02 July 2016
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FROM THE SUPREME COURT (exclusive to SLW)
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Goods and Services Tax Act: Changes to GST policies and administration
The changes allows the Comptroller of Goods and Services Tax to impose travel restriction orders to persons failing to repay wrongly claimed tourist refunds and clarifies the scope of zero-rating in relation to merchandise for sale on board an aircraft...
Allen & Gledhill, 23 Jun 2016
Income Tax Act: Amendments to implement Common Reporting Standard passed
The CRS sets out the financial account information to be exchanged, the financial institutions that are required to report, the different types of accounts and taxpayers covered, and the customer due diligence procedures...
Allen & Gledhill, 22 Jun 2016
Proposed amendments to Consumer Protection (Fair Trading) Act: Appointment of SPRING Singapore as administering agency
The MTI consultation paper proposes that the agency would be granted powers to investigate and gather evidence before filing injunction applications with the courts…
Allen & Gledhill, 17 Jun 2016
Child Development Co-Savings (Amendment) Bill 2016 passed by Parliament: Reimbursement for voluntary extended paternity leave and extending co-savings scheme to Singaporean children of unwed parents
The Bill, which will amend the Child Development Co-Savings Act is aimed at supporting active fatherhood and children of single unwed parents. These changes are not yet in force…
Allen & Gledhill, 16 Jun 2016
Restricting publication of false statements using s15 Protection from Harassment Act
The scope of s 15 Protection from Harassment Act was dealt with in Ting Choon Meng v AG  1 SLR 1248, particularly the purpose of the Act and how its provisions relate to one another…
Law Society of Singapore, 31 May 2016
Monetary Authority of Singapore Act: MAS proposes legislative amendments to enhance the resolution regime for Fis
MAS has proposed a new Division 2 under Part IVA MAS Act under which notified Fis, which are systematically important or that maintain critical functions, will be subject to RRP requirements….
Shook Lin & Bok LLP, 27 May 2016
Standalone Cybersecurity Bill to be tabled next year
The new Bill will ensure that the operators of Singapore’s critical information infrastructure take proactive steps to secure such CIIs and report incidents of cybersecurity breaches and empower the Cyber Security Agency to manage cyber incidents...
Rajah & Tann, 06 May 2016
Mediation Bill: Public Consultation on the draft Bill
The introduction of the Bill gives effect to one of the recommendations made by the International Commercial Mediation Working Group to strengthen the overall framework for mediation in Singapore…
Rajah & Tann, 28 Apr 2016
Singapore ratifies the Hague Convention on Choice of Court Agreements
Singapore’s ratification of the Convention will provide greater certainty to parties to international business transactions litigating before, or enforcing foreign judgments in, the Singapore courts...
Freshfields Bruckhaus Deringer, 28 Apr 2016
Banking (Amendment) Bill 2016 passed: Strengthening prudential safeguards, corporate governance and risk management controls
The Bill looks to enhance prudential safeguards, corporate governance and risk management controls in the banking industry, aligning the regulatory and supervisory framework of the MAS with international best practice…
Allen & Gledhill, 28 Apr 2016
Income Tax (Amendment No. 2) Bill 2016: Proposed changes to implement automatic exchange of financial account information under the Common Reporting Standard
The changes will enable Singapore to fulfil her international commitment to commence automatic exchange of financial account information under the CRS between jurisdictions for tax purposes, with the objective of detecting and deterring tax evasion...
Allen & Gledhill, 25 Apr 2016
Economic Expansion Incentives (Relief from Income Tax) (Amendment) Bill 2016 passed but not yet in force: Implementing Budget 2015 changes
The Bill amends the EEIA by applying maximum tax relief period for each Pioneer Certificate on incentivised activities and for each certificate issued for Development and Expansion Incentive on the incentivised activities…
Allen & Gledhill, 21 Apr 2016
Goods and Services Tax (Amendment) Bill 2016 passed but not yet in force: Changes to GST policies and administration
The Bill amends the GST Act to allow the Comptroller of GST to impose travel restriction orders to persons failing to repay wrongly claimed tourist refunds, to carify the scope of zero-rating in relation to merchandise for sale on board an aircraft or...
Allen & Gledhill, 20 Apr 2016
Income Tax (Amendment) Bill 2016 passed but not yet in force: Implementing Budget 2015 changes
Changes arising from the Income Tax (Amendment) Bill include extending and refining the M&A scheme, enhancing the Double Tax Deduction for Internationalisation Scheme, introducing the International Growth Scheme, and more…
Allen & Gledhill, 19 Apr 2016
Hague Convention on Choice of Court Agreements: Singapore tables bill in Parliament to make Singapore a more attractive dispute resolution venue
The Hague Convention is a significant judgment-recognition convention which strengthens the enforceability of Singapore court judgments abroad and facilitates a more conducive legal environment for cross-border business…
JWS Asia Law Corporation, 15 Apr 2016
Mental Capacity (Amendment) Bill 2016 passed
The Bill introduces the concept of “professional deputies” and “professional donees” and allows the court to revoke a deputy’s or donee’s powers if there is a significant risk of the deputy or donee abusing the donor…
Rajah & Tann, 06 Apr 2016
Latest developments: Banking, construction
This executive summary looks at the cases of Arab Banking Corp (B.S.C.) v Boustead Singapore Ltd  SGCA 26 and Asplenium Land Pte Ltd v CKR Contract Services Pte Ltd  SGHC 85…
WongPartnership LLP, 01 Jul 2016
Green Men and Treacherous Crossings: Asnah bte Ab Rahman v Li Jianlin  2 SLR 944
The SCA held that pedestrian was responsible for keeping a lookout, even when crossing at a signalised pedestrian crossing with the lights were in his favour…
Singapore Law Blog, 01 Jul 2016
No reliance without expectation of returns? Alvin Nicholas Nathan v Raffles Assets  SGCA 18
The SCA held that a tenant could not claim both the costs of relocating from the original premises to the current premises and the wasted costs of renovating the original premises…
Singapore Law Blog, 29 Jun 2016
SHC: Features of design and build contracts
The SHC in Goh Eng Lee Andy v Yeo Jin Kow  SGHC 110 examined the key features of ‘design and build’ contracts and in particular, whether it is necessarily a lump sum contract…
Rajah & Tann, 28 Jun 2016
SHC: Recognition of foreign liquidators – Universalism in Singapore insolvency law
The SHC in Re Opti-Medix Ltd (in liquidation)  SGHC 108 noted that there has been a shift away from the traditional territorial focus in cross-border insolvency towards a more universalist approach, which supports universal cooperation between juris
Rajah & Tann, 24 Jun 2016
SHC: Penalty clauses - How to avoid falling foul of them
The SHC in iTronic Holdings v Tan Swee Leon  SGHC 77 held that even if the provisions were secondary obligations triggered by a breach, they were neither extravagant nor unconscionable; the penalty rule did not apply…
Linklaters, 21 Jun 2016
SHC: Wrongful arrest of a vessel – dealing with applications and appeals
The SHC in The Xin Chang Shu  SGHC 308 considered whether leave of court was required to appeal against the Wrongful Arrest Order and if so, whether leave of court should be granted…
Rajah & Tann, 20 Jun 2016
SHC rejects debtor’s second attempt to raise same arguments in bankruptcy proceedings
The SHC in Liew Kai Lung Karl v Ching Chiat Kwong  SGHC 98 held: although a debtor need only raise triable issues in an application to obtain a stay or dismissal of bankruptcy proceedings, an allegation of a “substantial and bona fide dispute"...
RHTLaw Taylor Wessing LLP, 20 Jun 2016
SHC: Use of social media and internet message boards to effect substituted service
The SHC in Storey, David Ian Andrew v Planet Arkadia  SGHCR 7 dealt with the issue of substituted service through social media and internet message boards…
Baker & McKenzie.Wong & Leow, 15 Jun 2016
SHC allows oppression claim and orders buyout of minority shareholder’s shares
The SHC in Seaquest Enterprise v Agile Accomm  SGHC 51 ordered a buyout of the minority shareholder’s shares at a fair value pursuant to s 216(2)(d) Companies Act as valued by an independent valuer, on the basis of a fair market value...
Allen & Gledhill, 15 Jun 2016
SCA: A bank’s duties under letters of credit and the UCP 600
In Grains and Industrial Products Trading v Bank of India  SGCA 32, the SCA examined the relationship and obligations between beneficiary, issuing bank and the nominated bank under the UCP 600…
Rajah & Tann, 08 Jun 2016
SICC gets off to a flying start: First judgment released only four months after closing submissions
In BCBC Singapore v PT Bayan Resources TBK  SGHC(I) 01, a Singapore company and its Australian parent sought damanges from their Indonesian joint venture partner…
Freshfields Bruckhaus Deringer, 08 Jun 2016
SHC determines novel issues on unfair preference
The SHC in Living the Link v Tan Lay Tin Tina  SGHC 67 determined certain novel issues regarding unfair preference transactions, including whether the court can order the partial reversal of impugned transactions...
Rajah & Tann, 02 Jun 2016
Law on penalties in Singapore – Lessons from a landmark UK Supreme Court decision
What the Cavendish decision means for Singapore remains to be seen. However, since it does not appear to represent a sea-change in the law, it may be that Singapore Courts will consider adopting this broader test to be consistent with the origins of...
Law Society of Singapore, 02 Jun 2016
SHC clarifies scope of prohibition of “repeat claims” under the SOPA
In SHC in Asplenium Land v CKR Contract Services  SGHC 85 decided that a repeat claim that was prohibited under the Security of Payment Act was a payment claim which had previously been brought to adjudication and had been determined on its merits..
Lee & Lee, 01 Jun 2016
SHC holds that leaked privileged and confidential communications freely available online may not be used as evidence
The SHC held in HT SRL v Wee Shuo Woon  SGHC 15 that a court may, under the law of confidence, expunge from a party’s affidavit references to and exhibits of privileged and confidential e-mails hacked from the other party’s computer systems...
Allen & Gledhill, 31 May 2016
SHC finds no likelihood of confusion under section 8(2)(b) of Trade Marks Act on appeal
The SHC, in coming to its decision in Polo/Lauren v United States Polo Association  SGHC 32, took into account the low degree of similarity between the trade marks and the greater attention that the average consumer was likely to pay...
Allen & Gledhill, 27 May 2016
SCA highlights need for statutory demand rules to be read in the context of the Bankruptcy Act
The SCA held in Chan Siew Lee Jannie v Australia and New Zealand  SGCA 23 that a statutory demand is not defective if it only specifies security held by the petitioning creditor which had been provided by the debtor in respect of the debt…
RHTLaw Taylor Wessing LLP, 27 May 2016
SHC: Standing tall – The “Independent Contractor” defence for builders and construction professionals
The SHC in MCST Plan No 3322 v Mer Vue Developments  SGHC 38 considered whether the contractor performed services as a person of business on his own account (the “Independent Business Test”) and the extent of the control exercised by the employer...
Dentons Rodyk & Davidson LLP, 26 May 2016
SHC cautions that the threshold for a trade mark to be considered well-known in Singapore is not minimal and must be applied with caution to maintain the balance of rights
The case of Caesarstone Sdot-Yam v Ceramiche Caesar  SGHC 45 shows that competing marks must be compared as a whole when assessing similarity and the courts exercise greater caution in finding that a mark is well-known in Singapore…
Allen & Gledhill, 26 May 2016
An appeal on the merits unmasked - High Court dismisses application to set aside arbitral award
The SHC in Mount Eastern Holdings Resources v H&C S Holdings  SGHC 01 dismissed the application to set aside the tribunal’s award, finding that there was no breach of natural justice…
Dentons Rodyk & Davidson LLP, 25 May 2016
Auction house Christie’s succeeds in opposing registration of competitor’s Chritrs mark
The opponent in Christie Manson & Woods v Chritrs Auction  SGIPOS 01 succeeded on the ground that the application mark was applied for in bad faith with the Registrar rejecting the other grounds...
Baker & McKenzie.Wong & Leow, 25 May 2016
SHC: Grant of security may be avoided as a transaction at an undervalue?
The SHC in Encus International v Tenacious Investment  SGHC 50 observed that it may be possible for the grant of security to amount to a transaction at an undervalue under s 98 Bankruptcy Act...
Allen & Overy LLP, 24 May 2016
SCA considers shipowner's liability under the concept of agency by estoppel
The SCA in The "Bunga Melati 5"  SGCA 20 discussed one of the established exceptions to the doctrine of privity of contract - the principle of agency...
Baker & McKenzie.Wong & Leow, 24 May 2016
SCA: Whether “third party security” has to be specified in a statutory demand
The SCA in Chan Siew Lee Jannie v ANZ  SGCA 23 held that a statutory demand issued to a guarantor would not be defective, as neither the Bankruptcy Act nor the Bankruptcy Rules require a petitioning creditor to specify the details of security...
Shook Lin & Bok LLP, 20 May 2016
Jail term for company director of "shell" company for Employment of Foreign Manpower Act offence
The company director was convicted for btaining work passes for foreign workers without the intention of employing them and subsequently not providing them with actual employment…
Baker & McKenzie.Wong & Leow, 13 May 2016
SHC declines section 216A application to take over conduct of on-going suit
The SHC in Chong Chin Fook  SGHC 24 held the application by a shareholder to take over the conduct of the on-going suit launched by the company had not been made in good faith, and to do so was not prima facie in the interests of the company...
Allen & Gledhill, 12 May 2016
Ser Kim Koi v GTMS Construction Pte Ltd: A timely reminder for architects
The SCA in Ser Kim Koi v GTMS Construction  SGCA 7 affirmed that the granting of temporary finality to an architect’s certificate is subject to certain conditions stipulated under cl 31(13) of the SIA Conditions…
Baker & McKenzie.Wong & Leow, 12 May 2016
SCA considers scope of “own name” defence in trade mark infringement claim
The SCA in The Audience Motivation Company Asia v AMC Live Group China  SGCA 25 held that AMC Live was not able to rely on the own name defence under s 28(1) of the Trade Marks Act as its use of its marks did not follow honest practices…
Drew & Napier LLC, 11 May 2016
SCA: Look out before you cross! A commentary on Asnah Bte Ab Rahman v Li Jianlin  SGCA 16
The SCA in this case, in a 2:1 split, held that a pedestrian, crossing a pedestiran crossing, had a duty to ensure that all vehicles have come to a stop even if the lights are in his favour...
Joseph Tan Jude Benny LLP, 11 May 2016
SCA clarifies what damages a tenant can claim when a landlord prematurely ends tenancy
The SCA in Alvin Nicholas Nathan v Raffles Assets  SGCA 18 held that a tenant could not claim both the costs of relocating from the original premises to the current premises and the wasted costs of renovating the original premises…
Lee & Lee, 10 May 2016
SHC holds that directors can be held personally liable for a company’s undue preference transactions
The SHC in Living the Link v Tan Lay Tin Tina  SGHC 67 held that defendant director can be held personally responsible for restoring the company to the position it would otherwise have been but for undue preference transactions...
Providence Law Asia LLC, 10 May 2016
Intellectual property update: Singapore, Malaysia and Indonesia
This executive summary compiles a selection of recent published cases relating to intellectual property in Singapore, Malaysia and Indonesia...
Rajah & Tann, 10 May 2016
SCA overturns decision of the high court and resolves ambiguity in employment contract in favour of the employer
The SCA in Hewlett-Packard Singapore v Chin Shu Hwa Corinna  SGCA 19 held that in construing a contract, the court had to take an objective interpretation of the terms and ask what a reasonable person in the position of the respective parties...
Baker & McKenzie.Wong & Leow, 06 May 2016
SHC: When does an arbitration clause prevail?
The SHC in Maybank Kim Eng Securities v Lim Keng Yong  SGHC 68 used its inherent powers to stay court proceedings pending the outcome of a related arbitration, even though this meant not giving full effect to an agreement for the exclusive...
20 Essex Street, 05 May 2016
SHC: Obtaining a judgment on the merits in Singapore for the purpose of enforcement overseas
The SHC in Seagate Technology International v Vikas Goel  SGHC 12 held that, because Indian law did not recognise a foreign judgment obtained by default, the most appropriate course of action was to adduce evidence in the normal course of trial and
Shook Lin & Bok LLP, 25 Apr 2016
SHC: Obtaining discovery against banks
The SHC in La Dolce Vita Fine Dining v Deutsche Bank  SGHCR 3 stipulated the criteria to fulfil to obtain pre-action discovery against a bank without breaching banking secrecy rules…
Rajah & Tann, 20 Apr 2016
Should the availability of the SICC impact forum non conveniens doctrine?
The SHC in Accent Delight International v Bouvier, Yves Charles Edgar  SGHC 40 dealt with the issue of whether the fact that a plaintiff's substantive claims may be unavailable under a foreign law which possibly applies to the dispute affect...
Singapore Law Blog, 19 Apr 2016
SHC dismisses businessman’s claim in negligence against his surgeon and medical centre
The SHC in Hii Chii Kok v Ooi Peng Jin London Lucien  SGHC 21 held that the proper standard to apply in medical negligence is that set out in Bolam and supplemented by Bolitho, which is applicable to diagnosis, advice as well as to treatment…
Allen & Gledhill, 18 Apr 2016
SHC lays down new principles in defamation law
The SHC in Isabel Redrup Agency v A L Dakshnamoorthy  SGHC 30 held that, for the purpose of extending absolute privilege to police reports, protecting police reports and complaints to authorities with absolute privilege could encourage false...
Allen & Gledhill, 15 Apr 2016
SHC grants plaintiff leave to bring s 216A derivative action
The SHC in Yeo Sing San v Sanmugam Murali & Anor  SGHC 14 held that the plaintiff had met the requirements of s 216A Companies Act, being the case was brought before the court in good faith and the action was prima facie in the interests of...
Allen & Gledhill, 12 Apr 2016
The art of crossing: The pedestrian and contributory negligence - Bte Ab Rahman v Li Jianlin  2 SLR 944
The SCA in Asnah Bte Ab Rahman v Li Jianlin  2 SLR 944 held that pedestrians must check for oncoming vehicles when crossing roads, even if the traffic light is in their favour.
Singapore Law Watch, 22 Jun 2016
The single economic entity doctrine in competition law
This executive summary seeks to explain the single economic entity doctrine under competition law; address common questions and misconceptions regarding the doctrine; and highlight the implications for businesses…
Law Society of Singapore, 01 Jul 2016
Learning to manage
A top-class legal practitioner isn’t necessarily an ideal law firm leader, and lawyers can sometimes find themselves out of their depth when it comes to running a firm…
Thomson Reuters, 30 Jun 2016
State Courts Practice Directions (Amendment No 1 of 2016): Enhancing measures to promote early and effective resolution of motor accident and personal injury claims
The aim of the changes to the PDs is to facilitate greater adherence to them by the parties even before legal proceedings are being commenced…
Law Society of Singapore, 29 Jun 2016
How an RTO achieves a win-win for all
An RTO can be an attractive route for a company to gain a listing for the following reasons: an agreed valuation and pricing upfront; there is no requirement for underwriting and no need for book-building…
Shook Lin & Bok LLP, 24 Jun 2016
Singapore joins international framework for implementing BEPS
Under the framework and as a BEPS Associate, Singapore will participate in developing and monitoring the implementation of the BEPS measures, along with other BEPS Associates...
Baker & McKenzie.Wong & Leow, 23 Jun 2016
MAS responds to feedback on proposals for securities-based crowdfunding
In the response, the MAS stated that it will proceed with the proposed easing of financial requirements for Dealing Licensees by lowering the base capital requirement from S$250,000 to S$50,000, and removing the requirement to maintain a security deposit
Rajah & Tann, 23 Jun 2016
MinLaw consults on recommendations to strengthen Singapore as an international centre for debt restructuring
The recommendations are aimed at enhancing the legal framework for restructurings, creating a restructuring friendly ecosystem and addressing a perception gap that may exist with practitioners who have no direct experience with the insolvency regime...
Allen & Gledhill, 21 Jun 2016
Singapore signs anti-corruption declaration
The Declaration sets out high-level goals to combat corruption. Singapore submitted a country statement to be annexed to the communique attached to the Declaration…
Allen & Gledhill, 20 Jun 2016
MAS announces policy posture on securities-based crowdfunding
The MAS consultation and the policy posture relate only to securities-based crowdfunding, which refers to the offer of securities - whether in the form of debt or equity instruments - via a crowdfunding platform...
Shook Lin & Bok LLP, 17 Jun 2016
MOM to introduce stiffer enforcement penalties and enhanced support programmes to address workplace accidents
The minimum Stop-work Orders period has been increased from two weeks to three weeks…
Allen & Gledhill, 16 Jun 2016
MAS issues consultation paper on FinTech regulatory sandbox guidelines
The proposed Guidelines is intended to set out the objective and principles of the Sandbox, as well as provide guidance on the application process…
Rajah & Tann, 15 Jun 2016
ABS enhances due diligence guidelines for listings with effect from 13 May 2016
Key changes include considering if recent resignations or changes of management, directors and controlling shareholders may have been due to reasons that raise questions about the issuer or about the conduct or attitudes of the remaining management...
Allen & Gledhill, 14 Jun 2016
CCS leads efforts to develop ASEAN Competition Policy and Law Programme to align competition policy and law in ASEAN
The CPL Programme aims to provide a platform to bring together businesses from the ASEAN Economic Community Blueprint 2015 priority sectors, senior officials from ASEAN government agencies, and experts in their fields to network and build relationships...
Allen & Gledhill, 14 Jun 2016
The Mergers and Acquisitions Incentive Scheme for Singapore companies
Under the M&A Scheme, an acquiring company that acquires the ordinary shares of another company during the period 1 April 2016 to 31 March 2020 is granted an M&A allowance equivalent to 25% of the value of the acquisition for each YA...
Dentons Rodyk & Davidson LLP, 10 Jun 2016
MAS signs FinTech Bridge cooperation agreement with UK financial authority
Regulatory Cooperation Agreement will enable the regulators in UK and Singapore to refer FinTech firms to their counterparts across the globe…
Allen & Gledhill, 09 Jun 2016
SGX amends SGX-DC Clearing Rules and Futures Trading Rules to offer “affiliate segregation” as an option to SGX-DC clearing members
Affiliate segregation is an arrangement that protects the collateral of a SGX-DC clearing member’s affiliates from use in the event the clearing member defaults in respect of its own contracts only…
Allen & Gledhill, 09 Jun 2016
MAS eases regulations on sale of corporate bonds to retail investors
Issuers which meet the eligibility requirements relating to their risk profile will be able to offer bonds directly to retail investors in denominations as little as S$1,000 without the need for a prospectus…
Rajah & Tann, 07 Jun 2016
Recent moves towards gas trading hubs in Asia: implications for Asian gas buyers and sellers
The significance of a gas trading hub is that, if it develops sufficient liquidity, it might establish a “market price” for natural gas and thereby call into question the appropriateness of oil-indexed pricing models…
Freshfields Bruckhaus Deringer, 07 Jun 2016
Right of first refusal in relation to real estate
This article aims to provide an overview of what constitutes a right of first refusal (ROFR) in relation to real estate and the salient considerations to be borne in mind by parties considering a ROFR agreement…
Dentons Rodyk & Davidson LLP, 06 Jun 2016
CCS Paper on quantifying the benefits of competition enforcement
The CCS's paper examines, on a quantitative basis, the effects of enforcement of competition law and competition advocacy efforts…
Rajah & Tann, 06 Jun 2016
Two sets of revised tripartite guidelines recently released
In ine with the government's policy to raise the re-employment age from 65 to 67 on 1 July 2017, the Tripartite Committee on the Employability of Older Workers issued a set of revised Tripartite Guidelines on the Re-employment of Older Workers…
WongPartnership LLP, 06 Jun 2016
The balanced scorecard framework for financial advisers: A Pandora’s box?
The Balanced Scorecard Framework determes the remuneration of representatives and supervisors in the financial advisory industry and came into force on 1 January 2016.
Law Society of Singapore, 02 Jun 2016
Venture Debt Programme – A new source of funding development plans for emerging entities
The Venture Debt Programme is a government-led initiatives that expands the range of capital raising options available to entrepreneurs in Singapore. It aims to provide local early stage and high growth SMEs with a new financing option for business...
Dentons Rodyk & Davidson LLP, 01 Jun 2016
PDPC issues advisory guidelines on enforcement of the data protection provisions and takes action against 11 organisations for breaching data protection obligations
The PDPC also issued the Advisory Guidelines on Enforcement of the Data Protection Provisions that provide guidance on the manner in which the PDPC will interpret the PDPA’s provisions relating to enforcement of the Data Protection Provisions...
Drew & Napier LLC, 31 May 2016
Steady progress in IP cooperation between Singapore and Cambodia, expediting quality patent grants
The MOU between the two countries aims to make protection of IP more accessible to businesses and creators with closer tie-ups between the IP regimes of the two countries...
Allen & Gledhill, 24 May 2016
IPOS launches Mediation Promotion Scheme to fund IP mediation
The objective is to encourage parties in IPOS proceedings to opt for mediation by funding parties’ mediation costs up to S$5,000 per mediation case…
Allen & Gledhill, 20 May 2016
Latest developments: Healthcare
This executive summary looks at the US agencies' draft streamlined clinical trial protocol template to help investigators, changes to Singapore's import declaration requirements for health products…
Baker & McKenzie.Wong & Leow, 20 May 2016
Singapore's 2016 Budget: Tax implications for the wealth management industry
This executive summary hightlights the changes relating to the wealth mangement industry including extending and refining the tax incentive scheme for trustee companies, introducing the Business and Institutions of Public Character Partnership Scheme…
Baker & McKenzie.Wong & Leow, 16 May 2016
Proposed changes to employee benefits: A summary
The latest legislative changes cover parental benefits which enhance the position of fathers, adoptive and unwed mothers, and re-employment policy changes which encourage the hiring of older workers...
Allen & Gledhill, 16 May 2016
MAS establishes FinTech Office, announces upcoming public consultation on regulatory sandbox, and organises Singapore FinTech Festival
The FinTech Office will coordinate a whole-of-government approach to develop the FinTech ecosystem in Singapore and support MAS’ vision of fostering a Smart Financial Centre…
Rajah & Tann, 13 May 2016
New Double Taxation Agreement in force between Luxembourg and Singapore
The DTA is expected to enhance trade and investments between the two Contracting States by reducing and/or eliminating withholding taxes on passive income and by improving the tax treatment of income derived from the shipping and...
Luther LLC, 13 May 2016
PDPC enforcement actions: Three lessons for your organisation
This executive summary provides steps to adopt for pre- and post-data breaches in light of the Personal Data Protection Commission's enforcement actions against organisations for breaching their data protection obligations…
Linklaters, 12 May 2016
Trans-Pacific Partnership Agreement (TPP): Anti-corruption principles
The TPP seeks to enhance trade and investment through, among other things, raising standards amongst the parties. This executive summary highlights TPP standards on anti-corruption from Chapter 26 of the TPP on Transparency and Anti-Corruption...
Baker & McKenzie.Wong & Leow, 11 May 2016
This executive summary covers the early stages of insolvency – identifying the warning signs, and the legal tests for when a company is deemed to be insolvent…
Clyde & Co, 10 May 2016
Block chain – the biggest thing since the internet?
Block chain is best known as the technology which underpins Bitcoin which provides huge application potential in the areas of finance, government, smart contracts and asset tracking but faces limitations with its heavy reliance on huge processing power…
RHTLaw Taylor Wessing LLP, 09 May 2016
New leave enhancements for father and adoptive mothers from 2017
Additionally, working mothers will be able to share up to four weeks of their paid maternity leave with their husbands for children born from 1 July 2017…
Baker & McKenzie.Wong & Leow, 06 May 2016
ASEAN Common Prospectus Framework – how will this attract and influence equity fund raising?
The Framework seeks to reduce the time taken for ASEAN issuers to offer cross-border securities and also facilitates rapid access for issuers to tap capital across ASEAN.
Shook Lin & Bok LLP, 06 May 2016
PDPC issues report on enforcement actions taken against errant companies and new advisory guidelines on enforcement
PDPC also issued a new set of Advisory Guidelines on Enforcement of the Data Protection Provisions, providing greater clarity on the Commission’s approach to enforcement actions…
Rajah & Tann, 05 May 2016
Joint tenancy - an independent doctrine of ownership or merely a tenancy in common in waiting?
This executive summary shows how a joint tenancy can be divided into specified shares…
RHTLaw Taylor Wessing LLP, 05 May 2016
Benchmark sentences for NS overseas defaulters with a substantial connection to Singapore
The SHC in PP v Chow Chian Yow Joseph Brian  2 SLR 335 clarifies the sentencing guidelines for National Service overseas defaulters and affirms that the sentencing of such NS overseas defaulters is generally premised on the fair share argument…
RHTLaw Taylor Wessing LLP, 03 May 2016
The Trans-Pacific Partnership and intellectual property: Potential changes in Singapore, Malaysia and Vietnam
This executive update gives a snapshot of the level of compliance of the current laws of Singapore, Malaysia and Vietnam with the IP provisions of the TPP, and provide some examples of areas where changes may be forthcoming in future....
Rajah & Tann, 03 May 2016
Fair play and match fixing: A dialogue on Tan Seet Eng v Attorney-General
Two lawyers, Calvin Liang and Tham Lijing discuss Tan Seet Eng v Attorney-General…
Law Society of Singapore, 03 May 2016
A primer on the simplified civil process for Magistrate’s Court cases
This executive summary dissects O 108 Rules of Court governs all civil proceedings before the Magistrates’ Courts and provides a simplified process to facilitate the fair, expedient, and inexpensive determination of small value claims…
Law Society of Singapore, 29 Apr 2016
Cyber security 101 - Singapore
This executive update looks at the key legislation governing cyber security in Singapore, the main actors in this field, their motivations and methods, and defences against cyber attacks...
RHTLaw Taylor Wessing LLP, 29 Apr 2016
2016: A manpower-lean and productive economy, with a strong Singaporean core
This executive summary will provide a brief summary of these policy thrusts and other key announcements put forward by the Ministry of Manpower during the Committee of Supply debate…
Rajah & Tann, 29 Apr 2016
SGX consults on rule amendments to introduce new derivatives trading and clearing system SGX Titan
SGX Titan is scheduled to replace QUEST-DT, its current derivatives trading system and SGXClear, its current clearing system for all derivatives…
Allen & Gledhill, 29 Apr 2016
New measures to strengthen the local workforce announced in Parliament
The new measures to be put into place will include refining the processing of Employment Pass applications, as well as providing further assistance to unemployed Singaporeans and the employers who hire them…
WongPartnership LLP, 21 Apr 2016
MinLaw and IPOS complete review of Singapore’s registered designs regime
The review recommendations aim to enhance the existing registered designs regime to better support Singapore’s economic and design initiatives, including a broader scope of design protection, the designer of a design is the default owner…
Allen & Gledhill, 18 Apr 2016
Latest developments: Data protection
This executive summary looks at the emergence of new regulatory instruments and frameworks in APAC and in Europe, as courts, governments, and regulators continue to grapple with rapid advancements in new technologies and their implications...
Drew & Napier LLC, 15 Apr 2016
Budget 2016 – Tax Updates
This executives summary highlight the tax changes announced in Budget 2016 including the new Automation Support Package which was introduced to boost the productivity of Singapore’s economy…
Rajah & Tann, 14 Apr 2016
The Panama Papers leak: Implications for organisations and individuals in Singapore
The leakage of some 11.5 million documents from Mossack Fonseca has served to refocus the attention of regulators and enforcement agencies on the fact that offshore companies continue to be widely and extensively used as a means to hold assets securely...
Shook Lin & Bok LLP, 12 Apr 2016
CCS accepts Singapore-specific commitments and clears proposed merger of airfield lighting suppliers
The CCS cleared ADB BVBA's proposed acquisition of Safegate International AB after accepting the commitments provided by the Parties to address potential competition concerns…
12 Apr 2016
CCS penalises 10 financial advisory companies for pressuring the withdrawal of a competing life insurance offer
CCS found that there was general agreement during a meeting and subsequent further coordination among the parties to pressurise the Company to withdraw its Fundsupermart Offer within a few days of launching the offer…
Allen & Gledhill, 11 Apr 2016
New initiatives for the growth of the Singapore fund management industry
The Open-End Investment Companies programme provides a more efficient fund administration structure for asset managers, which allows for an umbrella fund structure containing several sub-funds to be set up…
Colin Ng & Partners, 11 Apr 2016
SGX proposes mandatory minimum allocation of 10% of total offer size to public subscription tranche of IPOs
The proposed changes will impact not only companies but also, with the necessary adaptations, business trusts and real estate investment trusts seeking a listing on the Mainboard…
Allen & Gledhill, 06 Apr 2016
Key changes to Singapore employment landscape in 2016
This update seeks to highlight some of the main changes expected to come into effect this year, namely, the requirement for employers to issue itemised payslips, issue key employment terms in writing and maintain employment records and...
Colin Ng & Partners, 06 Apr 2016
[IND] Understanding the new Insolvency Code – Part I: Debt restructuring for corporate debtors
This executive summary deals with the debt restructuring process contemplated under the Insolvency and Bankruptcy Code, 2016 of India for corporate debtors with a view to re-establishing the debtor as a viable economic entity...
Linklaters, 29 Jun 2016
[GBR] Latest developments: Intellectual property
This executive summary features the latest judgments from the UK: England and Wales Cricket Board v Tixdaq  EWHC 575, Design & Display v Ooo Abbott  EWCA Civ 95, London Taxi Corporation Ltd v Frazer Nash Research  EWHC 52…
WongPartnership LLP, 21 Jun 2016
[EU] New e-commerce regulations proposed by European Commission
The proposed Geo-blocking Regulation prohibits businesses operating in the EU from directly or indirectly discriminating between customers based on the customers’ nationality, place of residence, or place of establishment…
Rajah & Tann, 14 Jun 2016
[GBR] In dire straits: The true nature of bunker supply contracts, and where now for affected shipowners after OW bunker’s insolvency?
The case of PST Energy 7 Shipping v O.W. Bunker Malta  UKSC 23 centres on the question of whether the contract between a shipowner and the OW Bunker subsidiary company for the provision of bunkers is or is not a contract for the sale of goods…
20 Essex Street, 10 Jun 2016
[GBR] UK Supreme Court Press Summary: PST Energy 7 Shipping LLC v O W Bunker Malta Ltd (whether contract between a shipowner and OW Bunker subsidiary is contract for sale of goods)
The shipowner-OW contract was not a contract for sale and ING (as OW Bunker’s assignee) is entitled to claim the contract price…
UK Supreme Court, 07 Jun 2016
[GBR] UK Supreme Court Press Summary: Cargill International v NYK Bulkship (Atlantic)  UKSC 20 (whether third party is charterer's agent)
“Agents” is not used in its strict legal sense, but is used to refer to persons or subcontractors to whom the charterers’ rights are made available further down the chain, or who satisfy the time charterers’ obligations that have been delegated to them…
UK Supreme Court, 16 May 2016
[AUS] High Court of Australia Judgment Summaries: Attwells & Anor v Jackson Lalic Lawyers Pty Limited  HCA 16 (legal professional immunity from suit)
A majority of the HCA held that the advocate's immunity from suit does not extend to negligent advice given by a lawyer which leads to the settlement of a case by agreement between the parties embodied in consent orders…
High Court of Australia, 12 May 2016
Supreme Court Note
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