of Insurers and Insurance Intermediaries Read More »

Consultation on Amendments to Enhance Beneficial Ownership Transparency and the Regulatory Regime for Corporate Service Providers

On 12 March 2024, the Ministry of Finance and the Accounting and Corporate Regulatory Authority jointly issued a consultation on: (i) the draft Companies and Limited Liability Partnerships (Miscellaneous Amendments) Bill; and (ii) the new draft Corporate Service Providers Bill

Consultation on Amendments to Enhance Beneficial Ownership Transparency and the Regulatory Regime for Corporate Service Providers Read More »

MSE and SFA Consult on Draft Provisions in Food Safety and Security Bill Concerning (i) Defined Food and Pre-market Approval; and (ii) Provision of Non-packaged Drinking Water

The Ministry of Sustainability and the Environment (“MSE”) and the Singapore Food Agency (“SFA”) will be introducing the Food Safety and Security Bill (“Bill”) which aims to enhance Singapore’s food safety and security regime and safeguard food supply resilience.

MSE and SFA Consult on Draft Provisions in Food Safety and Security Bill Concerning (i) Defined Food and Pre-market Approval; and (ii) Provision of Non-packaged Drinking Water Read More »

Mandatory Climate Reporting for Listed Issuers from FY 2025, and Large Non-Listed Companies to Follow from FY 2027

On 28 February 2024, the Accounting and Corporate Regulatory Authority and Singapore Exchange Regulation (“SGX RegCo”) announced details of mandatory climate-related disclosure for: (1) issuers listed on the SGX-ST (“listed issuers”) from financial year (“FY”) 2025; and (2) large non-listed companies limited by shares with annual revenue of at least S$1 billion and total assets of at least S$500 million (“Large NLCos”) (unless exempted) from FY 2027, as part of a finalised climate reporting and assurance implementation roadmap set out in the Response paper.

Mandatory Climate Reporting for Listed Issuers from FY 2025, and Large Non-Listed Companies to Follow from FY 2027 Read More »

SGX RegCo Seeks Feedback on Listing Rule Changes to Enhance Restructuring and Trading Resumption Processes for SGX ListCos

The Singapore Exchange Regulation is seeking comments on its proposed changes to the SGX Listing Rules (Mainboard) and SGX Listing Rules (Catalist) to clarify the obligations of issuers listed on SGX-ST undergoing the corporate restructuring process under Insolvency, Restructuring and Dissolution Act 2018 of Singapore, and to streamline the application process for trading resumption by suspended issuers.

SGX RegCo Seeks Feedback on Listing Rule Changes to Enhance Restructuring and Trading Resumption Processes for SGX ListCos Read More »

ACRA Consults on Draft Bill to Enhance Data Privacy, Facilitate Digital Communications with ACRA, Streamline Foreign Companies’ Financial Reporting Requirements

On 5 March 2024, the Ministry of Finance and the Accounting and Corporate Regulatory Authority jointly issued a Consultation Paper on “Proposed Legislative Amendments Relating to Digital Communications and Regulatory Enhancements” to seek comments on the draft ACRA (Registry and Regulatory Enhancements) Bill (“Bill”).

ACRA Consults on Draft Bill to Enhance Data Privacy, Facilitate Digital Communications with ACRA, Streamline Foreign Companies’ Financial Reporting Requirements Read More »

Conflict in Business Relationships – Determining Oppressive Acts and Breach of Director’s Duties

In Farzin Ratan Karma v Helen Campos & 2 Ors [2024] SGHC 41, which centred on issues of conflict in business relationships, the Singapore High Court had to determine a claim for commercially unfair and oppressive acts, as well as a counterclaim for breach of fiduciary duties owed as director

Conflict in Business Relationships – Determining Oppressive Acts and Breach of Director’s Duties Read More »

Announcements Made at Budget 2024 Regarding Residential Properties

On 16 February 2024, Deputy Prime Minister and Minister for Finance, Mr. Lawrence Wong, delivered the Budget speech in Parliament for the approval of the financial policy of the Government for the financial year 1 April 2024 to 31 March 2025. Several policies were introduced, including changes to the Additional Buyer’s Stamp Duty (“ABSD”) regime, and adjustments to the property tax (“PT”) rates.

Announcements Made at Budget 2024 Regarding Residential Properties Read More »

Digital Payment Token Service Providers to Comply with Enhanced Technology Risk Management Requirements with Effect from 6 November 2024

On 6 February 2024, the Monetary Authority of Singapore issued the revised MAS Notice PSN05 Notice on Technology Risk Management to extend its application to include all holders of a payment services licence under the Payment Services Act 2019 that carry on a business of providing digital payment token services.

Digital Payment Token Service Providers to Comply with Enhanced Technology Risk Management Requirements with Effect from 6 November 2024 Read More »

MAS Seeks Feedback on Streamlining Requirements and Facilitating Access to Selected Simple Insurance Products

From 2 February 2024 to 15 March 2024, the Monetary Authority of Singapore is seeking comments on its proposals to reduce the information financial institutions need to collect when making recommendation of selected life or long-term (LT) accident and health insurance policies based on the Basic Financial Planning Guide,, subject to safeguards.

MAS Seeks Feedback on Streamlining Requirements and Facilitating Access to Selected Simple Insurance Products Read More »

Bill Passed to Amend Criminal Procedure Code by Introducing Sentence for Enhanced Public Protection, Modifying Criminal Case Disclosure Regime

On 5 February 2024, the Criminal Procedure (Miscellaneous Amendments) Bill (“Bill”) was passed in Parliament to introduce several significant amendments to the Criminal Procedure Code (“CPC”).

Bill Passed to Amend Criminal Procedure Code by Introducing Sentence for Enhanced Public Protection, Modifying Criminal Case Disclosure Regime Read More »

Tackling New Challenges in Cybersecurity – CSA Issues Public Consultation on Draft Cybersecurity (Amendment) Bill

The cybersecurity landscape is constantly shifting, with new threat factors emerging at an ever-accelerating rate. To keep Singapore’s legislative framework up to date, the Cybersecurity Agency of Singapore has introduced the draft Cybersecurity (Amendment) Bill.

Tackling New Challenges in Cybersecurity – CSA Issues Public Consultation on Draft Cybersecurity (Amendment) Bill Read More »

Financial Sector to Expect Generative AI Risk Framework

Artificial intelligence has been widely employed to enhance productivity, services and products, and customer experiences by financial institutions (“FIs”), and FIs are no doubt familiar with the Monetary Authority of Singapore’s Fairness, Ethics, Accountability and Transparency (FEAT) Principles concerning the responsible use of Artificial Intelligence and Data Analytics (AIDA).

Financial Sector to Expect Generative AI Risk Framework Read More »

Tripartite Framework for Prevention of Abuse and Harassment in Healthcare to be Adopted by Public Healthcare Clusters

On 13 December 2023, the Ministry of Health (“MOH”) announced that the Tripartite Workgroup for the Prevention of Abuse and Harassment of Healthcare Workers (“Workgroup”) has launched the Tripartite Framework for the Prevention of Abuse and Harassment in Healthcare (“Framework”).

Tripartite Framework for Prevention of Abuse and Harassment in Healthcare to be Adopted by Public Healthcare Clusters Read More »

Defining Green and Transition Activities with the Singapore-Asia Taxonomy and Accelerating Coal Phaseout with Transition Credits at COP28

At the COP28 Singapore Pavilion Finance Day on 3 December 2023, Monetary Authority of Singapore launched the first version of the Singapore-Asia Taxonomy for Sustainable Finance and a Transition Credits Coalition (TRACTION), among other transition financing initiatives.

Defining Green and Transition Activities with the Singapore-Asia Taxonomy and Accelerating Coal Phaseout with Transition Credits at COP28 Read More »

Countering Foreign Interference via Local Proxies – Provisions in the Foreign Interference (Countermeasures) Act Come into Force

The Foreign Interference (Countermeasures) Act (“FICA”) was passed in Parliament in October 2021 to enhance the Government’s ability to prevent foreign interference in domestic politics conducted through: (i) hostile information campaigns (“HICs”); and (ii) the use of local proxies.

Countering Foreign Interference via Local Proxies – Provisions in the Foreign Interference (Countermeasures) Act Come into Force Read More »

Confidentiality in Arbitration-related Court Proceedings – Positions in Singapore, Malaysia and China

Most jurisdictions worldwide uphold the concept of open justice, with court proceedings generally being conducted in public by default. Conversely, arbitral proceedings and associated documents are generally subject to the principle of confidentiality, with parties to the arbitration prohibited from disclosing details of the arbitration to third parties.

Confidentiality in Arbitration-related Court Proceedings – Positions in Singapore, Malaysia and China Read More »

Electric Vehicles Charging Act Comes into Force to Regulate Safe Charging of Electric Vehicles, Expand Charging Infrastructure

The Electric Vehicles Charging Bill 2022 was passed in Parliament on 30 November 2022 to regulate the safe charging of electric vehicles (“EVs”), ensure the provision of reliable EV charging services by requiring EV charging operators (“EVCOs”) to be licensed, and to expand the network of accessible charging infrastructure in Singapore.

Electric Vehicles Charging Act Comes into Force to Regulate Safe Charging of Electric Vehicles, Expand Charging Infrastructure Read More »

MAS Consults on Scope of Risk Information to be Shared on COSMIC

Under the new online platform, Collaborative Sharing of Money Laundering/Terrorism Financing (ML/TF) Information & Cases (“COSMIC”), prescribed financial institutions (i.e. banks in Singapore or financial institutions (other than a bank) that are prescribed under subsidiary legislation) (“prescribed FIs”) can securely share with one another information on a “relevant party” who exhibits multiple “red flags” that may indicate potential financial crime concerns, if stipulated thresholds are met.

MAS Consults on Scope of Risk Information to be Shared on COSMIC Read More »

Three Documents and an Oral Agreement: Singapore Court of Appeal Determines if a Specific Term is Part of an Agreement

Disagreements as to the existence of contractual terms frequently occur between contracting parties. In Lim Siau Hing @ Lim Kim Hoe and another v Compass Consulting Pte Ltd and another appeal [2023] SGCA 39, the Court of Appeal was required to determine two related appeals concerning whether a specific term formed part of the agreement between the parties.

Three Documents and an Oral Agreement: Singapore Court of Appeal Determines if a Specific Term is Part of an Agreement Read More »

NEA Seeks Feedback on Administrative Amendments to the Energy Conservation Act to Expand Energy Efficiency Opportunities Assessment Requirements and Responsibilities of Energy Managers

On 3 April 2024, the Ministry of Transport (“MOT“) introduced the Transport Sector (Critical Firms) Bill (“Bill“) in Parliament. The

NEA Seeks Feedback on Administrative Amendments to the Energy Conservation Act to Expand Energy Efficiency Opportunities Assessment Requirements and Responsibilities of Energy Managers Read More »

Jurisdiction Model Clause Introduced by Singapore Chambers of Maritime Arbitration which Provides for the Singapore International Commercial Court to Hear Maritime and International Trade Arbitration Matters

On 3 April 2024, the Ministry of Transport (“MOT“) introduced the Transport Sector (Critical Firms) Bill (“Bill“) in Parliament. The

Jurisdiction Model Clause Introduced by Singapore Chambers of Maritime Arbitration which Provides for the Singapore International Commercial Court to Hear Maritime and International Trade Arbitration Matters Read More »

Key Initiatives at FinTech Festival 2023: (1) Digital Platform for Seamless ESG Data Collection and Access; (2) Pilot Use of “Live” Wholesale Central Bank Digital Currency (CBDC) as Common Settlement Asset in Domestic Payment

At the Singapore FinTech Festival, Mr Ravi Menon, Managing Director of the Monetary Authority of Singapore (“MAS“), shared the key

Key Initiatives at FinTech Festival 2023: (1) Digital Platform for Seamless ESG Data Collection and Access; (2) Pilot Use of “Live” Wholesale Central Bank Digital Currency (CBDC) as Common Settlement Asset in Domestic Payment Read More »

Dealing with Digitally-Enabled Scams – MAS and IMDA Launch Consultations on Duties and Liability of Financial Institutions and Telcos

As digital payments and transactions continue their rapid growth, so too has the risk posed by digitally-enabled scams. The Singapore regulators have sought to implement greater certainty in this regard by introducing relevant frameworks and guidelines. The Monetary Authority of Singapore and the Infocomm Media Development Authority are now looking to establish specific measures to address the responsibilities, duties and liability of the relevant parties – in particular, financial institutions and telecommunication operators.

Dealing with Digitally-Enabled Scams – MAS and IMDA Launch Consultations on Duties and Liability of Financial Institutions and Telcos Read More »

Singapore and US Regulators Release Initial Findings from First Phase of Feasibility Study on Regional Energy Connectivity

On 24 October 2023, the initial findings from the first phase of the joint Feasibility Study on Regional Energy Connectivity (“Study”) were announced in a Joint Ministerial Statement by the Ministry of Trade and Industry (“MTI”), Energy Market Authority of Singapore (“EMA”), and the United States (“US”) Department of Energy (“DOE”).

Singapore and US Regulators Release Initial Findings from First Phase of Feasibility Study on Regional Energy Connectivity Read More »

Exploring the Limits of Contractual Discretion – Court Considers Discretion to Withdraw Banking Facilities in Winding Up Application

In commercial contracts, it is not uncommon to find provisions allowing for contractual discretion on the part of one or more parties. While such provisions give a certain amount of decision-making power to the party that has been conferred the discretion, they are not without limit.

Exploring the Limits of Contractual Discretion – Court Considers Discretion to Withdraw Banking Facilities in Winding Up Application Read More »

MAS to Increase Maximum Deposit Insurance Coverage to S$100,000 per Depositor per Deposit Insurance Scheme Member from 1 April 2024

On 22 September 2023, the Monetary Authority of Singapore (“MAS”) issued the first part of its Response to feedback received on the “Consultation Paper on Proposed Enhancements to the Deposit Insurance Scheme in Singapore”.

MAS to Increase Maximum Deposit Insurance Coverage to S$100,000 per Depositor per Deposit Insurance Scheme Member from 1 April 2024 Read More »

MAS and McKinsey Consider High-Integrity Carbon Credits as Complementary Financing Instrument to Facilitate Early Retirement of Asia’s Coal-Fired Power Plants

On 26 September 2023, the Monetary Authority of Singapore (“MAS”) and McKinsey & Company (“McKinsey”) jointly released a working paper titled “Accelerating the early retirement of coal-fired power plants through carbon credits” (“Working Paper”).

MAS and McKinsey Consider High-Integrity Carbon Credits as Complementary Financing Instrument to Facilitate Early Retirement of Asia’s Coal-Fired Power Plants Read More »

Approved Exchanges and Recognised Market Operators Providing Limited Post-Trade Services Exempted from Being Regulated as Clearing House

The Securities and Futures (Clearing Facilities of Approved Exchanges or Recognised Market Operators) (Exemption) Regulations 2023 which came into effect on 7 September 2023, introduces an exemption from being regulated as a clearing facility under the Securities and Futures Act 2001 (“SFA”) for approved exchanges (“AEs”) and recognised market operators (“RMOs”) which provide certain clearing and settlement services in the form of limited post-trade services after the execution of a trade on its platform.

Approved Exchanges and Recognised Market Operators Providing Limited Post-Trade Services Exempted from Being Regulated as Clearing House Read More »

Revised MAS Notice 637 on Risk-Based Capital Adequacy Requirements for Singapore-Incorporated Banks to Implement Final Basel III Reforms (Effective 1 July 2024)

Previously, the Monetary Authority of Singapore (“MAS”) issued Circular PPD 08/2023 detailing the finalised implementation timeline for the final Basel III reforms for banks incorporated in Singapore (“Reporting Banks”).

Revised MAS Notice 637 on Risk-Based Capital Adequacy Requirements for Singapore-Incorporated Banks to Implement Final Basel III Reforms (Effective 1 July 2024) Read More »

Singapore Court Grants Sanction of Scheme of Arrangement Between a Crypto Company and its Users, the First Ever in the Crypto Space to Take Effect in Singapore

Section 210 of the Companies Act 1967 provides a flexible tool for companies seeking to restructure their debts in Singapore by way of a scheme of arrangement.

Singapore Court Grants Sanction of Scheme of Arrangement Between a Crypto Company and its Users, the First Ever in the Crypto Space to Take Effect in Singapore Read More »

MAS Issues Industry Perspectives on Best Practices – Management of Money Laundering, Terrorism Financing and Sanctions Risks from Customer Relationships with a Nexus to Digital Assets

On 11 July 2023, the Monetary Authority of Singapore (“MAS“) published a paper titled “Industry Perspectives on Best Practices –

MAS Issues Industry Perspectives on Best Practices – Management of Money Laundering, Terrorism Financing and Sanctions Risks from Customer Relationships with a Nexus to Digital Assets Read More »

S13O 和 S13U家族办公室申请标准更新

2023年7月5日,新加坡金融管理局宣布修改单一家族办公室基金实体根据《1947年所得税法》第13O和13U条申请免税的资格标准。这些变化旨在鼓励有意义的资本部署,促进新加坡资产和财富管理行业的发展和完善。本资讯为您整理总结了相关申请资格的主要变化。详细内容,请点击查看全文。 For more information, click here to read the full Legal Update.

S13O 和 S13U家族办公室申请标准更新 Read More »

立杰亚洲 科技、媒体和电信区域法律资讯

本更新是对近几个月东南亚地区在数据保护、内容监管、金融监管、电信和电子商务等主题方面的最新发展概览。这些主题对于在科技领域经营的企业来说是相关及重要的,因为它们影响到企业如何收集、使用、存储和转移个人数据;如何创建、发布和调节在线内容;如何提供或促进金融服务和交易;如何访问和利用电信网络和基础设施;以及如何进行在线商务和贸易。简洁起见,我们将采取一个宏观的视角,将重点放在最新变化上,如果您想进一步讨论这些发展或任何其他与东南亚科技法律有关的事项,请随时与我们联系。 如果您想进一步了解,请点击阅读更多。

立杰亚洲 科技、媒体和电信区域法律资讯 Read More »

MAS Issues Consultation Paper on Proposed Enhancements to the Deposit Insurance Scheme in Singapore

On 27 June 2023, the Monetary Authority of Singapore (“MAS”) issued a public consultation on the proposed change11s to increase deposit insurance (“DI”) from S$75,000 to S$100,000 per depositor per DI scheme member from 1 April 2024, and improve the clarity and operational efficiency of the DI scheme. The consultation closes on 31 July 2023.

MAS Issues Consultation Paper on Proposed Enhancements to the Deposit Insurance Scheme in Singapore Read More »

MAS Announces Various Initiatives to Support Sustainable and Credible Transition Financing Solutions for Financial Institutions and Industry

In June 2023, the Monetary Authority of Singapore (“MAS”) announced several initiatives to support sustainable and credible transition financing solutions. We highlight some of those key initiatives below.

MAS Announces Various Initiatives to Support Sustainable and Credible Transition Financing Solutions for Financial Institutions and Industry Read More »

中国-新加坡跨境破产合作项目

作为中资企业热点投资地区之一的新加坡于 2017 年批准了《联合国国际贸易法委员会跨境破产示范法》(”示范法“)。该示范法代表了在破产程序中跨境承认和援助方面的一个重大进步,也为更有效的重组或跨地域的资产变现铺平了道路。 本文是对《示范法》以及有关外国破产程序的简要介绍。 如果您想进一步了解,请点击阅读更多。

中国-新加坡跨境破产合作项目 Read More »

Conducting Virtual or Hybrid Meetings for Companies, VCCs and BTs: Tabling of Bill, Amendment of Practice Notes

To allow various business entities to convene, hold, or conduct their general meetings despite various movement control orders during the COVID-19 pandemic, the COVID-19 (Temporary Measures) (Alternative Arrangements for Meetings for Companies, Variable Capital Companies, Business Trusts, Unit Trusts and Debenture Holders) Order 2020 (“Order”) came into effect on 27 March 2020 and was extended multiple times.

Conducting Virtual or Hybrid Meetings for Companies, VCCs and BTs: Tabling of Bill, Amendment of Practice Notes Read More »

Climate Impact X to Launch Nature-based Standardised Contract on its Carbon Credit Spot Trading Platform

On 27 March 2023, Climate Impact X (“CIX”), a global marketplace, auctions house and exchange for trusted carbon credits based in Singapore, announced that it is set to launch a nature-based standardised contract called CIX Nature X (“Nature X”). CIX was jointly established by DBS Bank, Singapore Exchange (SGX Group), Standard Chartered and Temasek.

Climate Impact X to Launch Nature-based Standardised Contract on its Carbon Credit Spot Trading Platform Read More »

SC-STS Consults on Adjustment Spreads for the Conversion of Legacy SIBOR Loans to SORA

On 15 March 2023, the Steering Committee for SOR & SIBOR Transition to SORA (“SC-STS”) published a consultation paper on its recommendations for the setting of adjustment spreads to convert legacy loans referencing the Singapore Interbank Offered Rate (“SIBOR”) to a Singapore Overnight Rate Average (“SORA”) reference.

SC-STS Consults on Adjustment Spreads for the Conversion of Legacy SIBOR Loans to SORA Read More »

Merging of ACRA, Singapore Accountancy Commission and Accounting Standards Council as One Entity with Effect from 1 April 2023

On 10 March 2023, the Accounting and Corporate Regulatory Authority (“ACRA”) announced that ACRA, the Singapore Accountancy Commission (“SAC”) and the Accounting Standards Council (“ASC”) will merge as one entity with effect from 1 April 2023. The merged entity will take on the name of ACRA.

Merging of ACRA, Singapore Accountancy Commission and Accounting Standards Council as One Entity with Effect from 1 April 2023 Read More »

Misuse of Drugs (Amendment) Bill and Constitution of the Republic of Singapore (Amendment) Bill Tabled in Parliament to Introduce New Legislative Framework for Psychoactive Substances

On 24 February 2023, the Misuse of Drugs (Amendment) Bill (“MDA Bill“) and the Constitution of the Republic of Singapore

Misuse of Drugs (Amendment) Bill and Constitution of the Republic of Singapore (Amendment) Bill Tabled in Parliament to Introduce New Legislative Framework for Psychoactive Substances Read More »

MOF and ACRA Respond to Feedback on Proposals Relating to Digitalisation and Compulsory Acquisition in 2020 Consultation Paper on Proposed Amendments to Companies Act

On 6 February 2023, the Ministry of Finance (“MOF“) and the Accounting and Corporate Regulatory Authority (“ACRA“) published their responses

MOF and ACRA Respond to Feedback on Proposals Relating to Digitalisation and Compulsory Acquisition in 2020 Consultation Paper on Proposed Amendments to Companies Act Read More »

Variations and Back-charges – Singapore Appellate Division of High Court takes Commercial Approach

Construction contracts often contain detailed procedures for the various aspects of the working arrangement between the parties, including the agreed mechanisms for making payment claims or for variation and rectification works, as well as details such as notification periods or approval processes.

Variations and Back-charges – Singapore Appellate Division of High Court takes Commercial Approach Read More »

ACRA Highlights the Need to Strengthen Financial Reporting Competency and Consider Impact from Climate Reporting in its Fourth Financial Reporting Surveillance Programme Report

On 6 January 2023, the Accounting and Corporate Regulatory Authority (“ACRA“) released its fourth report from its Financial Reporting Surveillance

ACRA Highlights the Need to Strengthen Financial Reporting Competency and Consider Impact from Climate Reporting in its Fourth Financial Reporting Surveillance Programme Report Read More »

CCCS Imposes Financial Penalty on Warehouse Operators for Price Fixing Conduct Relating to Warehousing Services

On 17 November 2022, the Competition and Consumer Commission of Singapore issued an Infringement Decision against four warehouse operators for engaging in anti-competitive agreements in violation of section 34 of the Competition Act 2004, and imposed a total financial penalty of close to S$3 million.

CCCS Imposes Financial Penalty on Warehouse Operators for Price Fixing Conduct Relating to Warehousing Services Read More »

Local Communities Failed to Compel Company to Use its Assets to Promote Sustainable Development and Advance Their Welfare Due to Lack of Nexus Needed to Impose Fiduciary Duties on the Company

In Ok Tedi Fly River Development Foundation Ltd & Ors v PNG Sustainable Development Program Limited [2022] SGCA 76, a

Local Communities Failed to Compel Company to Use its Assets to Promote Sustainable Development and Advance Their Welfare Due to Lack of Nexus Needed to Impose Fiduciary Duties on the Company Read More »

全新的新加坡《法庭规则2021》有何亮点?

新加坡全新的《法庭规则2021》(Rules of Court 2021) 于2021年12月1日发布,并于2022年4月1日正式生效。《法庭规则2021》是新加坡民事诉讼规则的一次重大改革,其对诉讼当事人将有深远影响。在这篇评论中,我们探讨了新的《法庭规则2021》中一些重点内容及其对民事诉讼中的当事人的潜在影响。请点击 “READ MORE” 以阅读我们的中文评论。 For more information, click here to read the full Legal Update.

全新的新加坡《法庭规则2021》有何亮点? Read More »

疫情两年后,新加坡高等法庭对视频作证持何态度?ꟷꟷ 从新加坡高等法庭最近驳回

在全球从新冠疫情逐渐复苏的环境下,新加坡高等法庭普通审判庭近期在 Wang Xiaopu v Koh Mui Lee and others [2022] SGHC 54 一案(“本案”)中针对海外证人申请通过视频连线的方式出庭作证这一问题作出了指导。需要注意的是,法庭强调,海外证人不应 “盲目” 以新冠疫情作为证人无法亲自到新加坡法庭参加庭审的理由。这是逐步回到 “常态” 的信号。 在这篇评论中,我们将探讨法庭在本案中的论述,以及本案对有意申请视频作证的海外证人的潜在影响。请点击这里阅读我们关于本案的中文评论。 For more

疫情两年后,新加坡高等法庭对视频作证持何态度?ꟷꟷ 从新加坡高等法庭最近驳回 Read More »

SGX’s Measures to Ensure Adequate Shareholders’ Engagement During General Meetings Amid COVID-19

The Singapore Exchange Regulation has issued a new guidance note setting out its expectations on the issuers’ conduct of general meetings amid the ongoing COVID-19 situation with regard to: (i) the use of virtual information session (“VIS”) for prescribed corporate actions; and (ii) prescribed timeline for addressing shareholders’ questions submitted before general meetings.

SGX’s Measures to Ensure Adequate Shareholders’ Engagement During General Meetings Amid COVID-19 Read More »

Enhanced Disclosures on Climate-Related Information & Board Diversity Policy for SGX-Listed Companies

The Singapore Exchange Limited (“SGX”) will introduce the changes to nudge more issuers listed on the SGX-ST Mainboard and Catalist (collectively, “issuers”) towards the direction of integrating environment, social and governance (“ESG”) factors into their corporate governance practices and business strategy.

Enhanced Disclosures on Climate-Related Information & Board Diversity Policy for SGX-Listed Companies Read More »

New Rules of Court to Streamline Litigation Process

On 1 December 2021, the ROC 2021 was issued under the Supreme Court of Judicature Act (Cap 322) and will take effect from 1 April 2022. The ROC 2021 seeks to enhance Singapore’s civil justice system by simplifying rules and modernising the language, streamlining procedural steps and enabling greater judicial control of the entire litigation process. In this Update, we highlight some saliant features in the ROC 2021 and how they may positively impact the litigation process.

New Rules of Court to Streamline Litigation Process Read More »

Mandatory Packaging Reporting Via Waste and Resource Management System By 31 Mar 2022

The planning, development and administration of Singapore’s waste management system comes under the purview of the Singapore National Environment Agency. As part of Singapore’s strategy to build a sustainable nation, focused on resource efficiency and climate resilience, the Resource Sustainability Act (“RSA”) was enacted.

Mandatory Packaging Reporting Via Waste and Resource Management System By 31 Mar 2022 Read More »

Singapore High Court Allows Registration of Foreign Judgment in Relation to Gambling Debts Incurred at Foreign Casino

The Singapore High Court in The Star Entertainment QLD Ltd v Yong Khong Yoong Mark [2021] SGHC 280 has confirmed that s 3(2)(f) of the Reciprocal Enforcement of Commonwealth Judgments Act (Cap 264, 1985 Rev Ed) does not prevent the registration of a foreign judgment based on a gambling debt.

Singapore High Court Allows Registration of Foreign Judgment in Relation to Gambling Debts Incurred at Foreign Casino Read More »

Arbitration and Anti-Suit Injunctions: Singapore Court Issues Landmark Decision on the Proper Law for Determining Subject Matter Arbitrability

When a claim is filed in Court in breach of an arbitration agreement, the defendant’s key recourse is to seek an anti-suit injunction at the national courts of the seat of the arbitration to restrain the counterparty.

Arbitration and Anti-Suit Injunctions: Singapore Court Issues Landmark Decision on the Proper Law for Determining Subject Matter Arbitrability Read More »

Singapore Court Sets Out When Contracts May Be Rectified for Unilateral Mistake

The provisions of a written contract may not always reflect the actual contractual intention of the parties. In certain situations, the Court may order the rectification of contractual terms to reflect such intention. In the case of Doo Wan Tsong Charles v Oxley Jasper Pte Ltd [2021] SGHC 249, the Singapore High Court considered when it would be appropriate to order the rectification of a contract in the event of unilateral mistake by a contracting party.

Singapore Court Sets Out When Contracts May Be Rectified for Unilateral Mistake Read More »

Specialised Case Management System for Complex Disputes: SICC Announces the Establishment of the Technology, Infrastructure and Construction List

On 8 November 2021, the Singapore International Commercial Court announced the establishment of a specialised Technology, Infrastructure and Construction List (“TIC List”), effective from 31 August 2021.

Specialised Case Management System for Complex Disputes: SICC Announces the Establishment of the Technology, Infrastructure and Construction List Read More »

Block Exemption Order for Certain Liner Shipping Agreements Extended Three Years to 31 Dec 2024

Anticompetitive agreements are prohibited under section 34 of the Competition Act (“section 34 prohibition”). However, under recommendation by the Competition and Consumer Commission of Singapore, the Minister for Trade and Industry may order an exemption of certain types of agreements from the section 34 prohibition on the basis that a category of agreements fulfils the net economic benefit criteria, i.e. a block exemption.

Block Exemption Order for Certain Liner Shipping Agreements Extended Three Years to 31 Dec 2024 Read More »

Court of Appeal Clarifies When Conditions May Be Imposed for Stay of Court Proceedings in Favour of Arbitration

Whilst the Singapore Court is empowered to impose terms and conditions as it may think fit when ordering a stay of court proceedings in favour of arbitration, when will it do so? This question was answered by the Court of Appeal in The Navios Koyo [2021] SGCA 99 where it also considered whether the quantum of a potentially time-barred claim may be taken into consideration in assessing whether a waiver of a time bar defence should be imposed as a condition for the stay.

Court of Appeal Clarifies When Conditions May Be Imposed for Stay of Court Proceedings in Favour of Arbitration Read More »

Impending Legislative Changes to Enhance Transparency and Beneficial Ownership of Companies, Foreign Companies, and LLPs

In July 2021, the Ministry of Finance and the Accounting and Corporate Regulatory Authority (“ACRA”) conducted a public consultation on proposed revisions to the Companies Act and the Limited Liability Partnerships Act to improve the transparency and beneficial ownership of companies and limited liability partnerships.

Impending Legislative Changes to Enhance Transparency and Beneficial Ownership of Companies, Foreign Companies, and LLPs Read More »

Clarification of Amendments to Personal Data Protection Act – Follow-Up Changes to Regulations and Advisory Guidelines

The Personal Data Protection Act 2012 (“PDPA”) has been undergoing a series of amendments pursuant to the Personal Data Protection (Amendment) Act 2020, aimed at enhancing the PDPA and strengthening organisation accountability and consumer protection. The changes have taken effect in phases, with the first phase coming into operation on 1 February 2021.

Clarification of Amendments to Personal Data Protection Act – Follow-Up Changes to Regulations and Advisory Guidelines Read More »

Exemption Frameworks for Cross-Border Business Arrangements for Foreign Offices & Foreign Related Corporations of Singapore FIs Take Effect

On 9 October 2021, the Monetary Authority of Singapore (“MAS”) put in place an exemption framework to exempt the foreign head offices or branches (“FOs”) of relevant financial institutions in Singapore (“Singapore FIs”) conducting capital markets services and/or financial advisory services from applicable business conduct and representative notification requirements when the FOs conduct business in Singapore, subject to boundary and notification conditions (“Branch Framework”).

Exemption Frameworks for Cross-Border Business Arrangements for Foreign Offices & Foreign Related Corporations of Singapore FIs Take Effect Read More »

Singapore High Court Refuses to Impose Conditions in Ordering a Stay of Proceedings in Favour of Arbitration in London

If a claim would be time-barred in arbitration, but not in the court proceedings that had been commenced within time, would that be enough reason to impose conditions when ordering a stay of court proceedings? The Singapore High Court answered the question in the negative in The Navios Koyo [2021] SGHC 131.

Singapore High Court Refuses to Impose Conditions in Ordering a Stay of Proceedings in Favour of Arbitration in London Read More »

MAS Consults on Features & Legislative Framework of Digital Platform for FIs to Share Information for AML/CFT Purposes

The Monetary Authority of Singapore (“MAS”) is seeking feedback on its proposal to deploy a secured digital platform, to be named COSMIC (Collaborative Sharing of ML/TF Information & Cases), that will allow financial institutions to share information to help them detect and disrupt illicit transactions in a timelier manner.

MAS Consults on Features & Legislative Framework of Digital Platform for FIs to Share Information for AML/CFT Purposes Read More »

Interpreting Arbitration Agreements: A Cautionary Tale for Commercial Parties

With the indiscriminate spread of COVID-19 and the corresponding prevalence of remote hearing tools across the world, it has never been easier for disputes to be heard in a foreign jurisdiction of one’s choice. However, all that glisters is not gold, and it pays for parties to pay special attention to the drafting of arbitration agreements and, in particular, references to the arbitral seat.

Interpreting Arbitration Agreements: A Cautionary Tale for Commercial Parties Read More »

High Court Sets Out Law on Striking Out of Pleadings for Non-Compliance with Discovery Obligations

In Saxo Bank A/S v Innopac Holdings Limited [2021] SGHC 214, the Singapore High Court set out the applicable principles on when it would exercise its discretion to strike out a litigant’s pleading for non-compliance with the Rules of Court or orders of court specifically in a situation where discovery obligations have been breached.

High Court Sets Out Law on Striking Out of Pleadings for Non-Compliance with Discovery Obligations Read More »

Safeguarding your Business’s ‘Crown Jewels’ – A Primer on Dealing with Confidential Information

Confidential information such as trade secrets, proprietary know-how, strategy documents, technical drawings / plans, financial data and customer lists often constitute the most valuable assets or ‘crown jewels’ that a business or company owns. What happens however when an ex-employee misuses the company’s confidential information—particularly if it results in the loss of a key business contract to a competitor?

Safeguarding your Business’s ‘Crown Jewels’ – A Primer on Dealing with Confidential Information Read More »

Court of Appeal Rules on When to Intervene in a Judicial Manager’s Exercise of Discretion

Yihua Lifestyle Technology Co., Ltd., & Anor v HTL International Holdings Pte. Ltd. [2021] SGHC 86 is the first decision of the Singapore High Court which had an opportunity to consider and opine on the applicable principles on when it would be appropriate to intervene in a judicial manager’s exercise of discretion.

Court of Appeal Rules on When to Intervene in a Judicial Manager’s Exercise of Discretion Read More »

Online Retailers to be Cautious Against Using Misleading Sales Tactics

In recent years, online sales have taken the retail scene by storm and with a significant number of consumers having turned to shopping online during the COVID-19 pandemic.

In response to numerous complaints from consumers concerning errant online retailers alleged to have misled consumers into purchases, the Consumers Association of Singapore (“CASE”) and the Competition & Consumer Commission of Singapore (“CCCS”) have issued an advisory on commonly used online tactics and certain precautionary measures for consumers (“Advisory”).

Online Retailers to be Cautious Against Using Misleading Sales Tactics Read More »

Requirements on Climate-Related Disclosures and Board Diversity Policy Proposed for SGX-Listed Companies

Against the background of accentuated demand by various stakeholders for climate-related information and disclosure on board diversity, the Singapore Exchange Regulation proposes requiring issuers listed on the SGX-ST Mainboard) and Catalist to: (i) include climate-related disclosures in their sustainability reports consistent with recommendations of the Task Force on Climate-Related Financial Disclosures under a “phased approach”; and (ii) put in place a board diversity policy and describe the policy in their annual reports.

Requirements on Climate-Related Disclosures and Board Diversity Policy Proposed for SGX-Listed Companies Read More »

Developments in Cross-Border Paperless Trade – Singapore Collaborates with Australia and Trade Partners on Blockchain and Other Trade Initiatives

Singapore’s Infocomm Media Development Authority and Singapore Customs began a blockchain trial with the Australian Border Force on 23 November 2020 to simplify cross-border trade between Singapore and Australia.

Developments in Cross-Border Paperless Trade – Singapore Collaborates with Australia and Trade Partners on Blockchain and Other Trade Initiatives Read More »

Capital Gains, Branch Profits, Royalties: Updates to the Singapore-Indonesia Double Taxation Agreement

On 23 July 2021, the Agreement between the Government of the Republic of Singapore and the Government of the Republic of Indonesia for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance (“UpdatedDTA”) entered into force, following Indonesia’s ratification of the Updated DTA on 11 May 2021.

Capital Gains, Branch Profits, Royalties: Updates to the Singapore-Indonesia Double Taxation Agreement Read More »

Singapore Court of Appeal Considers Application of UNCITRAL Model Law on Cross-Border Insolvency for the First Time

The UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”) aims to facilitate the conduct of cross-border insolvencies. The case of United Securities Sdn Bhd (in receivership and liquidation) and another v United Overseas Bank Ltd [2021] SGCA 78 was the first time the Singapore Court of Appeal considered the recognition of foreign insolvency proceedings under the Model Law and the effects of such recognition.

Singapore Court of Appeal Considers Application of UNCITRAL Model Law on Cross-Border Insolvency for the First Time Read More »

COVID-19 Relief Framework for Construction Firms Facing Higher Foreign Manpower Costs Comes into Operation

Part 10A of the COVID-19 (Temporary Measures) Act (“Part 10A”) has come into operation on 6 August 2021, along with the COVID-19 (Temporary Measures) (Part 10A Relief) Regulations 2021. Part 10A provides a framework for parties to construction contracts to apply for relief from their contractual counterparties if they are affected by an increase in cost for work permit holders as a result of a COVID-19 event, such as border control quotas set by the Government limiting the inflow of foreign workers.

COVID-19 Relief Framework for Construction Firms Facing Higher Foreign Manpower Costs Comes into Operation Read More »

CCCS Consults on New General Business Collaboration Guidance Note

To facilitate businesses’ collaboration in this climate of swiftly evolving business conditions, the Competition and Consumer Commission of Singapore (“CCCS”) has issued a public consultation on a proposed Business Collaboration Guidance Note (“Guidance Note”) to help businesses and trade associations understand the competition issues that may arise from their collaboration and provide ways to avoid or alleviate these issues.

CCCS Consults on New General Business Collaboration Guidance Note Read More »

The Reform of the Singapore Court System – Keeping Pace with Changing Business Needs

On 26 July 2021, the Courts (Civil and Criminal Justice) Reform Bill (“Bill”) was tabled for its First Reading in Parliament. The Bill seeks to reform the Singapore court system to keep pace with the changing needs of litigants and businesses seeking to resolve commercial disputes, creating a more efficient and facilitative framework.

The Reform of the Singapore Court System – Keeping Pace with Changing Business Needs Read More »

High Court Sets out New Sentencing Framework for Tax Evasion Offences

For justice to be achieved, like cases should be treated alike. When a court is faced with two very similar cases, it should arrive at broadly similar outcomes. Consistency in sentencing – encompassing both the adoption of a consistent methodology as well as the achievement of consistent sentencing outcomes – is therefore crucial to ensuring a fair justice system.

High Court Sets out New Sentencing Framework for Tax Evasion Offences Read More »

Legislative Changes Take Effect on 24 July 2021 to Implement Salvage Convention

As a global maritime hub, Singapore is one of the key jurisdictions for admiralty and shipping dispute resolution. In 2019, the Merchant Shipping (Miscellaneous Amendments) Bill 2018 was passed in Parliament to implement, among other things, two key developments, namely, the International Convention on Salvage, 1989 (“Salvage Convention”) and the 1996 Protocol to the Convention on Limitation of Liability for Maritime Claims, 1976 (“1996 Protocol”).

Legislative Changes Take Effect on 24 July 2021 to Implement Salvage Convention Read More »

MAS Consults on AML/CFT Notice for Precious Stones and Precious Metals Activities & Updates on AML/CFT Notices for Financial Institutions and Variable Capital Companies

The Monetary Authority of Singapore (“MAS”) is seeking comments on changes to the requirements on anti-money laundering and countering the financing of terrorism (“AML/CFT”) applicable to financial institutions regulated by MAS (“FIs”) and variable capital companies (“VCCs”) under the purview of MAS for AML/CFT obligations.

MAS Consults on AML/CFT Notice for Precious Stones and Precious Metals Activities & Updates on AML/CFT Notices for Financial Institutions and Variable Capital Companies Read More »

CCCS Announces Plans for General Business Collaboration Guidance Note to Replace its Guidance Note on Collaboration During COVID-19

In July 2020, to deal with the effects of the COVID-19 pandemic, the Competition & Consumer Commission of Singapore (“CCCS”) issued a Guidance Note on Collaborations between Competitors in response to the COVID-19 Pandemic (“COVID-19 Guidance Note”) to provide clarity to businesses on how CCCS would treat collaborations between competitors during these exceptional times, as well as examples of collaborations that would fall under the COVID-19 Guidance Note.

CCCS Announces Plans for General Business Collaboration Guidance Note to Replace its Guidance Note on Collaboration During COVID-19 Read More »

MAS Proposes Refining Tier Structure Requirements and New Remuneration Restrictions for Financial Advisers

The remuneration practice of the financial advisory (“FA”) industry is regulated by the Monetary Authority of Singapore (“MAS”). To better align the interests of FA representatives and supervisors with those of their clients, MAS madesome key proposals on remuneration requirements.

MAS Proposes Refining Tier Structure Requirements and New Remuneration Restrictions for Financial Advisers Read More »

Cautions against Using Statutory Demands Based on Adjudication Determinations

In Diamond Glass Enterprise Pte Ltd v Zhong Kai Construction Co Pte Ltd [2021] SGCA 61, the Singapore Court of Appeal had the occasion of considering the interaction between the temporary finality of adjudication determinations under the statutory adjudication regime in the Building and Construction Industry Security of Industry Act (Cap 30B, 2006 Rev Ed) and the corporate insolvency regime.

Cautions against Using Statutory Demands Based on Adjudication Determinations Read More »

Disagreement Over Relocation of Club Facilities: Members Awarded Nominal Damages for Failure to Prove Loss

In Meow Moy Lan and Others v Exklusiv Resorts Pte Ltd and Another [2021] SGHC 155, the Singapore High Court considered claims by a group of members of a social club against the club’s owner and its indirect shareholder arising from the relocation of the club’s facilities. The Court dismissed the majority of the 170 members’ claims, which were brought via representative proceedings.

Disagreement Over Relocation of Club Facilities: Members Awarded Nominal Damages for Failure to Prove Loss Read More »

Impending Changes to the Copyright Regime – Copyright Bill Introduced in Parliament

In February 2021, the Ministry of Law and the Intellectual Property Office of Singapore introduced and conducted a two-month long public consultation on the draft copyright bill which is set to repeal and replace the current Copyright Act (Cap. 60, Rev. Ed. 2006) as part of an overall review of Singapore’s copyright regime. After incorporating the feedback received, the Copyright Bill (“Bill”) was introduced for First Reading in Parliament by on 6 July 2021.

Impending Changes to the Copyright Regime – Copyright Bill Introduced in Parliament Read More »

Public Consultation on Proposed Amendments to Laws Governing Gambling Activities

The Ministry of Home Affairs (“MHA”) is conducting a public consultation (“Consultation”) on proposed amendments to the laws regulating gambling in Singapore. The amendments primarily seek to address two recent trends in the gambling landscape: (1) Advancements in technology – which have made gambling products more accessible, leading to the increase in online gambling; and (2) Blurring of boundaries between gambling and gaming, given that new business models have increasingly introduced gambling elements in products that are not traditionally not related to gambling, e.g. chance-based loot boxes in video games.

It appears that MHA intends to enact a single consolidated Act in order to streamline current provisions set out in the various disparate legislation, while simultaneously proposing updates to the law. This Update highlights the key points of the proposed amendments in the Consultation, and the implications and concerns arising from such changes.

Public Consultation on Proposed Amendments to Laws Governing Gambling Activities Read More »

MAS Proposes Enhanced Transaction Safeguards for Retail Clients by Financial Advisers

To raise industry standards and promote greater consumer trust in the financial advisory (“FA”) industry in Singapore, the Monetary Authority of Singapore (“MAS”) seeks feedback on proposed enhanced regulatory safeguards by FA firms to protect the interests of retail clients, particularly selected clients (“SCs”), who meet any two of the following criteria: (a) is 62 years of age or older; (b) is not proficient in spoken or written English; (c) has below GCE “O” or “N” level certifications (or the equivalent).

MAS Proposes Enhanced Transaction Safeguards for Retail Clients by Financial Advisers Read More »

SGX Enhances SGX RegCo’s Enforcement Powers and Disclosures on Whistleblowing Practices

With effect from 1 August 2021, Singapore Exchange Regulation (“SGX RegCo”) will have a wider range of enforcement and administrative powers, including the power to require a director or executive officer to resign from an existing position with an issuer listed on the Singapore Exchange Securities Trading Limited.

SGX Enhances SGX RegCo’s Enforcement Powers and Disclosures on Whistleblowing Practices Read More »

In Conversation with Jaclyn Seow, Openspace Ventures, on ESG & Responsible Investing

We are pleased to present you the second issue of our Sustainability Update which shares with you insights from our Sustainability Partners as well as experts across sectors and domains on key environmental, social and governance (“ESG”) developments and trends.

In this issue, Lee Weilin, our Partner with the Sustainability Practice, speaks with Jaclyn Seow, Vice President of ESG & Impact of Openspace Ventures, a venture capital firm investing exclusively in Southeast Asia.

In Conversation with Jaclyn Seow, Openspace Ventures, on ESG & Responsible Investing Read More »

Commencement of Part 8C of the COVID-19 (Temporary Measures) Act 2020

On 1 July 2021, Part 8C of the COVID-19 (Temporary Measures) Act 2020 (“Part 8C”) and the subsidiary legislation in the COVID-19 (Temporary Measures) (Part 8C Relief) Regulations 2021 (“Part 8C Relief Regulations”) came into operation. Part 8C serves to provide support to developers who face delays in the construction of properties due to the pandemic and are unable to meet the date of delivery of vacant possession to purchasers under the Sale and Purchase Agreement (“SPA”).

Commencement of Part 8C of the COVID-19 (Temporary Measures) Act 2020 Read More »

Further Extension of Electronic Dissemination of Rights Issue and Take-over Documents Beyond 30 June 2021

Issuers listed on the SGX-ST Mainboard and Catalist and parties involved in rights issues and take-over or merger transactions will continue to have the option to disseminate an electronic version of the relevant offer documents through publication on SGXNET and their corporate websites, beyond 30 June 2021, until revoked or amended by the Monetary Authority of Singapore, the Securities Industry Council and the Singapore Exchange Regulation (with at least six months’ prior notice of any such cessation).

Further Extension of Electronic Dissemination of Rights Issue and Take-over Documents Beyond 30 June 2021 Read More »

Court Rejects Consultant’s Claim for Fees for Breach of the Legal Profession Act

In Choo Cheng Tong Wilfred v Phua Swee Khiang [2021] SGHC 154, the Singapore High Court rejected the Plaintiff’s claim for alleged unpaid ‘consultancy fees’ of over S$2 million for work done over a 16-year period for breach of the Legal Profession Act. This is the first reported decision where the Singapore High Court has struck down a claim for fees for work done in breach of the Legal Profession Act.

Court Rejects Consultant’s Claim for Fees for Breach of the Legal Profession Act Read More »

Court of Appeal Determines Between Conflicting Set-Off Agreement and Standard Terms and Conditions

In light of recent market pressures, the area of trade finance has seen a number of disputes arising from the enforcement of debentures, pledges and assignments. One such case is Italmatic Tyre & Retreading Equipment (Asia) Pte Ltd v CIMB Bank Berhad [2021] SGCA 56, where the Singapore Court of Appeal had to tackle issues relating to trade finance such as the complications of multiple parties and contracts in trade arrangements.

Court of Appeal Determines Between Conflicting Set-Off Agreement and Standard Terms and Conditions Read More »

Application for Declaratory Relief for Arbitral Proceedings Held to be Abuse of Process

In Republic of India v Vedanta Resources plc [2021] SGCA 50, the Court of Appeal considered whether a party in an arbitration, who puts a question of law to a tribunal in an investment treaty arbitration and receives an answer which it does not like, can put the same question before a Singapore court (as the seat court) by way of an application for declaratory relief.

Application for Declaratory Relief for Arbitral Proceedings Held to be Abuse of Process Read More »

Successful Appellant Fails to Get Reimbursement of Damages Paid on Behalf of All Co-defendants in Satisfaction of Trial Judgment

In commercial disputes, it is not uncommon for there to be multiple plaintiffs or defendants, which may also be related entities, represented by the same set of counsel. In Crest Capital Asia Pte Ltd v OUE Lippo Healthcare Ltd [2021] SGCA 57, the Singapore Court of Appeal highlighted the importance of distinguishing between the principals despite their common representation.

Successful Appellant Fails to Get Reimbursement of Damages Paid on Behalf of All Co-defendants in Satisfaction of Trial Judgment Read More »

Bankruptcy and Family Proceedings: The Court’s Ratification of Division of Assets Amidst Bankruptcy

Under Singapore bankruptcy law, when a person is adjudged bankrupt, any disposition of property made by him from the date of the bankruptcy application is void unless the court consents to or ratifies the disposition. However, will the court ratify the disposition of assets made pursuant to an order for division of assets in divorce proceedings, and in what circumstances will it do so?

Bankruptcy and Family Proceedings: The Court’s Ratification of Division of Assets Amidst Bankruptcy Read More »

Drafting Cautionary: Be Very Specific with “No Oral Modification” Clause

A “no oral modification” clause (“NOM clause”) is a boilerplate clause included in an agreement to require any variations of an agreement to be in writing. The Singapore Court of Appeal recently held in Charles Lim Teng Siang v Hong Choon Hau [2021] SGCA 43 that a NOM clause which stated that any variation, supplement, deletion, or replacement of a term must be in writing did not preclude an oral rescission of the contract.

Drafting Cautionary: Be Very Specific with “No Oral Modification” Clause Read More »

PDPC Issues Decision on Access Obligation and the Evaluative Purpose Exception in Relation to Artificial Intelligence Systems and Deterministic Algorithms

In [redacted] v HSBC Bank (Singapore) Limited [2021] SGPDPC 3, the Personal Data Protection Commission (“PDPC”) issued its decision on the obligation to provide access to personal data in an organisation’s possession as well as the exception allowing organisations to deny access to opinion data for evaluative purposes, both in the context of Artificial Intelligence (“AI”) systems and deterministic algorithms.

PDPC Issues Decision on Access Obligation and the Evaluative Purpose Exception in Relation to Artificial Intelligence Systems and Deterministic Algorithms Read More »

MAS Consults on Revisions to Corporate Governance Requirements for Banks & Insurers Incorporated in Singapore

The Monetary Authority of Singapore (“MAS”) is seeking feedback on proposed revisions to the corporate governance requirements for financial holding companies, banks, direct insurers, reinsurers and captive insurers which are incorporated in Singapore in the Consultation Paper titled “Consultation Paper on Revisions to the Guidelines on Corporate Governance” issued on 7 May 2021.

MAS Consults on Revisions to Corporate Governance Requirements for Banks & Insurers Incorporated in Singapore Read More »

Relief for Construction Firms Facing Higher Manpower Costs Due to COVID-19

The COVID-19 pandemic has brought about a whole host of challenges for construction firms. Among them, the cost of foreign manpower necessary for the construction works has increased due to travel restrictions and limited supply. To provide relief for affected firms, the COVID-19 (Temporary Measures) (Amendment No. 3) Bill (“Bill”) was introduced in Parliament on 10 May 2021.

Relief for Construction Firms Facing Higher Manpower Costs Due to COVID-19 Read More »

Singapore High Court Decides on Landmark Claim for Mass Poaching and Solicitation of Insurance Agents

In mid-2016, the attention of the financial services industry was captured by the exodus of a record number of agents then – numbering more than 240 – from Prudential Singapore (“Prudential”) to a competitor financial advisory firm (“Aviva FA”) solely owned by Aviva Ltd (“Aviva”). The move led to a landmark claim against a former top agency leader (“AL”) from Prudential, Peter Tan (“Tan”), for orchestrating the mass exodus.

Singapore High Court Decides on Landmark Claim for Mass Poaching and Solicitation of Insurance Agents Read More »

Does Delay in Issuing an Arbitral Award Result in Loss of Arbitrator’s Jurisdictional Mandate?

In Ken Grouting Sdn Bhd v RKT Nusantara Sdn Bhd and another appeal [2020] MLJU 1901, the Malaysian Court of Appeal dealt with the issue of an arbitrator’s failure to deliver the arbitral award within the specified timeline, and whether this resulted in a loss of the arbitrator’s jurisdictional mandate.

Does Delay in Issuing an Arbitral Award Result in Loss of Arbitrator’s Jurisdictional Mandate? Read More »

Court Intervention in a Judicial Manager’s Decision – The Test for Unfair Prejudice

Under Singapore’s restructuring and insolvency regime, the Court may intervene in a decision of a judicial manager if it is unfairly prejudicial to the interests of the company’s creditors or members. The test for when the Court will intervene, and the relevant standard of unfair prejudice, had yet to be considered in Singapore case law.

Court Intervention in a Judicial Manager’s Decision – The Test for Unfair Prejudice Read More »

High Court Issues Largest Award for Fraudulent Trading in Singapore

If the business of a company has been carried on with the intent to defraud creditors, directors and officers who were knowingly a party to the carrying of business in that manner may be liable for fraudulent trading. Under Singapore’s restructuring and insolvency regime, they may be held personally liable for all or any the company’s debts.

High Court Issues Largest Award for Fraudulent Trading in Singapore Read More »

Transition to SORA: New Timelines to Cease Issuance of SOR Derivatives and SIBOR-linked Financial Products and Others

To reinforce the shift to a Singapore Overnight Rate Average (“SORA”)-centered SGD interest rate landscape and provide additional guidance on cessation timelines, the Steering Committee for SOR & SIBOR Transition to SORA (“SC-STS”) published a report on 31 March 2021 (“Report”) announcing several new timelines for financial institutions (“FIs”).

Transition to SORA: New Timelines to Cease Issuance of SOR Derivatives and SIBOR-linked Financial Products and Others Read More »

Challenges to the One-Proxy Rule in a Recent Trust Scheme of Arrangement

Since 2017, there has been a wave of consolidation and privatisation of real estate investment trusts (“REITs”), business trusts, and stapled trusts which have been effected through trust schemes of arrangement (“Trust Schemes”). In Singapore, while there is a prescribed statutory framework for schemes of arrangement involving companies (“Company Schemes”), there is no prescribed statutory framework for Trust Schemes.

Challenges to the One-Proxy Rule in a Recent Trust Scheme of Arrangement Read More »

SGX Proposes to Permit Listing of SPACs in Singapore

The Singapore Exchange Limited (“SGX”) is seeking comments on the proposed regulatory framework for the listing of Special Purpose Acquisition Companies (“SPACs”) on the Mainboard of the Singapore Exchange Securities Trading Limited (“SGX-ST Mainboard”) set out in its consultation paper titled “Proposed Listing Framework for Special Purpose Acquisition Companies”.

SGX Proposes to Permit Listing of SPACs in Singapore Read More »

SGX RegCo Extends Expiry Date for Enhanced Share Issue Limit for Mainboard Issuers

Back in April 2020, in the early days of the COVID-19 pandemic, the Singapore Exchange Regulation (“SGX RegCo”) announced provisional measures to support issuers listed on the SGX-ST Mainboard (“Mainboard Issuers”). One such measure was to allow Mainboard Issuers to seek a general mandate for an issue of pro-rata shares and convertible securities for up to 100% of their share capital (“Enhanced Share Issue Limit”), instead of the limit of 50% prescribed in the SGX-ST Mainboard Listing Rules.

SGX RegCo Extends Expiry Date for Enhanced Share Issue Limit for Mainboard Issuers Read More »

Ratification of Agreements by the Court in Bankruptcy

In order to preserve a bankrupt’s assets for distribution to creditors, any disposition of the bankrupt’s property from the date of the bankruptcy application is considered void. However, this position is not absolute – the Court may consent to or ratify the disposition. In Sutherland, Hugh David Brodie v Official Assignee [2021] SGHC 65, the Singapore High Court set out the applicable principles that it would take into account when considering whether to ratify such disposition.

Ratification of Agreements by the Court in Bankruptcy Read More »

Consultation on Labelling and Advertising Requirements for “Nutri-Grade Beverages”

In a move to reduce Singaporeans’ sugar intake, the Ministry of Health and the Health Promotion Board are seeking comments from stakeholders on the proposed amendments to the Food Regulations under the Sale of Food Act, to introduce new requirements on “Nutri-Grade beverages” sold in Singapore from 30 June 2022.

Consultation on Labelling and Advertising Requirements for “Nutri-Grade Beverages” Read More »

MAS Proposes Exemption Framework for Foreign Offices of Singapore Financial Institutions

The Monetary Authority of Singapore (“MAS”) is consulting on an exemption framework to exempt the foreign head offices or branches (collectively, “Foreign Offices”) of financial institutions in Singapore (“Singapore FIs”) from applicable business conduct and representative notification requirements when they serve Singapore customers, subject to boundary and notification conditions (“Branch Framework”).

MAS Proposes Exemption Framework for Foreign Offices of Singapore Financial Institutions Read More »

Extension of Relief Period for Specified Contracts under the COVID-19 (Temporary Measures) Act

The COVID-19 (Temporary Measures) Act (“Act”) provides temporary relief for parties that are unable to perform their contractual obligations due to the COVID-19 pandemic. Amongst its measures, Part 2 of the Act provides relief from certain legal and enforcement measures for prescribed categories of contracts, and Part 8B provides for cost sharing between parties to qualifying construction contracts for additional costs caused by delays.

Extension of Relief Period for Specified Contracts under the COVID-19 (Temporary Measures) Act Read More »

Hazards in Trade Finance: Court of Appeal Considers Issues of Assignment, Set-Off and Competing Agreements

Navigating the course of trade finance is not without its hazards and challenges. Varying trade arrangements and multiplicity of parties often give rise to legal issues and uncertainties. In CIMB Bank Bhd v World Fuel Services (Singapore) Pte Ltd [2021] SGCA 19, the Singapore Court of Appeal had the opportunity to consider such issues of trade finance, including claims under assignment, the resolution of competing contracts, and the right of set-off.

Hazards in Trade Finance: Court of Appeal Considers Issues of Assignment, Set-Off and Competing Agreements Read More »

Keeping Time in Maritime Claims: Limitation Periods and the Single Liability Principle

Following the apportionment of liability in a maritime collision case, the single liability principle provides for the quantum of the smaller recoverable claim to be deducted from the larger recoverable claim, leaving only one net balance to be paid by the net payor. In The CARAKA JAYA NIAGA III-11 [2021] SGHC 43, the Singapore High Court considered how the single liability principle interacts with limitation periods under shipping law.

Keeping Time in Maritime Claims: Limitation Periods and the Single Liability Principle Read More »

Sustainability Update: In Conversation with Seth Tan, Infrastructure Asia, on ESG in Infrastructure Projects

In this Issue, Lee Weilin and Soh Lip San, our Partners with the Sustainability Practice, explore ESG issues in infrastructure projects by speaking with Seth Tan, Executive Director of Infrastructure Asi, on his views on green and sustainable infrastructure and ESG factors for bankable projects in the region.

Sustainability Update: In Conversation with Seth Tan, Infrastructure Asia, on ESG in Infrastructure Projects Read More »

GFIT Handbook for Implementing Environmental Risk Management for Banks, Insurers, Asset Managers

On 28 January 2021, the Green Finance Industry Taskforce (“GFIT”) issued a handbook titled “Handbook on Implementing Environmental Risk Management” (“Handbook”) providing financial institutions (“FIs”) with practical implementation guidance and good practices on environmental risk management.

GFIT Handbook for Implementing Environmental Risk Management for Banks, Insurers, Asset Managers Read More »

Sustainability Financing: Taxonomy Proposed for Singapore-based Financial Institutions to Identify “Green” Activities

The Green Finance Industry Taskforce (“GFIT”), convened by the Monetary Authority of Singapore, is conducting a public consultation to seek feedback on the appropriate taxonomy, a classification tool, to help Singapore-based financial institutions identify economic activities that are considered “green” or are transitioning into “greener” activities in sustainability financing.

Sustainability Financing: Taxonomy Proposed for Singapore-based Financial Institutions to Identify “Green” Activities Read More »

Amendments to the Personal Data Protection Act to Take Effect in Phases Starting from 1 February 2021

The Personal Data Protection (Amendment) Act (“Amendment Act”), which was passed in Parliament on 2 November 2020, is set to take effect in phases. On 1 February 2021, the implementation of the amendments entered its first phase, with the first batch of amendments coming into operation.

Amendments to the Personal Data Protection Act to Take Effect in Phases Starting from 1 February 2021 Read More »

2021 Technology Risk Management Guidelines: Stricter Requirements on Financial Institutions Concerning Technology Risk Governance and Security Controls

The revised Technology Risk Management Guidelines (“2021 TRM Guidelines”) published on 18 January 2021 by the Monetary Authority of Singapore impose additional and/or more stringent requirements on financial institutions (“FIs”), their boards of directors and senior management concerning technology risk governance and security controls in FIs.

2021 Technology Risk Management Guidelines: Stricter Requirements on Financial Institutions Concerning Technology Risk Governance and Security Controls Read More »

Freezing Injunction in Aid of Foreign Court Proceedings: How Does Singapore’s Approach Fare?

This article examines Singapore’s approach to the grant of freezing injunctions in aid of foreign proceedings, as situated against the range of solutions which other commonwealth jurisdictions have developed to keep pace with the rise in transnational fraud, including the British Virgin Islands, which in 2021 became the latest jurisdiction to enact legislation empowering its courts to grant such freezing injunctions.

Freezing Injunction in Aid of Foreign Court Proceedings: How Does Singapore’s Approach Fare? Read More »

Multimodal Transport Bill: Standardising Framework for Multimodal Transport Operators throughout ASEAN

On 5 January 2021, the Multimodal Transport Bill (“Bill”) was passed by the Parliament of Singapore. The Bill facilitates Singapore’s anticipated ratification of the ASEAN Framework Agreement on Multimodal Transport (“Agreement”), which should take place later this year.

Multimodal Transport Bill: Standardising Framework for Multimodal Transport Operators throughout ASEAN Read More »

Second Public Consultation on Converged Competition Code for the Media and Telecommunication Markets

As growth in media and telecommunication markets evolve, the Infocomm Media Development Authority (“IMDA”) conducted a first consultation in February 2019 to obtain the public’s views on key trends identified by IMDA in the media and telecommunication markets which have been separately governed by two codes, the Media Market Conduct Code and the Telecom Competition Code respectively.

Second Public Consultation on Converged Competition Code for the Media and Telecommunication Markets Read More »

Admiralty Actions: Service of Warrants of Arrest and Writs on Agent; Dispensation of Security Guard

The maritime and shipping industry has had to adapt to ensure safe and responsible practices amidst the COVID-19 pandemic. In keeping with these efforts, the Supreme Court of Singapore has acknowledged the concerns involved in the requirement of in-person service of documents against a ship, and has addressed them by introducing temporary alternative methods of service.

Admiralty Actions: Service of Warrants of Arrest and Writs on Agent; Dispensation of Security Guard Read More »

Court of Appeal Determines When a Payment Claim Can Be Served After Termination of a Contract

The Building and Construction Industry Security of Payment Act provides a statutory mechanism through which contractors may serve payment claims on their employers. In the decision of Orion-One Residential Pte Ltd v Dong Cheng Construction Pte Ltd [2020] SGCA 121, the Singapore Court of Appeal considered the circumstances in which a payment claim can be validly served even after the termination of the underlying contract between the contractor and employer.

Court of Appeal Determines When a Payment Claim Can Be Served After Termination of a Contract Read More »

UK-Singapore Free Trade Agreement Effective From 1 January 2021: Ensuring Trade Continuity Post-Brexit

On 1 January 2021, the UK-Singapore Free Trade Agreement (“UKSFTA”) took effect via provisional application, enabling the United Kingdom (“UK”) and Singapore to apply treaty commitments under the UKSFTA on a provisional basis until it is ratified by both countries and enters into force.

UK-Singapore Free Trade Agreement Effective From 1 January 2021: Ensuring Trade Continuity Post-Brexit Read More »

Singapore High Court Issues Significant Judgment on Freezing Injunctions in Cross-Border Insolvency and Asset Recovery Claim

In Allenger, Shiona (Trustee-in-bankruptcy of the Estate of Pelletier, Richard Paul Joseph) v Pelletier, Olga and another [2020] SGHC 279, Rajah and Tann Singapore’s Fraud, Asset Recovery and Investigations team led by partners Danny Ong and Yam Wern-Jhien, assisted by Bethel Chan and Chen Lixin, prevailed in a significant decision examining principles governing the grant of freezing injunctions against foreign defendants in the context of a cross-border insolvency and asset recovery claim.

Singapore High Court Issues Significant Judgment on Freezing Injunctions in Cross-Border Insolvency and Asset Recovery Claim Read More »

COVID-19 (Temporary Measures) Act: Re-Align Framework Available from 15 January 2021 and Other Additional Reliefs for Built Environment Sector

The COVID-19 (Temporary Measures) Act (“Act”) has introduced a series of legal reliefs and mechanisms for businesses and individuals to aid them in managing the impact of the COVID-19 pandemic.

COVID-19 (Temporary Measures) Act: Re-Align Framework Available from 15 January 2021 and Other Additional Reliefs for Built Environment Sector Read More »

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