Reading Time: 5 minutesThe Monetary Authority of Singapore (the “MAS“) has issued a consultation paper on 6 October 2017, inviting comments on proposed new notices and guidelines that elaborate on and set out the requirements of key changes to the regulatory framework of the Securities and Futures Act (“SFA“) following the enactment of the Securities and Futures (Amendment) […]
New Regulatory Regime in Singapore for Venture Capital Fund Managers
Reading Time: 3 minutesFollowing a consultation initiated in February 2017, the Monetary Authority of Singapore (“MAS”) has late last week moved quickly to introduce into Singapore law a new regulatory regime for fund managers who manage only venture capital funds. This note discusses the key elements of the new regime. Simplified Authorisation and Regulatory Regime Venture capital fund […]
MAS Consultation Paper on Changes to the Notification Requirement in relation to Representatives Serving Only Non-Retail Customers
Reading Time: 4 minutesOn 25 September 2017, the Monetary Authority of Singapore (“MAS”) issued a consultation paper proposing certain changes to streamline the Representative Notification Framework (“RNF”) for financial institutions (“FIs”) whose representatives serve only non-retail customers. For the purposes of this present consultation, a non-retail customer would be a customer who falls within the statutory definitions of […]
Accounting and Corporate Regulatory Authority (ACRA) Updates Guidance Notes on Setting up a Register of Controllers
Reading Time: 4 minutesOn 18 September 2017, the Accounting and Corporate Regulatory Authority (“ACRA”) issued revised versions of its written guidance in relation to the requirements on the register of controllers for Singapore companies, foreign companies registered in Singapore and limited liability partnerships (collectively known as “Corporate Entities”, and each a “Corporate Entity”) under Part XIA of the […]
Singapore Smart Nation – How the law is changing with big plans for Big Data
Reading Time: 4 minutesSingapore has set course towards building a Smart Nation that is driven by big data, and changes in the law and regulations are pertinent to that end. Singapore’s Prime Minister first announced the government’s vision to become the world’s first Smart Nation in November 2014. Since then, Singapore has been revising its legal and regulatory […]
Managing the Risks of Using Robo-Advisors
Reading Time: 7 minutesAfter assessing the unique characteristics and risks posed by digital advisers, the Monetary Authority of Singapore (MAS) has set out several specific expectations that the board and senior management of the digital adviser must address. This article details the key aspects of the MAS proposal. This article is written by Eric Chan from Shook Lin […]
What are Senior Counsel in Singapore?
Reading Time: 6 minutesIntroduction to Senior Counsel What is a Senior Counsel? Senior Counsel (often referred to as “SCs”) have always been a fascinating class of the legal profession. When a lawyer is appointed a senior counsel (this is also known as taking the silk, he or she is symbolically recognized as being one of the best and […]
Banks need to adhere to Etridge Duties when dealing with vulnerable guarantors
Reading Time: 4 minutesThe Article in 60 Seconds Vulnerable guarantors include spouses or family members who could be emotionally influenced by a creditor Banks need to adhere to the Etridge Duties or risk voiding the guarantee (see Sudha Natrajan v The Bank of East Asia Ltd [2016] SGCA 66) A checklist of 5 important steps in discharging Etridge […]
Receiving payments from a company when winding-up proceedings have been commenced against it
Reading Time: 4 minutesCentaurea International Pte Ltd (in liquidation) v Citus Trading Pte Ltd [2016] SGHC 264 We examine the first local reported decision on the issue of validating payments under Section 259 of the Companies Act. Essentially, while any payment made by a company after the commencement of its winding is prima facie void, Section 259 provides […]
MAS Proposes Revisions to the Competency Requirements for Representatives Conducting Regulated Activities under the Securities and Futures Act and Financial Advisers Act
Reading Time: 5 minutesOn 12 December 2016, the Monetary Authority of Singapore (“MAS”) issued a consultation paper inviting comments on proposed amendments to the competency requirements for appointed representatives under the Securities and Futures Act (Chapter 289) (the “SFA”) and the Financial Advisers Act (Chapter 110) (the “FAA”). The amendments relate to the Capital Markets and Financial Advisory […]
Sustainability Reporting: Towards More Holistic Disclosure
Reading Time: 5 minutesInvestors these days are increasingly looking to assess not just the financial performance and status of the companies they invest in, they are also looking at the non-financial aspects – how the investee performs in its interaction with its physical environment, social community and its governance (i.e. how sustainable is the business in the long-run?) […]
MAS Issues Regulatory Guidelines for FinTech Solutions Sandbox
Reading Time: 7 minutesOn 16 November 2016, the Monetary Authority of Singapore (“MAS”) issued new Fintech Regulatory Sandbox Guidelines (the “Guidelines”), along with a set of Frequently Asked Questions on the same (“FAQs”). These set out the objectives and principles behind a regulatory sandbox approach (“Sandbox”) for the development and implementation of financial technology (“FinTech”) solutions, and are […]