This update looks at some of the proposed changes recently published in a Singapore Exchange Regulation consultation paper which seeks to facilitate the restructuring process for issuers under Singapore’s Insolvency, Restructuring and Dissolution Act 2018, which will enable issuers to restructure more efficiently and lessen the regulatory burden when they are trying to manage their financial affairs and meet time-sensitive milestones.
The Monetary Authority of Singapore has responded to feedback on its proposal to repeal the regulatory regime for Registered Fund Management Companies (RFMCs) and application of such RFMCs to become Licensed Fund Management Companies (LFMCs). This article sets out the timing of repeal and application process, details in relation to the application form, considerations in reviewing applications, continuity of operations, applicable requirements and unsuccessful applicants.
Once an ex parte order recognising and registering the Singapore-seated arbitral award as an order of court is obtained, is the award debtor’s sole recourse to apply to set aside that very order of Singapore court within that specific originating application or is there an independent or further entitlement to file a fresh originating application to set aside the Singapore judgment registering the award?
This article advances a principled approach to give certainty and finality to the registered title under the Land Titles Act 1983 (“LTA”). It requires the court to interpret the statutory exceptions to indefeasibility under the LTA as exclusive categories or instances of the prescribed causes of action that may defeat or encumber the registered title wholly or partially. It is argued that this approach gives effect to the purpose of the LTA.
This update discusses retrenchment practices which should ideally be followed by employers in Singapore to achieve a fair balance between the interests of employers and employees.
On 8 February 2024, the Ministry for Manpower announced revisions to the compensation limits in the Work Injury Compensation Act 2019 with effect from 1 November 2025. The changes are to keep pace with wage growth and rising healthcare costs. The compensation limits were last reviewed in 2020. The increase in compensation limits will enhance protection for employees.
This article examines the Baltic and International Maritime Council’s Carbon Intensity Indicator clauses and discusses its impact on owners and charterers, and particularly the onus placed on charterers in respect of the Time Charter Party Clause.
Part 1 discussed how Singapore copyright law is poised to tackle the issue of whether the use of copyright-protected works for machine learning and the works created from natural language commands are infringing copyright. In Part 2, the article evaluates how the computational data analysis exception and fair use provision in the Singapore Copyright Act 2021 may be relevant to the input and output scenarios.
On 5 February 2024, the Criminal Procedure (Miscellaneous Amendments) Bill 2024 was passed in Parliament. The Bill improves and clarifies aspects of law enforcement powers, refines the criminal case disclosure regime, and improves efficiency in court processes. The Bill also introduces a new Sentence for Enhanced Public Protection to enhance protections against dangerous offenders and sets out a framework for conducting forensic medical examinations in relation to the investigation of offences.
The new civil procedure regime ushered in by the Rules of Court 2021 encourages a cost-effective approach towards litigation. To this end, there is an argument to be made for excluding evidence, that would otherwise be admissible, on a case-management basis. This article explores the viability of such arguments, and concludes that if the Ideals of the Rules of Court 2021 are to be fully realised, amendments may have to be made to the Evidence Act 1893 (2020 Rev Ed).
Cybersecurity is a fundamental priority at a national level to protect individuals, businesses, and institutions from unauthorised access, theft, and damage to their sensitive information and systems. This article considers the scope of protection offered by the Cybersecurity Act and the draft Cybersecurity (Amendment) Bill.
The just and equitable division of matrimonial assets is a huge issue in matrimonial proceedings. This paper focuses on some of the more common themes that would be of value to counsel when advising clients and when arguing cases before the courts.
This is the first of a two-part article which discusses online safety and cybersecurity risks in video gaming. This first part will explore online grooming, cyber bullying and gaming addiction risks that online gamers may encounter, and consider how existing laws including the new Online Criminal Harms Act may potentially be applied to combat such risks.
The Family Justice Courts’ power to divide property between divorcing spouses under s 112 of the Women’s Charter 1961 (2020 Rev Ed) is exercisable only over property fulfilling the definition of matrimonial asset. Using the lens of therapeutic justice which the Family Justice Courts adopted, this paper discusses whether the major decisions are consistent with this view that parties should be prepared to accept fair enough decisions which have a better chance to heal their family rift so they can continue their joint co-operative parenting.
The Debt Collection Act 2022 (“DCA”) came into force on 1 December 2023 and from 1 March 2024, all persons or entities which carry on a debt collection business, or carry out any debt collection activities in the course of their business, must be licensed under the DCA. This article considers the policy objectives of the DCA, highlights its key features, and sets out some observations on its scope as well as its implications for debtors and creditors.
On 10 January 2024, the Ministry of Law and the Ministry of Home Affairs issued a press release on the first reading of the Criminal Procedure (Miscellaneous Amendments) Bill 2024. The Bill advances the criminal justice system and contains significant proposals aimed at (a) protecting the public by strengthening levers to tackle crime, including serious sexual crime, and (b) enhancing transparency, fairness and coherence in criminal court processes.
The Child Development Co-Savings Act 2001 has been amended to implement enhancements to parental leave schemes (as announced at Budget 2023) with effect from 1 January 2024. These include the doubling of Government-paid paternity leave and unpaid infant care leave.
This update reviews some of the key trends and developments in the area of competition law from 2023 and looks at how businesses can navigate the regulatory and enforcement landscape in Singapore in 2024.
On 13 December 2023, the Ministry of Health announced the launch of the Tripartite Framework for the Prevention of Abuse and Harassment in Healthcare by the Tripartite Workgroup for the Prevention of Abuse and Harassment of Healthcare Workers. The framework provides all healthcare institutions with a common definition of abuse and harassment, and a consistent set of standards to safeguard their workers.
This article (a) attempts to provide an overview of the Vulnerable Adults Act 2018 (“VAA”), its interface with mental capacity assessment; (b) outlines general principles in multi-disciplinary management; and (c) sets out the legal framework. The article also addresses the types of abuse and neglect within the framework of the VAA and draws on the best interests principles outlined in the Mental Capacity Act 2008.