01 October 2016
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FROM THE SUPREME COURT (exclusive to SLW)
Supreme Court Note: Suresh s/o Suppiah v Jiang Guoliang  SGHC 133 (computation of time for limitation periods)
The court the appellant’s action was not time-barred; the date of the cause of action was to be excluded from the computation…
Supreme Court, 29 Sep 2016
Supreme Court Note: Sinwa SS (HK) v Nordic International  SGHC 111 (limitation period for a common law derivative action)
The court held that it was compelled by the language of s 6(1) Limitation Act to reach the conclusion that the plaintiff’s application for leave to commence a common law derivative action did not have the effect of stopping the limitation period...
Supreme Court, 28 Sep 2016
Supreme Court Note: Deepak Sharma v Law Society of Singapore  SGHC 105 (judicial review of a review committee decision)
The court held that the findings and decision of a review committee constituted under the Legal Profession Act was susceptible to review and that any person may make a complaint to the Law Society...
Supreme Court, 27 Sep 2016
Administration of Justice (Protection) Act: Any risk will do – The new law on scandalising contempt in Singapore
This article will focus on the offence of scandalising contempt as its codification represents the most significant departure from the parameters of the hitherto common law offence established by the Court of Appeal...
Law Society of Singapore, 28 Sep 2016
Telecommunications Act and Media Development Authority of Singapore Act: Establishing an alternative dispute resolution scheme for telecommunication and media sector
Ministry of Communications and Information proposed to amend the Telecommunications Act to facilitate deployment of telecommunication systems to ensure continued accessibility and good quality telecommunication services…
28 Sep 2016
Info-communications Media Development Authority Bill 2016 and Government Technology Agency Bill 2016 passed in Parliament
The IMDA and the GTA will replace the Info-communications Development Authority of Singapore and the Media Development Authority of Singapore, and are expected to be established in the second half of 2016…
Allen & Gledhill, 27 Sep 2016
Vulnerable Adults Bill: Ministry of Social and Family Development conducts public consultation
The proposed Bill allows the State to step in for high risk cases where State intervention is necessary to protect and ensure the safety of the vulnerable adult…
Allen & Gledhill, 26 Sep 2016
Administration of Justice (Protection) Act: Upholding the integrity of our justice system and balancing rights
Putting contempt law into statutory form makes it clearer and defines its boundaries. This is important given the penal consequences for contempt…
Ministry of Law, 23 Sep 2016
Consumer Protection (Fair Trading) (Amendment) Bill 2016: Appoints SPRING as administering agency
The main amendments in the Amendment Bill relate to the appointment of the SPRING as the administering agency for the CPFTA as well as relating to SPRING’s and the courts’ powers in the administration of the CPFTA…
Allen & Gledhill, 23 Sep 2016
Are you licensed to claim? The licensing regime under the Singapore Building Control Act
This licensing regime was put in place as part of the government's efforts to upgrade as well as improve the safety and quality standards of the construction sector in Singapore…
Rajah & Tann, 09 Sep 2016
Singapore Bankruptcy Amendment Act comes into force
The Amendment Act looks to, among others changes, raise the minimum debt for initiating bankruptcy proceedings has increased from S$10,000 to S$15,000, introduce a framework with clear exit points and time frames for discharge…
Rajah & Tann, 30 Aug 2016
Income Tax Act: MOF consults on proposed changes to implement 2016 Budget Statement changes and country-by-country reporting
The draft Bill proposes amendments to the Income Tax Act to implement changes announced in the 2016 Budget Statement, enable implementation of Country-by-Country Reporting as part of the base erosion and profit shifting project, and...
Allen & Gledhill, 29 Aug 2016
MCI’s public consultation on changes to the Telecommunications Act and the MDA Act
The most salient amendments that have been proposed include expanding the rent-free Mobile Deployment Space that building owners must provide to mobile operators to cover both rooftop and non-rooftop areas, establishing an ADR scheme ...
Rajah & Tann, 29 Aug 2016
Income Tax Act amended to enable implementation of Common Reporting Standard: MOF seeks comments on draft regulations providing further details
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...
Allen & Gledhill, 26 Aug 2016
Mental Capacity Act: Amendments partially in force; provisions on professional donees and professional deputies not yet in force
The provisions now in force relate to changes to improve the operations of the Public Guardian office, the extension of the protection of a donee and any third party who transacts with the donee to situations where the donee or third party genuinely...
Allen & Gledhill, 24 Aug 2016
Info-communications Media Development Authority Bill 2016 and Government Technology Agency Bill 2016 introduced in Parliament
The IMDA Bill establishes the IMDA and the regulatory and anti-competition functions of the IDA and the MDA will be consolidated within the purview of the IMDA…
Allen & Gledhill, 19 Aug 2016
Employment Claims Bill 2016: Establishment of Employment Claims Tribunal
The Bill aims to facilitate the expeditious resolution of employment disputes by providing for the mediation of such disputes. The Bill also provides for the constitution, jurisdiction and powers of and administration of justice in the ECT...
Allen & Gledhill, 16 Aug 2016
Changes to Child Development Co-Savings Act: Reimbursement for voluntary extended paternity leave and extending co-savings scheme to Singaporean children of unwed parents
To encourage fathers to spend more time with their children from birth, a second week of paternity leave, employers will be reimbursed by the Government for an additional week of leave taken or granted…
Allen & Gledhill, 16 Aug 2016
Trade Marks Act amended to allow appeals against interlocutory decisions issued by the Registrar of Trade Marks
The amendment to the Act allows a party in interlocutory proceedings between two or more parties to appeal to the High Court from a decision of the Registrar in those proceedings if the decision terminates any matter concerning a trade mark...
Allen & Gledhill, 03 Aug 2016
Sections of the New Human Biomedical Research Act in effect
Sections 40 to 63, among others, have come into effect. These sections relate to Codes of practice and ethics, enforcement powers of the Director to stop human biomed research or tissue banking activity and appeals procedure…
WongPartnership LLP, 27 Jul 2016
SHC uses inherent powers to stay proceedings against Hanjin
In Re Taisoo Suk  SGHC 195, the SHC granted Hanjin Shipping's application to stay proceedings against it across jurisdictions to accommodate its rehabilitation proceedings. exercising of the court’s inherent power to make any order necessary to...
Rajah & Tann, 30 Sep 2016
SCA dismisses claims based on unlawful means conspiracy and inducing breach of contract
The SCA in Simgood Pte Ltd v MLC Barging  SGCA 46 held that two of the respondents' dishonest conduct was aimed at concealing the state of affairs from the bank and abusing a loan facility amd not targeted or directed at the appellant...
Allen & Gledhill, 29 Sep 2016
Case Review: Allplus Holdings v Phoon Qui Nyuen  SGHC 144
This article summarises the issues raised in Allplus Holdings v Phoon Qui Nyuen  SGHC 144 and suggests that the principles laid down in this case may not be entirely applicable to a situation where a debtor has unconditionally admitted his liability
Law Society of Singapore, 27 Sep 2016
IPOS Case Summary: Beats Electronics, LLC v LG Electronics Inc.  SGIPOS 08 (whether application was made in bad faith and there was a likelihood of confusion)
The IP Adjudicator decided that the two marks in question were more dissimilar than they were similar, and that it cannot be bad faith to make an application to register a mark that is not even similar to an earlier mark belonging to a third party…
Intellectual Property Office of Singapore, 23 Sep 2016
Latest developments: Intellectual property
This executive summary provides the latest update on the "Ku De Ta" dispute, Lassez trade mark infringement, and Singsung product get up pass off…
Baker & McKenzie.Wong & Leow, 20 Sep 2016
Latest developments: Unjust enrichment; debt capital markets; family law
This executive summary features the cases Singapore Swimming Club v Koh Sin Chong Freddie  SGCA 28, BNY Mellon Corporate Trustee Service Limited v LBG Capital No 1 Plc  UKSC 29 and TDT v TDS & Anor  SGCA 35…
WongPartnership LLP, 20 Sep 2016
SHC refuses to give weight to witness compellability as a factor in the test for forum non conveniens where the witness in question is the Defendant’s brother
As shown in Mann Holdings v Ung Yoke Hong  SGHC 112, in the context of the test for forum non coveniens, the courts not consider the legal non-compellability of foreign witnesses in isolation, but will take into account practical considerations...
Shook Lin & Bok LLP, 19 Sep 2016
SCA: Promissory note holders not bound by arbitration clause in underlying contract
The SCA in Rals International v Cassa di Risparmio di Parma e Piacenza  SGCA 53 held that the assignee’s claim based on a number of promissory notes did not fall within the scope of the arbitration agreement in the Supply Agreement...
Drew & Napier LLC, 19 Sep 2016
SHC affirms that shareholders do not have the automatic right to obtain a company’s financial information
The SHC in Ezion Holdings v Teras Cargo Transport  SGHC 175 clarified that shareholders only have the limited right to obtain audited financial statements of the company at the company’s Annual General Meeting…
Providence Law Asia LLC, 15 Sep 2016
IPOS Case Summary: Consolidated Artists B.V. v The Faceshop Co., Ltd  SGIPOS 07 (irregularity in procedure not detrimental to the interests of any person or party may be corrected as directed by Registrar)
The Registrar decided that while the content of the different versions of the Applicants’ evidence was not identical, the main thrust of the evidence had remained largely intact, and that any detriment suffered by the Opponent can be compensated...
Intellectual Property Office of Singapore, 15 Sep 2016
SCA clarifies the standard of care owed by employers to former employees when providing references
The SCA in Ramesh s/o Krishnan v AXA Life Insurance Singapore  SGCA 47 lays down the standard of care in Singapore for an employer preparing a reference in respect of a former employee…
Baker & McKenzie.Wong & Leow, 14 Sep 2016
Applications against network service providers for discovery of subscriber details – ongoing developments
This executive summary looks at the recent application by QOTD Film Investments and Fathers & Daughters Nevada LLC to seek the NSPs' customer information…
Baker & McKenzie.Wong & Leow, 07 Sep 2016
SHC: Natural justice in arbitral awards
In the case of JVL Agro Industries v Agritrade International  SGHC 126, the court remitted the matter to the tribunal to allow them an opportunity to cure the breach of natural justice; only when it failed to do so did the SHC set aside the award...
Rajah & Tann, 31 Aug 2016
SHC: When will the court order a minority buyout?
The SHC in Koh Keng Chew v Liew Kit Fah  SGHC 140 ordered that the plaintiffs' minority shares in a company should be bought out; a minority buyout ought not to be available as a matter of course and should be made only in exceptional situations…
Rajah & Tann, 24 Aug 2016
Do you have an objection? Goh Yee Lan Coreena v P & P Security Services  SGHC 141
This judgment shows that any party that wishes to object to an NOA must strictly adhere to the WICA’s procedural requirements…
Singapore Law Blog, 19 Aug 2016
SHC: Defamatory internet publications - The need for electronic evidence
The SHC in Qingdao Bohai Construction Group v Goh Teck Beng  SGHC 142 held that the first plaintiff, a China-incorporated company, had no international reputation and failed to show a trading or business reputation...
Baker & McKenzie.Wong & Leow, 18 Aug 2016
SHC: When Is the right time to start an action?
The SHC in Antariksa Logistics v Nurdian Cuaca  SGHCR 10 held that the plaintiff bringing related claims about six years apart was legitimate as it was in the public’s interest to protect the plaintiffs’ ability to raise unlitigated issues...
Rajah & Tann, 15 Aug 2016
SCA dismisses application for leave to commence arbitration proceedings in company’s name
The SCA Sinwa SS (HK) v Nordic International  SGHC 111 held that the claims for which leave was sought were time-barred and the application for leave was held not to be bona fide in the best interest of Nordic International…
Allen & Gledhill, 15 Aug 2016
SHC sets aside arbitral award in JVL Agro Industries Ltd v Agritrade International
The SHC in JVL Agro Industries v Agritrade International  SGHC 126 allowed the application to set aside an arbitral award on the basis that there had been a breach of the rules of natural justice on the basis that JVL had been deprived of...
Clifford Chance, 11 Aug 2016
SCA: Equitable accounting as a means to achieve broad justice between co-owners
The SCA in Su Emmanuel v Emmanuel Priya Ethel Anne  SGCA 30 considered an appeal against an order for the sale of a property and a declaration that the first respondent owns a beneficial interest in proportion to her actual contributions...
RHTLaw Taylor Wessing LLP, 10 Aug 2016
SHC: What makes up a house? Examining the boundaries of ownership of property
The SHC in Peh Kah Chan v Tan Chong Realty  SGHC 135 was faced with a property transfer from the 1950s, and had to consider how far a shophouse owner had rights over the surrounding land…
Rajah & Tann, 08 Aug 2016
SHC: The purpose of the statement of facts in a plead guilty case
This executive summary examines the analysis made by the court on the issue of an adequate Statement of Facts, and the likely practical implications PP v Andrew Koh Weiwen  SGHC 103 would have on future criminal proceedings...
RHTLaw Taylor Wessing LLP, 08 Aug 2016
SCA: Key developments in passing off, instruments of deception and groundless threats of copyright proceedings
The SCA in Singsung v LG 26 Electronics  SGCA 33 re-affirmed the basic principle that the tort of passing off seeks to protect the plaintiff’s goodwill in his business and not specifically his right to the exclusive use of a mark, get-up or logo…
RHTLaw Taylor Wessing LLP, 05 Aug 2016
SCA - Substantive legitimate expectations: Slow and steady
The present article summarises the issues raised in in SGB Starkstrom v Commissioner for Labour  3 SLR 598, and suggests some areas for further reflection…
Law Society of Singapore, 03 Aug 2016
SHC: Enforceability of Chinese judicial settlements in Singapore
The court in Shi Wen Yue v Shi Minjiu  SGHCR 8 held that "mediation papers" are enforceable in Singapore. These are agreements made between disputing parties to resolve a dispute, which are then authenticated and signed by a Judge of the Chinese Cou
Baker & McKenzie.Wong & Leow, 27 Jul 2016
SICC releases first full judgment on liability
The court in Telemedia Pacific Group v Yuanta Asset Management International  SGHC(I) 03 held that the defendants held shares on trust for the plaintiff and were in breach of contract and fiduciary obligations when they sold them…
Rajah & Tann, 20 Jul 2016
You Can Run but You Can’t Hide: Storey, David Ian Andrew v Planet Arkadia Pte Ltd and others  SGHCR 7
While the Court's decision to grant an application for substituted service via the electronic means of Skype, Facebook and an internet message board is welcomed, there remain issues or potential problems in relation to effecting substituted service...
Singapore Law Blog, 20 Jul 2016
SCA: Facts or interpretations?
Lucky Realty Company v HSBC Trustee (Singapore)  SGCA 68 concerned the interpretation of a rent review clause in a lease agreement wherethe appellant’s remaining rental obligation to the respondent was projected to be about $6 million ...
Lee & Lee, 20 Jul 2016
SHC: Application for leave to continue action against an insolvent defendant: A balancing act
The SHC held that in deciding whether leave should be granted to the plaintiff to proceed with an action for breach of contract against an insolvent defendant, it must balance the collective interest of the defendant’s general body of creditors...
Dentons Rodyk & Davidson LLP, 18 Jul 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
There is currently no update in this section. Please check back soon for the latest updates.
The use of social media and internet message boards to effect substituted service in Singapore
This article discusses various jurisdictions’ position on substituted service through social media and, in particular, the Singapore position through Storey  SGHCR 7. It also evaluates the growing role and potential risks of such electronic means...
Law Society of Singapore, 26 Sep 2016
MOM to raise Employment Pass qualifying salary with effect from 1 January 2017
The qualifying salary for Employment Pass applications will be raised from S$3,300 to S$3,600 to keep pace with rising local wages and help maintain the quality of the foreign workforce and enhances their complementarity to the local workforce…
Allen & Gledhill, 22 Sep 2016
Suspicious transaction reports and the Indonesia tax amnesty
Under the tax amnesty contemplated under Tax Law 11/2016, participating taxpayers would have their tax liabilities, including administrative and criminal sanctions, waived upon payment of a redemption charge…
Rajah & Tann, 22 Sep 2016
CCS clears proposed joint venture relating to aircraft maintenance
Although the JV parties’ activities overlap in maintenance, repair and overhaul services, CCS found that the proposed JV was unlikely to substantially lessen competition…
Allen & Gledhill, 21 Sep 2016
Latest developments: Banking and finance, tax, M&A, IP, trust, real estate
This executive summary looks at the revised listings due diligence guidelines issued by the Association of Banks in Singapore, remission on stamp duty on certain conveyance directions, the UKSC Trunki case, Kuntjoro Wibawa v Harianty Wibawa  SGHC...
Dentons Rodyk & Davidson LLP, 16 Sep 2016
Public consultation on proposed changes to Singapore's copyright regime
Ministry of Law and IPO's public consultation on proposed changes to the copyright regime where rights are:reasonable, clear and efficiently transacted…
Baker & McKenzie.Wong & Leow, 16 Sep 2016
MAS responds to feedback on proposed remote clearing membership framework
The proposed regulatory framework would allow overseas clearing members to directly clear their trades with Singapore-based central clearing counterparties thus encouraging a greater diversity of clearing members...
Allen & Gledhill, 15 Sep 2016
ASAS issues Interactive Marketing Communication & Social Media Advertising Guidelines
ASAS has also released guidance notes to complement the Guidelines. These guidance notes help to clarify what arrangements require disclosure, and also set out recommended formats for such disclosures…
Baker & McKenzie.Wong & Leow, 15 Sep 2016
Proposed payments framework and establishment of National Payments Council
MAS is proposing to streamline the Money-Changing and Remittance Businesses Act and Payment Systems (Oversight) Act to create a single piece of legislation that is more calibrated, flexible and forward looking…
WongPartnership LLP, 13 Sep 2016
SGX consults on refinements to the minimum trading price framework
Issuers will therefore be placed on the Watch-List if their volume-weighted average price is less than S$0.20 and their average market capitalisation is less than S$40 million over the six months preceding each review date…
WongPartnership LLP, 09 Sep 2016
All in good faith: Recognising the doctrine of good faith in Singapore’s international sales law
This commentary discusses the interpretation of the doctrine of good faith in international sales contracts by the courts…
Singapore Law Blog, 09 Sep 2016
Latest developments: Healthcare
This executive summary summarises issues relating to the health care industry including consumer complaints to CASE against the beauty industry, AVA recall of buuble milk tea from Taiwan...
Baker & McKenzie.Wong & Leow, 09 Sep 2016
Private wealth planning – Why Singapore
The presence of tax information exchange agreements attract the wealthy to Singapore to leverage the country’s system and structures to house and protect their wealth…
Shook Lin & Bok LLP, 07 Sep 2016
Powering the innovation cycle through intellectual property
Businesses will need the relevant expertise, including legal and accounting expertise, to help them translate their innovations and IP into a strong competitive edge and market share…
Ministry of Law, 07 Sep 2016
Personal liability for false declarations in work pass applications – recent spate of prosecutions
This executive summary looks at the spate of convictions of directors, under which the directors have incurred personal liability for false salary declarations in relation to work pass applications…
Drew & Napier LLC, 06 Sep 2016
Singapore Employment Claims Tribunal to come into operation from April 2017 – whither employment arbitration?
The creation of the Employment Claims Tribunals is a significant and positive development which provides all employees with a dispute resolution alternative to Singapore court proceedings…
JWS Asia Law Corporation, 02 Sep 2016
Consultation paper on review of risk-based capital framework for insurers in Singapore
The latest MAS consultation paper includes the proposal that insurers must currently maintain a minimum capital adequacy ratio of 100% at the company level, and a fund solvency ratio of 100% at the insurance fund level…
Baker & McKenzie.Wong & Leow, 02 Sep 2016
MAS issues response to feedback from consultation paper on insurance returns: Proposed revisions to information requirements and presentation format
The MAS response notes that all asset and liability exposures with related corporations should be disclosed and gives examples of this such as equity securities, debt securities, and cash and deposits, etc…
Allen & Gledhill, 31 Aug 2016
The new 2016 SIAC Arbitration Rules come into effect
The sixth edition of the SIAC Arbitration Rules came into effect on 1 August 2016. The key features of the 2016 SIAC Rules include: a streamlined process to deal with disputes arising out of multiple contracts; consolidation of multiple SIAC arbitrations
Freshfields Bruckhaus Deringer, 30 Aug 2016
MAS consults on draft legislation to exempt dealers from business conduct rules in FAA when providing execution-related advice in respect of listed excluded investment products
The draft legislative amendments are drafted with reference to the feedback received from an earlier consultation on "Regulatory Framework for Intermediaries Dealing in OTC Derivative Contracts, Execution-Related Advice, and...
Allen & Gledhill, 30 Aug 2016
MAS consults on enhancements to regulatory requirements on protection of customer’s moneys and assets
The key changes proposed by MAS are: expanding the definition of customer’s moneys to include contractual rights arising from transactions entered into by a CMS licensee on behalf of or with a customer...
Rajah & Tann, 30 Aug 2016
Dedicated anti-money laundering departments formed; first merchant banking licence revoked since 1984 due to aml compliance failures
The new AML Department aims to streamline existing responsibilities relating to AML and other unlawful financial activities; a new Enforcement Department will also be established to centralise and strengthen AML enforcement functions...
Kennedys Legal Solutions, 26 Aug 2016
MAS releases revised guidelines on outsourcing risk management
Key changes to the Guidelines include introduction of a new section on cloud computing that sets out MAS’ stance on cloud computing; removal of the expectation for financial institutions to pre-notify MAS of material outsourcing arrangements…
WongPartnership LLP, 25 Aug 2016
Surviving Brexit: What we should be asking about IP protection in the UK and EU, following the recent referendum
This article offers a preliminary analysis on the implications of Brexit on intellectual property rights, and suggests some practical steps that may be taken to proactively manage the transition of the UK out of the EU…
Allen & Gledhill, 25 Aug 2016
Construction law in Singapore: A special case - SCL Annual Conference 2016
This full day conference brought together about one hundred and forty participants - legal practitioners, in-house counsel and other professionals from the construction industry from around the region - to discuss the central theme of specialisation...
24 Aug 2016
Personal data protection – Prohibition on transfer of data out of Singapore
Section 26 of the Personal Data Protection Act prohibits the transfer of personal data to a country or territory outside of Singapore except in accordance with requirements prescribed under the Act…
Dentons Rodyk & Davidson LLP, 19 Aug 2016
PDPC revises advisory guidelines and announces new/updated guides and initiatives
The PDPC revised the “Consent Obligation” chapter in the “Advisory Guidelines on Key Concepts in the Personal Data Protection Act” to provide further clarity on the withdrawal of consent requirements...
Allen & Gledhill, 18 Aug 2016
SGX to set up subsidiary company ‘RegCo’ for regulatory functions
SGX announced it will hive off its regulatory arm from its commercial activities following criticisms about the conflict of interest inherent in SGX regulating its own clients…
Morgan Lewis Stamford LLC, 12 Aug 2016
Planning for Brexit
This executive summary examines the effect of Brexit in the future. Legal, regulatory and trading arrangements in particular present many complexities and uncertainties. These must be viewed in the context of the timing of an eventual withdrawal...
RHTLaw Taylor Wessing LLP, 11 Aug 2016
Singapore to become international centre for debt restructuring
Singapore’s Insolvency Law Review Committee made recommendations to update the country’s insolvency laws and noted that the demand for debt-restructuring services in Asia was growing…
Morgan Lewis Stamford LLC, 10 Aug 2016
Third-Party Funding in Singapore: out of the shadows and into the light
Third-party funding is the funding of the costs of legal proceedings by an entity that is unconnected to the dispute. Singapore law currently prohibits third-party funding in both litigation and arbitration, with limited exceptions…
10 Aug 2016
MAS proposes enhanced requirements for protection of client moneys and assets held by capital markets intermediaries
The proposed enhancements govern the protection of client moneys and assets held by Capital Markets Services licence holders and take into account the recommendations of the International Organisation of Securities Commission...
Shook Lin & Bok LLP, 04 Aug 2016
MAS to further strengthen anti-money laundering enforcement
This executive explains the latest MAS move and provide a refresher to law firms wanting to adopt a more robust compliance framework and be even more ready for any heightened inspection regime...
Law Society of Singapore, 02 Aug 2016
Enhanced government-paid employee parental leave entitlements effective 2017
These revisions primarily to the Child Development Co-Savings Act enhance various government-paid leave entitlements which seek to grow the “Singaporean core” internally, by enhancing the government-paid employee parental leave entitlements...
Colin Ng & Partners, 02 Aug 2016
PDPC issues new guide and amends advisory guidelines to help organisations manage requests for access to personal data
The Guide aims to help organisations effectively manage individuals’ requests for access to their personal data in compliance with the Personal Data Protection Act (“PDPA”). The Guide recommends that organisations should establish clear policies...
Allen & Gledhill, 02 Aug 2016
How does Brexit impact employers in Asia?
This executive summary provides the “do’s and don’ts” in handling employee communications on Brexit's effect on employment law…
Linklaters, 29 Jul 2016
Common Reporting Standards and its impact on fund managers
The CRS provides a standardised set of detailed due diligence and reporting rules for financial institutions to follow to ensure consistency in the scope and quality of information exchanged between participating countries…
Colin Ng & Partners, 27 Jul 2016
Revised listings due diligence guidelines issued by the Association of Banks in Singapore
These guidelines are recommended by the ABS as guidance on the due diligence procedures and processes required of its member banks in the context of initial public offerings in Singapore…
Dentons Rodyk & Davidson LLP, 26 Jul 2016
MOM issues Tripartite Guidelines on the Employment of Term Contract Employees
The Guidelines seek to encourage employers to grant certain term contract employees benefits that are ordinarily available only to employees in permanent positions under the existing employment legislation…
Allen & Gledhill, 26 Jul 2016
Getting a prenuptial agreement in Singapore
Although not always enforceable in Singapore, this commentary explores the practical advantages a prenup agreement can offer and clarifies frequently asked questions about getting one…
Colin Ng & Partners, 26 Jul 2016
Business succession planning: Part 1
Like estate planning for individuals, business succession planning requires thorough consideration of the non-legal aspects, such as identifying and training a successor…
Colin Ng & Partners, 22 Jul 2016
[INT] Competition bites – ASEAN and beyond
Competition regulators worldwide have not tired in their enforcement efforts, with multiple infringement decisions being issued and investigations being launched in a varied range of industries…
Rajah & Tann, 22 Jul 2016
MAS directs bank to shut down in Singapore over serious breaches of anti-money laundering requirements
MAS imposed financial penalties amounting to $13.3 million for 41 breaches of AML regulations and has served BSI Bank notice to shut down for serious breaches of AML requirements…
Colin Ng & Partners, 21 Jul 2016
Updated patent registry guidelines: criteria for allowing post-grant amendments in light of recent Singapore cases
In addition to the requirements under s 84 Patents Act, applications for post-grant amendments to patents will be assessed based on criteria such as whether relevant matters are sufficiently disclosed,...
Rajah & Tann, 21 Jul 2016
ACRA issues Enforcement Policy Statement
ACRA will decide whether to take enforcement action by applying the following three key factors: public interest, harm caused by the alleged breach and whether the complaint is bona fide and contains sufficient…
Allen & Gledhill, 21 Jul 2016
ACRA announces new initiatives for corporate service providers and extends time for private companies to update shareholder information for EROM
With the rising economic growth in Asia-Pacific and ASEAN and corresponding increase in demand for CSP services, CSPs are encouraged to continue to raise their professional standing and strive to deliver the highest level services for cross-border cliente
Allen & Gledhill, 18 Jul 2016
ACRA issues Registrar’s Interpretations: Clarifying Companies Act provisions
While not legally binding, RIs are instructive for their practical guidance on interpreting specific provisions of the Companies Act and other business legislation…
Allen & Gledhill, 15 Jul 2016
CCS consultation on amendments to penalty and enforcement guidelines: final opportunity to respond
Amendments include clarifying what forms of infringement would be considered „serious‟ and thus warrant the imposition of a higher financial penalty…
Rajah & Tann, 15 Jul 2016
SIAC announces new arbitration rules 2016
SIAC has introduced a procedure for early dismissal of claims or defences that are manifestly without merit or manifestly outside the jurisdiction of a tribunal...
Morgan Lewis Stamford LLC, 13 Jul 2016
Introduction of sustainability reporting “comply or explain” requirement by SGX
New Rules 711A and 711B have been introduced in the Listing Manual on Continuing Listing Obligations, requiring an issuer to issue a sustainability report for its financial year, no later than 5 months after the end of the financial year...
WongPartnership LLP, 12 Jul 2016
Technology, media and telecommunications quarterly regional update: Halftime Highlights
This executive summary gives an overview of the latest developments in fintech, crowd-funding services and private car hire, ride sharing/carpooling, short term home rentals, and peer to peer lending…
Rajah & Tann, 12 Jul 2016
Remission of stamp duty on certain conveyance directions – Licensed housing developers
This article examines the ways in which an ultimate purchaser may obtain remission of duty that is otherwise chargeable on directions to convey or transfer property to that purchaser...
Dentons Rodyk & Davidson LLP, 12 Jul 2016
Singapore and the Brexit effect
While Singapore companies’ businesses are mainly focused in Asia, and therefore have limited direct UK exposure, those with operations in the UK may record reduced earnings and, correspondingly, downward pressure in stock price...
Morgan Lewis Stamford LLC, 08 Jul 2016
Latest developments: Securities and futures; competition law; litigation and dispute resolution; tort; real estate
This executive summary provides updates on SGX public consultation on listing rules amendments, the Right of Private Action under the Companies Act, the Singapore Choice of Court Agreements Act, the vicarious liability of employers...
Dentons Rodyk & Davidson LLP, 08 Jul 2016
Enhancing the Med-Arb process in Singapore: Lessons from the commonwealth and beyond
The SIAC-SIMC Arb-Med-Arb Protocol was introduced to encourage parties to consider mediation before proceeding to arbitration in Singapore. This executive summary touches on its shortcomings, and recommend suitable changes…
Law Society of Singapore, 04 Jul 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
AMVESINDO and SVCA announce formation of ASEAN venture council
The Singapore Venture Capital & Private Equity Association and the Asosiasi Modal Ventura Untuk Start-Up Indonesia created the ASEAN Venture Council promote the venture capital industry within the ASEAN region…
Morgan Lewis Stamford LLC, 21 Sep 2016
[MYS] Intellectual property case updates - Malaysia
This update looks at the latest IP cases from Malaysia: Doretti Resources v Fitters Marketing; Restoran Oversea Holdings v Overseas Seafood Restaurant...
Rajah & Tann, 30 Aug 2016
[CHN] Regulations for the administration of mobile internet application information services
The Regulations aim to strengthen the management of app information services, promote a healthy and orderly development of the industry, and protect the legitimate rights and interests of the relevant parties...
Rajah & Tann, 25 Aug 2016
[GBR] A picture speaks a thousand words – Lessons from the Trunki case
The case of PMS International Group plc v Magmatic Limited  UKSC 12 emphasises the importance of choosing appropriate design drawing in design registration in order to avoid limiting the scope of protection conferred by registration…
Dentons Rodyk & Davidson LLP, 18 Aug 2016
[IDN] The 2016 Indonesian tax amnesty
Under the Amnesty, participating taxpayers would have their tax liabilities (including administrative and criminal sanctions) waived upon payment of a defined amount referred to as a “Redemption Charge”…
Rajah & Tann, 11 Aug 2016
[INT] Carriers versus Shippers – The Rotterdam Rules: Striking a more appropriate balance
This executive summary explains why and how, compared with the Hague-Visby Rules, the Rotterdam Rules (UNCITRAL) seem, on paper, to strike a more appropriate balance between the oftconflicting interests of carriers and shippers of maritime cargo…
Colin Ng & Partners, 08 Aug 2016
[CHN] Understanding China’s current outbound investments
With policy and financial support from the government, more Chinese companies have strategically planned and developed their investment globally in the past decade…
RHTLaw Taylor Wessing LLP, 04 Aug 2016
[INT] Notification injunction: A novel approach
This executive summary explores Holyoake v Candy  EWHC 970 and suggests that while it may be some time before the requirements of a notification injunction are clearly articulated, there is definitely a place for it in our litigation process...
Law Society of Singapore, 03 Aug 2016
[GBR] English CA opines that an “anti-oral variation” clause in a contract does not necessarily preclude the contract from being varied orally or by conduct
The English CA in Globe Motors v TRW Lucas Varity Electric Steering  EWCA Civ 396 provided the obiter view that an agreement with a specific clause that all amendments to it must be made in writing does not necessarily preclude variations being made
Allen & Gledhill, 03 Aug 2016
[USA] The affirmation of the Open Internet rules in the US and its potential impact on net neutrality in the region
US Court of Appeals ruled that Federal Communications Commission had the expert authority to reclassify broadband as a telecommunications service...
Rajah & Tann, 13 Jul 2016
[EU] Investing in Europe: What do Europe’s new market abuse rules mean for investors?
Some important changes to the regime include a broader scope and a new framework for market soundings. MAR applies in relation to financial instruments admitted to trading on a European-regulated market or multilateral trading facility...
Linklaters, 08 Jul 2016
Supreme Court Note
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