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Unpacking Directors’ Duties to Creditors: A Close Look at the OP3 International Decision

The Court of Appeal, in Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10, comprehensively considered the contours of a director’s duty to consider the interests of creditors in certain circumstances (Creditor Duty). This pivotal ruling delves into when this duty arises, its parameters, and the approach that the court should take when faced with a claim that a director has breached the Creditor Duty. This update takes a close look at the Creditor Duty.

Guide to Lending and Security in Southeast Asia

This Guide provides a useful overview of key legal and regulatory requirements concerning lending and security in Southeast Asia, focusing on Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam.

Aim of new rules on flexi-work requests is to draw more people into workforce, says work group

Aim of new rules on flexi-work requests is to draw more people into workforce, says work group

The Tripartite Guidelines on Flexible Work Arrangement Requests will help to unlock the potential of the local workforce.

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ADV: SUSS School of Law – Apply by 15 July

ADV: SUSS School of Law – Apply by 15 July

Kickstart your legal career with an SUSS Law Degree.

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MinLaw to better support training, upskilling of in-house lawyers: Shanmugam

MinLaw to better support training, upskilling of in-house lawyers: Shanmugam

Law and Home Affairs Minister K. Shanmugam noted that the number of in-house counsel has grown over the years.

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ADV: Publication: Data Embassies: Purposes, Features and Limitations

ADV: Publication: Data Embassies: Purposes, Features and Limitations

This publication provides an overview of the still nascent concept that is data embassy, including its purposes, features, limitations and analogies with diplomatic missions from which inspirations are drawn, and includes a comprehensive mapping of the two primary data embassy models in operation today. Get your copy here. An issues paper on this topic is available for free download here.

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New Tripartite Guidelines on Flexible Work Arrangement Requests Effective December 2024

On April 16, 2024, the Singapore Government accepted all 10 recommendations by the Tripartite Workgroup on the Tripartite Guidelines on Flexible Work Arrangement Requests (Guidelines). These mandatory Guidelines come into effect on December 1, 2024 and are intended to shape the right norms and expectations concerning flexible work arrangements. This update takes a look at the Guidelines.

Business Collaborations for the Greener Good: CCCS issues Environmental Sustainability Collaboration Guidance Note

On March 1, 2024, the Competition and Consumer Commission of Singapore (“CCCS”) released its Environmental Sustainability Collaboration Guidance Note (“ESCGN”). It aims to provide clarity to businesses on CCCS's evaluation of collaborations f pursuing environmental sustainability objectives, so that such collaborations may be pursued in a way that does not harm competition. This update highlights key points of the ESCGN.

Payroll2U Pte. Ltd. [2024] SGPDPCS 2

Data Protection – Protection obligation
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SGX RegCo proposes rule change to get firms to act on meetings called by shareholders

SGX RegCo proposes rule change to get firms to act on meetings called by shareholders

Listed companies may soon need to act within 21 days of getting requisition notice.

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20 years’ jail for habitual abuser who beat girlfriend to death

20 years’ jail for habitual abuser who beat girlfriend to death

The domestic violence turned fatal one night in January 2019, when M. Krishnan, battered Ms Mallika Begum Rahamansa Abdul Rahman to death.

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Ex-lawyer admits misappropriating over $525k from vulnerable client

Ex-lawyer admits misappropriating over $525k from vulnerable client

Soraya Hafsa Ibrahim pleaded guilty to three charges, including one charge of preparing legal documents when she had been disbarred as a lawyer.

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$3 billion money laundering case: Fourth accused set to plead guilty on April 30

$3 billion money laundering case: Fourth accused set to plead guilty on April 30

Chinese national Zhang Ruijin, 45, faces three charges of forging documents to cheat CIMB bank. The fake documents include two sale agreements for properties in Macau and a loan agreement stating he had borrowed funds from a Hong Kong company.

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When relatives fight over a family fund worth millions

When relatives fight over a family fund worth millions

The bitter fight was sparked after one of them cried foul for being short-changed, even though he got over $45 million.

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Director’s Duties: Shareholders Interest a Proxy of Company’s Best Interests? Not Always, Depending on its Solvency

In Foo Kian Beng v OP3 International Pte Ltd (In liquidation) [2024] SGCA 10, the Singapore Court of Appeal dismissed the Appellant’s appeal and held up the findings by the Judge of the General Division of the High Court of Singapore that a director has a duty to consider the interests of creditors as part of his duty to act in the best interests of the company at a time when the company was in a financially parlous state, and that the Appellant had breached that duty by authorising the payment of disputed transactions to himself. This update analyses the court's decision.

MAS Targets to Repeal RFMC Regime on 1 August 2024, Shares Implementation and Transitional Arrangements

The Monetary Authority of Singapore recently announced its intention to repeal the regulatory regime for Registered Fund Management Companies (“RMFC”) on 1 August 2024. This update highlights key points RFMCS should note and action to prepare for the repeal of the RFMC regime.


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