Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302 Group Lease Holdings Pte Ltd v Group Lease Public Co Ltd [2024] SGHC 302 is an important decision on a variety of issues including the applicable tests for interim prohibitory versus interim mandatory injunctions and whether a contract entered into in...
Category: Legal Update
What Are the Key Employment Obligations and Regulations for Employers in Singapore?
In Singapore, employers have several key legal obligations when it comes to employment matters. These include paying the agreed-upon salary or wages, as outlined in the Employment Act 1968 (the “Act“), which also governs salary payments, deductions, and variable wages. Employment contracts often include provisions for discretionary bonuses. The National Wages Council issues annual wage...
Retrenchment in Singapore: Union Reactions and Corporate Approaches
As we approach the year end, we look back on the year and the numerous layoffs, retrenchments and labour cutting measures that Singapore companies have taken in 2024. It is particularly interesting to note the different levels of scrutiny and publicity each company was subject to. Most recently, Samsung Electronics, Dyson, One Championship and Love,...
Navigating the Intersection of Arbitration and Insolvency
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...
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...
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...
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...