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: Legal Update
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...
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...
Enhanced Penalties under the Personal Data Protection Act (“PDPA”)
On 2 November 2020, the Personal Data Protection (Amendment) Bill was passed in Parliament and set into motion the introduction of several key changes to the Personal Data Protection Act (“PDPA”). Coming into effect on 1 February 2021, some of the amendments to the PDPA included the increase of the cap for financial penalties for...
Foreign Manpower Regulatory Audits by MOM
The Ministry of Manpower’s Foreign Manpower enforcement divisions are stepping up their audit inspections of private sector employers. Prior to inspections, you may (or may not) receive some fairly innocuous correspondence from the Ministry of Manpower such as a survey form. The Foreign Manpower enforcement division checks whether foreign to local dependency ratios are being...