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 […]
Making Sense of “Death Spiral” Convertibles
Reading Time: 4 minutesFocus on “death spiral” convertibles – which are essentially convertibles without a fixed conversion price – sharpened recently after a bondholder triggered unusual volume movements in the shares of LionGold and Magnus Energy by converting its bonds into shares below market price and selling huge quantities of these converted shares thereafter. In response to the […]
MF Global and Client Money: The Singapore Court of Appeal’s Decision
Reading Time: 8 minutesThis article comes courtesy of Shook Lin & Bok LLP. One of the leading and full-service commercial law firms in Singapore with a strong Asian presence and global reach. They have close to a century of rich legal heritage with a number of partners who are eminent lawyers in their respective areas of expertise. They […]
Implied Covenants in Leases
Reading Time: 6 minutesImplied Covenants in Leases This article comes courtesy of Shook Lin & Bok LLP. One of the leading and full-service commercial law firms in Singapore with a strong Asian presence and global reach. They have close to a century of rich legal heritage with a number of partners who are eminent lawyers in their respective […]
High Court refuses to give weight to witness compellability as a factor in the test for forum non conveniens where the witness in question is the Defendant’s brother
Reading Time: 6 minutesThis article comes courtesy of Shook Lin & Bok LLP. One of the leading and full-service commercial law firms in Singapore with a strong Asian presence and global reach. They have close to a century of rich legal heritage with a number of partners who are eminent lawyers in their respective areas of expertise. They […]
MAS Proposes Changes to Payments Regulatory Framework and Establishment of a National Payments Council
Reading Time: 7 minutesMAS Proposes Changes to Payments Regulatory Framework and Establishment of a National Payments Council This article comes courtesy of Shook Lin & Bok LLP. One of the leading and full-service commercial law firms in Singapore with a strong Asian presence and global reach. They have close to a century of rich legal heritage with a […]
MAS Issues New Guidelines on Outsourcing Risk Management with Guidance on Cloud Services
Reading Time: 12 minutesMAS Issues New Guidelines on Outsourcing Risk Management with Guidance on Cloud Services This article comes courtesy of Shook Lin & Bok LLP. One of the leading and full-service commercial law firms in Singapore with a strong Asian presence and global reach. They have close to a century of rich legal heritage with a number […]