On 19 June 2024, the Privy Council delivered a significant judgment in the case of Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16. This case, emerging from the British Virgin Islands (BVI), deals with the tension between the enforceability of arbitration agreements and the practicalities of insolvency proceedings. The ruling has...
Category: Featured
What is the Effective Date of a Share Transfer?
When does share title pass when you sell shares in a private company? Previously, it passes when the seller and the buyer signs a document called the share transfer form. The date of the share transfer form is the effective date on which the share title passes. Has that position changed with the enactment of...
Sanctions and their effects on Banks and Liquidators in Singapore
Sanctions can affect Singapore parties whether or not they are imposed by Singapore. We have recently had occasion to deal with issues arising out of US sanctions against Venezuela, and European Union and Singapore sanctions against Russia, and have had to consider specific issues relating to the potential liabilities of liquidators and the applicability of...
International Women’s Day – Legal rights and policies aimed at promoting gender equality in Singapore
Women in Singapore already have a range of benefits and protections, including legal rights and policies aimed at promoting gender equality and women’s empowerment. Here are some examples: 1. Workplace protections: We have regulations that prohibit discrimination in the workplace on the basis of gender, and require employers to provide equal pay for equal work....
Budget Updates – The Employment Perspective
On 14 February 2023, the Deputy Prime Minister and Minister for Finance of Singapore delivered the long-awaited 2023 Budget Statement, which sought to showcase the country’s effort moving forward in “building our capabilities and seizing new opportunities in a new era of global development”. Of note, amongst the myriad of policies and changes introduced during...
What to do if My Personal Data is Misused?
Today, we are living in what has been commonly (and aptly) termed the “digital age”, a time where digital technologies leads rapid technology change. In a blink of an eye, our personal data has become one of the most valuable commodities for businesses. From social media to sign up forms to website cookies, our personal...
Use of Private Email Addresses for Work Purposes
The use of private email addresses for work purposes is not an uncommon practice – a recent survey by Avatier showed that nearly 40% of respondents use personal email accounts for work-related emails. Such trends have understandably caused much concern for employers, who fear the business and legal risks of such behaviours. For instance, it...
The Fiduciary Principle: Being a Servant of Two Masters
A review of the key learning points from the case of Tan Teck Kee v Ratan Kumar Rai and others [2022] SGCA 62 The fiduciary duties of directors in companies – now commonly referred to as the no-conflict and no-profit rule – find their roots in the precept that “no man can serve two masters.”...
Recent Developments affecting Cross-Border Transactions
As 2022 draws to a close, we look at some recent developments affecting cross-border transactions. New determinants in cross-border M&A Contrary to popular belief, COVID-19 does not always hamper deal-making. Whilst cross-border M&A saw a dry spell in the early days of the pandemic, now, more than two years after the World Health Organisation first...
Upcoming changes to the PDPA: Introducing Data Portability
Passed in Parliament on 2 November 2020, the Personal Data Protection (Amendment) Bill introduced a slew of amendments and new concepts to the existing framework under the Personal Data Protection Act (“PDPA”). One of the new concepts is that of data portability under the proposed new Part VIB of the PDPA. Although this Part VIB...