Reading Time: 5 minutesThere may be multiple reasons why people may wish to transfer their shares. They may wish to realise the value of their investment or raise funds for expansion. Nevertheless, it is important to ensure that proper procedures are adhered to so that the transfer will be upheld. In this guide, we will run you through […]
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Hong Kong: Who shall bear the burden of proof in cargo damage claims?
Reading Time: 7 minutesIntroduction In a recent case Volcafe v CSAV [2018] UKSC 61, the Supreme Court of the United Kingdom (the “Supreme Court”) discussed for the first time as to who shall bear the burden of proof in cargo damage claims against the shipowner under the Hague Rules. Facts Background The Claimants, who are the cargo owners and bill […]
A Practical Guide: How do I wind up a company limited by shares?
Reading Time: 10 minutesSometimes winding up your company is the only solution There are any number of reasons why a company may need to or will be compelled to dissolve and wind up its operations. The company could have ceased its business activities, or it could have been the subject of a corporate restructuring exercise or it is […]
Myanmar Legal Alert: The Central Bank of Myanmar Introduces Market-Based Reference Exchange Rate
Reading Time: 2 minutesBy way of recently issued Instruction No. (5 /2019), the Central Bank of Myanmar (“CBM”) has announced that on a daily basis it will begin to publish the Reference Exchange Rate (“RER”) of Myanmar Kyat (“MMK”) to the US Dollar (“USD”). The RER will be based on transactions conducted on foreign exchange markets. The RER […]
Singapore Trade Marks – United U-Li Projects Pte Ltd Succeeds on 2 out of 4 Invalidation Grounds – United U-Li Projects Pte Ltd V Tan Buck Hai [2018] SGIPOS 19
Reading Time: 10 minutesIn a decision rendered by the Intellectual Property Office of Singapore (“IPOS”), it was held that United U-Li Projects Pte Ltd’s application for invalidation succeeded on two out of four grounds pleaded in their case whilst cross-invalidation by Tan Buck Hai was previously dismissed. (A) Who are the parties involved in this case? (a) United […]
Hong Kong Legal Update: What happens when a creditor petitions to wind up a company already subject to an unfair prejudice petition?
Reading Time: 5 minutesIntroduction In a recent Court of First Instance case Li Fu Hua (also known as Denise Li) v Chen Ching Chih (陳清治) and another HCMP 1374/2018, [2018] HKCFI 2786, the court has to deal with the situation where a creditor filed a winding up petition (on ground of insolvency) against a company in respect of which a […]
SMU Lexicon: The Protection of Contractual Interest – A Comparison between Singapore and Taiwan
Reading Time: 9 minutesIntroduction This paper will compare the contract laws of Singapore and Taiwan in the following areas: the extent to which contractual performance interest is protected; and how remedies of breach of contract are justified and awarded. Sources of contract law in Singapore and Taiwan Singapore as a former British colony The law of contract in […]
Myanmar Legal Update: CBM Allows 35% Foreign Equity Investment in Local Private Banks
Reading Time: 2 minutesIn a recent order of the Central Bank of Myanmar (“CBM”), it was announced that foreign banks and financial institutions would be allowed to have 35% equity investment in local private banks. As a corollary, local banks having a foreign equity injection up to the above mentioned limit would now be allowed to operate in […]
The cost of litigation: Is it worth it?
Reading Time: 4 minutesWith globalization, more and more small to medium sized companies (“SMEs”) in developing companies have proven to be worthy opponents to the larger, more established MNCs (“multi-national corporations”). How so? With the spirit of entrepreneurship, these SMEs are now producing similar goods and services at much lower costs than those offered by the MNCs. From […]
An Intellectual Property Law perspective on Open Source Software Licences
Reading Time: 4 minutesIntroduction Open source software generally describes software with publicly available source codes, which third parties can access, modify and re-distribute. In comparison, the source codes of closed source software are not disclosed to the public or disclosed only in limited circumstances, and on strict obligations of confidentiality. By being freely available and constantly tested by […]
Cambodia Tax Alert: Tax Incentives for Listing Entities
Reading Time: 2 minutesSub-Decree 01 ANKr.BK dated 4 January 2019 (“Sub-Decree”) has introduced a new package of tax incentives for those entities in Cambodia looking to list on the Cambodian Stock Exchange (CSX). The 2019 tax incentives provided to listing entities on the CSX are much more comprehensive and concessional then those that were initially offered in 2011, […]
Commentary: Trade Marks in Singapore [Samsonite IP Holdings Sarl v An Sheng Trading Pte Ltd [2017] SGHC 18 ]
Reading Time: 5 minutesMost trade mark owners get frustrated when, legally, it is not possible to stop a parallel importer from importing and selling genuine goods in Singapore. Parallel importers are protected by the defence of exhaustion of rights under section 29(1) of the Trade Marks Act (“TMA”). Earlier this year, a case dealing with this very issue […]