Legal Updates

Commencement of China-Singapore FTA Further Upgrade Protocol (w.e.f. 31 Dec 2024) – Enhancing Market Access and Clarifying Rules for Singapore Businesses

On 30 December 2024, the Ministry of Trade and Industry Singapore announced that the China-Singapore Free Trade Agreement (“CSFTA”) Further Upgrade Protocol, signed in December 2023, will enter into force on 31 December 2024.

Commencement of China-Singapore FTA Further Upgrade Protocol (w.e.f. 31 Dec 2024) – Enhancing Market Access and Clarifying Rules for Singapore Businesses Read More »

CCCS Provides Positive Guidance on First Competitor Collaboration with Environmental Sustainability Objectives Using Streamlined Process

On 3 January 2025, the Competition and Consumer Commission of Singapore (“CCCS”) provided positive guidance that the joint establishment and operation of Beverage Container Return Scheme (BCRS) Ltd. by Coca-Cola Singapore Beverages Pte. Ltd., F&N Foods Pte Ltd, and Pokka Pte. Ltd. is unlikely to infringe section 34 (which prohibits anti-competitive agreements between businesses) and section 47 (which prohibits abuse of a dominant market position) of the Competition Act 2004.

CCCS Provides Positive Guidance on First Competitor Collaboration with Environmental Sustainability Objectives Using Streamlined Process Read More »

Valuing an Asset in an Undervalue Transaction Claim: Equitable Value or Market Value?

Under section 224 of the Insolvency, Restructuring and Insolvency Act 2018 (“IRDA”), the Court can make remedial orders if an insolvent company gifted an asset to a counterparty for no consideration, or sold that asset to a counterparty “for a consideration…significantly less than the value provided by the company”.

Valuing an Asset in an Undervalue Transaction Claim: Equitable Value or Market Value? Read More »

Enhancing Online Safety in Singapore: Public Consultation on Measures to Provide Redress and Increase Accountability

The Ministry of Law and the Ministry of Digital Development and Information are seeking feedback through a public consultation to address the growing concerns regarding online harms with proposed measures to bolster the existing legal and regulatory regime in order to empower individuals to seek relief from harmful online content and hold responsible parties accountable

Enhancing Online Safety in Singapore: Public Consultation on Measures to Provide Redress and Increase Accountability Read More »

Language Requirements in Contracts Applying Indonesia Law: Insights from Recent Legal Developments (适用印尼法的合同中的语言要求:近期法律发展的见解)

In recent years, the Indonesian market has gradually entered the global business spotlight, becoming an important destination for many companies investing and trading in Southeast Asia.

Language Requirements in Contracts Applying Indonesia Law: Insights from Recent Legal Developments (适用印尼法的合同中的语言要求:近期法律发展的见解) Read More »

Block Exemption Order Renewed for Certain Liner Shipping Agreements for Five Years to 31 Dec 2029, Excluding Inland Carriage

By 2025, the Indonesian government aims to achieve a minimum of 23% renewable energy in the national energy mix and 31% by 2050. Despite the ambitious target, the Electricity Law (Law No. 30 of 2009 as amended by Government Regulation in lieu of Law No. 2 of 2022) requires independent power producers (IPPs) to prioritise the use of domestic products in developing power generation projects, including renewable energy projects.

Block Exemption Order Renewed for Certain Liner Shipping Agreements for Five Years to 31 Dec 2029, Excluding Inland Carriage Read More »

Block Exemption Order Renewed for Certain Liner Shipping Agreements for Five Years to 31 Dec 2029, Excluding Inland Carriage

By 2025, the Indonesian government aims to achieve a minimum of 23% renewable energy in the national energy mix and 31% by 2050. Despite the ambitious target, the Electricity Law (Law No. 30 of 2009 as amended by Government Regulation in lieu of Law No. 2 of 2022) requires independent power producers (IPPs) to prioritise the use of domestic products in developing power generation projects, including renewable energy projects.

Block Exemption Order Renewed for Certain Liner Shipping Agreements for Five Years to 31 Dec 2029, Excluding Inland Carriage Read More »

Changes to Casino Control Act Effective from 30 Oct 2024 to Enhance Operational Effectiveness of Regulatory Regime, Regularise Casino Entry Levies

On 29 October 2024, the Ministry of Home Affairs (“MHA”) announced that certain provisions of the Casino Control (Amendment) Act 2024 (“Amendment Act”), which amends the Casino Control Act 2006 (“CCA”), will come into effect on 30 October 2024.

Changes to Casino Control Act Effective from 30 Oct 2024 to Enhance Operational Effectiveness of Regulatory Regime, Regularise Casino Entry Levies Read More »

Establishment of Global Finance & Technology Network to Enhance FinTech Growth in Singapore

On 30 October 2024, the Monetary Authority of Singapore (“MAS”) announced the launch of the Global Finance & Technology Network (“GFTN”) to reinforce Singapore’s position as a leading global FinTech hub and boost international connectivity for impactful financial services innovation.

Establishment of Global Finance & Technology Network to Enhance FinTech Growth in Singapore Read More »

Bill Tabled in Parliament to Amend Customs Act to Strengthen Customs’ Regulatory and Enforcement Regime

On 25 October 2024, the Ministry of Finance (“MOF”) and Singapore Customs (“Customs”) issued a summary of the feedback received to the Consultation (from 13 September 2024 to 4 October 2024) on proposed amendments to the Customs Act 1960 (“Act”) via the draft Customs (Amendment) Bill.

Bill Tabled in Parliament to Amend Customs Act to Strengthen Customs’ Regulatory and Enforcement Regime Read More »

MAS Guidelines Issued to Provide Guidance on Requirements for FIs to Share AML/CFT information through COSMIC Platform

On 18 October 2024, the Monetary Authority of Singapore (“MAS”) published the Guidelines to MAS Notice FSM-N02 on Prevention of Money Laundering and Countering the Financing of Terrorism – Financial Institutions’ Information Sharing Platform (“Guidelines”).

MAS Guidelines Issued to Provide Guidance on Requirements for FIs to Share AML/CFT information through COSMIC Platform Read More »

Preparations for Platform Workers Act: Work Injury Compensation Insurance, Notification of Platform Operator Status

The Platform Workers Bill (“Bill”) was passed in Parliament on 10 September 2024 to provide platform workers with protections in three areas: (i) housing and retirement adequacy through Central Provident Fund (“CPF”) contributions; (ii) compensation for work injuries; and (iii) a legal framework for representation.

Preparations for Platform Workers Act: Work Injury Compensation Insurance, Notification of Platform Operator Status Read More »

EMA, NTU and Enterprise Singapore Developing Playbook on Scope 2 Emission Reduction for Singapore Businesses

To guide businesses to reduce Scope 2 carbon emissions, the Energy Market Authority (“EMA”), the Energy Research Institute @ Nanyang Technological University, Singapore (“NTU”) and Enterprise Singapore announced on 22 October 2024 that they are developing a playbook titled “Powering a Sustainable Future: A Playbook on Scope 2 Emissions Reduction for Singapore Businesses” (“Playbook”).

EMA, NTU and Enterprise Singapore Developing Playbook on Scope 2 Emission Reduction for Singapore Businesses Read More »

Commencement of Second Phase of the United States-Singapore Feasibility Study on Regional Energy Connectivity

On 22 October 2024, the Energy Market Authority (“EMA”) announced that the Ministry of Trade and Industry, EMA and the United States Department of Energy will commence the second phase of the United States-Singapore Feasibility Study on Regional Energy Connectivity (“Study”) through the Net Zero World Initiative.

Commencement of Second Phase of the United States-Singapore Feasibility Study on Regional Energy Connectivity Read More »

Enhancing AML/CFT Audits for Financial Institutions – Singapore’s First Industry-Led Best Practice Paper; MAS Circular on Audits of AML/CFT Policies, Procedures and Controls

On 21 October 2024, the Monetary Authority of Singapore (“MAS”) issued a Circular on “Audit of AML/CFT Policies, Procedures and Controls” (“Circular”).

Enhancing AML/CFT Audits for Financial Institutions – Singapore’s First Industry-Led Best Practice Paper; MAS Circular on Audits of AML/CFT Policies, Procedures and Controls Read More »

MAS Consults on Proposed Regulations, AML/CFT Notice and Guidelines, for Regulatory Framework for Virtual Asset Service Providers under FSMA

The Monetary Authority of Singapore (“MAS”) is consulting (until 4 November 2024) on proposed: (i) Financial Services and Markets Regulations (“FSM Regulations”); (ii) notices, including on anti-money laundering and countering the financing of terrorism (“AML/CFT”); and (iii) other applicable guidelines, for the regulatory framework for virtual asset service providers (“VASPs”) under Part 9 of the Financial Services and Markets Act 2022 (“FSMA”).

MAS Consults on Proposed Regulations, AML/CFT Notice and Guidelines, for Regulatory Framework for Virtual Asset Service Providers under FSMA Read More »

CSA Launches Guidelines on Securing Artificial Intelligence Systems

With the growing deployment of Artificial Intelligence (“AI”) systems, the associated cybersecurity risks have become a major concern, highlighting the importance of making AI secure by design and secure by default. To help organisations adopt AI in a secure manner, the Cyber Security Agency of Singapore (“CSA”) has launched the Guidelines on Securing AI Systems (“Guidelines”) and the accompanying Companion Guide for Securing AI Systems (“Companion Guide”) on 15 October 2024.

CSA Launches Guidelines on Securing Artificial Intelligence Systems Read More »

MPA Sets Out Upcoming Initiatives in Maritime Digitalisation, Decarbonisation and Manpower Development

At the 23rd Singapore International Bunkering Conference (SIBCON) organised by the Maritime and Port Authority of Singapore (“MPA”) and held from 8 to 10 October 2024, Dr Amy Khor, Senior Minister of State for the Ministry of Sustainability and the Environment and the Ministry of Transport, shared the efforts that Singapore has been undertaking to develop and enhance its maritime sector, as well as upcoming initiatives that are set to be implemented.

MPA Sets Out Upcoming Initiatives in Maritime Digitalisation, Decarbonisation and Manpower Development Read More »

Liability for Investment Losses – Court Explores Contractual Rights between Investor and Broker

In Rajesh Harichandra Budhrani v INTL FCStone Pte Ltd and others [2024] SGHC(A) 29, the Appellate Division of the Singapore High Court was faced with a dispute between an investor and a broker-dealer regarding liability for investment losses sustained in margin trading amidst a volatile market.

Liability for Investment Losses – Court Explores Contractual Rights between Investor and Broker Read More »

National Climate Change Secretariat Consults on Singapore’s Decarbonisation Journey

The National Climate Change Secretariat in the Strategy Group, Prime Minister’s Office (“NCCS”) conducted a public consultation from 8 October 2024 to 5 November 2024 seeking the public’s view on Singapore’s climate ambition, transition towards a low-carbon economy, and planned decarbonisation measures.

National Climate Change Secretariat Consults on Singapore’s Decarbonisation Journey Read More »

MAS Consults on Proposed Legislative Changes to Enhance Corporate Governance for BTs and Alignment with REITs and Companies

On 17 September 2024, the Monetary Authority of Singapore (“MAS”) announced its Consultation (closing on 18 October 2024) on various proposed legislative changes to enhance: (i) corporate governance for registered business trusts (“BTs”); and (ii) alignment between the requirements for BTs and the requirements for Real Estate Investment Trusts (“REITs”) and companies.

MAS Consults on Proposed Legislative Changes to Enhance Corporate Governance for BTs and Alignment with REITs and Companies Read More »

Issues in Cross Border Insolvency: Court Addresses Carve-Out for Arbitration Proceedings, Protocol for Inter-Court Communication and Draft Judicial Insolvency Network Guidelines

Where the Court has granted recognition of foreign insolvency proceedings against a company, an automatic stay and suspension of actions or proceedings against that company will arise.

Issues in Cross Border Insolvency: Court Addresses Carve-Out for Arbitration Proceedings, Protocol for Inter-Court Communication and Draft Judicial Insolvency Network Guidelines Read More »

Maritime Disputes and Choice of Forum – Court Considers Issues of Limitation Funds and Security

Maritime disputes often involve parties from different countries, contracts governed by different laws, and events occurring in different jurisdictions. The choice of forum for the resolution of such disputes is thus of particular importance, potentially having significant impact on the outcome, costs, and enforceability of the claims.

Maritime Disputes and Choice of Forum – Court Considers Issues of Limitation Funds and Security Read More »

MAS Extends Existing Suspension of Non-Specified Channels for Cross-Border Money Transfers to the PRC Until Further Notice

On 25 September 2024, the Monetary Authority of Singapore (“MAS”) published the revised Notice PSN11 – Notice on Restrictions in Relation to the Provision of Cross-Border Money Transfer Services to Persons in the People’s Republic of China (“Revised Notice PSN11”).

MAS Extends Existing Suspension of Non-Specified Channels for Cross-Border Money Transfers to the PRC Until Further Notice Read More »

Singapore Launches Updated National Operational Technology Cybersecurity Masterplan

The updated national Operational Technology (“OT”) Cybersecurity Masterplan (“OT Masterplan 2024”) was launched in August 2024. It outlines Singapore’s plans to boost the technical cybersecurity capabilities and competencies of the OT sector so as to tackle new cyber threats to OT systems, and to further enhance the security and resilience of stakeholders.

Singapore Launches Updated National Operational Technology Cybersecurity Masterplan Read More »

MAS Consults on Proposed Extension of Statutory Bail-In Regime to Insurers and DFHCs, New Maximum Duration of Temporary Stays on Reinsurers’ Early Termination Rights

From 12 September 2024 to 11 October 2024, the Monetary Authority of Singapore (“MAS”) conducted a public consultation on its proposed amendments to the Financial Services and Markets (Resolution of Financial Institutions) Regulations 2024 (“FSM-RFI Regulations”).

MAS Consults on Proposed Extension of Statutory Bail-In Regime to Insurers and DFHCs, New Maximum Duration of Temporary Stays on Reinsurers’ Early Termination Rights Read More »

MOF and Customs Consult on Proposed Legislative Changes to Enhance Regulatory and Enforcement Powers and Strengthen Penalties

From 13 September 2024 to 4 October 2024, the Ministry of Finance (“MOF”) and Singapore Customs (“Customs”) consulted on the proposed amendments to the Customs Act 1960 (“Act”) to improve the operational effectiveness of Customs and strengthen its regulatory and enforcement regime.

MOF and Customs Consult on Proposed Legislative Changes to Enhance Regulatory and Enforcement Powers and Strengthen Penalties Read More »

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 »