ArticleMAS Consults On New Guidelines On Individual Accountability And ConductSet out below, are the five accountability and conduct outcomes, and our comments on them.SingaporeFinance and BankingShook Lin & Bok
ArticleThe Singapore Variable Capital Company ("VCC")The VCC is a new Singapore fund structure that will go live by the end of 2019. The VCC Act was passed in October 2018 and the draft regulations were released on 30 April 2019 for public consultation.SingaporeFinance and BankingShook Lin & Bok
ArticleVirtual Currencies: More Than Just A (Digital) TokenFinancial technology or "FinTech" is transforming and revolutionising financial services like never before, bringing to bear exciting innovations ranging from robo-advisers to crowdfunding platforms. SingaporeTechnologyShook Lin & Bok
ArticleIntroduction To Digital Asset ExchangesGiven the proliferation of digital assets, this article seeks to give a general overview of the types of exchanges which facilitate public access to digital assets as well as consider the Singapore...SingaporeTechnologyShook Lin & Bok
ArticleSingapore Court Of Appeal Affirms The Requirement For Members' Consent In Voluntary Winding UpUnder Section 290 of the Companies Act ("CA"), a company may be wound up voluntarily either (a) on a general resolution of the members, if certain constitutional requirements are met;...SingaporeCorporate/Commercial LawShook Lin & Bok
ArticleStrengthening Singapores Statutory Restructuring Regime With Features From The US Chapter 11 RegimeThe Singapore Companies Act (Amendment) Bill 2017 is poised to revolutionise Singapore's restructuring and insolvency framework. SingaporeCorporate/Commercial LawShook Lin & Bok
ArticleEnd Of The Road For RFMCs, New Era For FMCsWe believe the unannounced RFMC regime repeal date (R Day) should be sometime in 2024, or early 2025.SingaporeFinance and BankingShook Lin & Bok
ArticleMAS Consults On Proposed Changes To Complex Products RegimeOn 3 November 2021, MAS issued a consultation paper inviting public comments on proposed changes to the complex products regime, which generally requires capital markets products to be classified as either an Excluded Investment Product ...SingaporeFinance and BankingShook Lin & Bok
ArticleProhibition Against Assignment Of Receivables – A Charge As An Alternative?The High Court also held that there was no required mutuality of debts for insolvent set-off to occur, if the debt was charged to another party. SingaporeFinance and BankingShook Lin & Bok
ArticleChan Siew Lee Jannie V Australia And New Zealand Banking Group Ltd [2016] SGCA23 - Whether "Third Party Security" Has To Be Specified In A Statutory DemandIn Chan Siew Lee Jannie v Australia and New Zealand Banking Group Ltd [2016] SGCA 23, the Singapore Court of Appeal was faced with the issue of whether a statutory demand issued to a guarantor would be deemed defective...SingaporeInsolvency/Bankruptcy/Re-StructuringShook Lin & Bok
ArticleChoice Of Court Agreements Act 2016 – A Boon For Bankers?Singapore's recent enactment of the Choice of Court Agreements Act 2016 (No. 14 of 2016) has given effect to the Hague Convention on Choice of Court Agreements 2005...SingaporeLitigation, Mediation & ArbitrationShook Lin & Bok
ArticleArbitral Tribunal Orders Credit Insurer To Pay On The Insured's Claim On A Credit Insurance Policy In Full; Rejects Credit Insurer's Defences To The Insured's Claim As Being Without MeritFollowing the respondent Credit Insurer's refusal to pay on a claim made by the claimant Bank on a credit insurance policy covering the risk of non-payment of trade receivables assigned to the Bank under a receivables purchase facility, ...SingaporeInsuranceShook Lin & Bok
ArticleFinancing The Takeover Of A REIT / Business TrustIn recent years, there have been several proposed buyout deals involving REITs and Business Trusts, the most recent being the proposed privatisation exercise by Croesus Retail Trust (CRT). SingaporeCorporate/Commercial LawShook Lin & Bok
ArticleTaking Stock On Dual Class Shares Discussions In SingaporeSingapore and Hong Kong recently revived the discussion on dual-class share ("DCS") structures in order to accommodate listing of new economy companies in industries such as information technology and life sciences.SingaporeCorporate/Commercial LawShook Lin & Bok
ArticleMAS Proposal On Robo-AdvisersBack-testing and gap analysis should also be performed whenever any changes are made to the client-facing tool.SingaporeFinance and BankingShook Lin & Bok
ArticleShare Buybacks – Secret Weapon?Further, under Singapore law, there can be specific advantages to repurchased shares. SingaporeCorporate/Commercial LawShook Lin & Bok
ArticleABS Issues Updated Guidelines For Outsourced Service ProvidersThe Association of Banks in Singapore ("ABS") had on 1 June 2017 released a revised version of the Guidelines on Control Objectives and Procedures for Outsourced Service Providers (the "Guidelines"). SingaporeEmployment and HRShook Lin & Bok
Article"All-Monies Mortgage" – Form And Also SubstanceThe Plaintiff brought the suit to recover the remaining sums under the Revised Credit Facilities.SingaporeFinance and BankingShook Lin & Bok
ArticleProposed Amendments To The Securities And Futures Act, Financial Advisers Act And Trust Companies ActThe Monetary Authority of Singapore has issued a consultation paper on 18 September 2015 with proposals to amend the SFA, FAA and the TCA, for the purposes of enhancing its supervisory powers and the business conduct requirements for regulated persons. SingaporeFinance and BankingShook Lin & Bok
ArticleSingapore High Court Refuses Application For First Case Of Super Priority Rescue Financing – A Comfort And Caution For BanksSingapore recently implemented a bold set of US Chapter 11 inspired restructuring laws that allow super priority rescue financing over unsecured or secured creditors.SingaporeInsolvency/Bankruptcy/Re-StructuringShook Lin & Bok