Most Recent Articles
When can a company or employer be responsible for an employee’s misdeeds?
Reading Time: 4 minutesIn most cases, a company is more powerful than its employee. As Uncle Ben in the movie Spider-Man said, “With great power comes great responsibility”. In situations where an employee makes a mistake that injures a third party, the employer (i.e. the company) could be held responsible even it did not know of the employee’s […]
SMU Lexicon: Jurisdiction for Patent Revocation in Counterclaims: The Sun Electric Approach
Reading Time: 7 minutesIntroduction The key question posed in the recent Singapore High Court decision of Sun Electric Pte Ltd v Sunseap Group Pte Ltd (“Sun Electric (No 2)”)[1] was whether the High Court had jurisdiction at first instance to revoke a patent by way of a counterclaim in infringement proceedings. George Wei J’s response to this query […]
Myanmar Legal Alert: Foreign Banking Branches in Myanmar Now Permitted to Provide Financing to Local Companies
Reading Time: 3 minutesThe Central Bank of Myanmar recently issued a directive which goes considerable distance in further liberalizing and encouraging market access to local companies. The directive will foster increased competition in the market and addresses the persistent grievances of local companies in terms of their access (or the lack thereof) to channels and sources of foreign […]
The Law in Singapore on Single Mothers – Is there more to be done?
Reading Time: 8 minutesIf you are a single mother, what category of single mother do you belong to? Widowed Divorced Unmarried Single woman who adopts a child by choic Why does it matter what category you belong to? The category to which you belong will affect your rights in law. Generally speaking, if you were married when the […]
Lawyer Feature: Aye Cheng Shone from A C Shone & Co
Reading Time: 4 minutesWe recently sat down for a chat with Aye Cheng, founder of A C Shone & Co and sought her perspectives of the recent and future state of law. Aye Cheng was called to the English Bar on 29 July 1993 admitted as an Advocate and Solicitor of the Supreme Court of Singapore on 28 […]
Regional Updates: Myanmar Tax Updates for November 2018
Reading Time: 5 minutesWe provide below an update on some of the recent changes in the tax landscape in Myanmar. 1. Clarification on the offsetting mechanism for commercial tax (“CT”) purposes The Internal Revenue Department (“IRD”) recently issued two Notices clarifying the treatment of recording CT upon the sale and purchase of goods and services. Notice No. 2/2018 […]
What does it mean to plead guilty in Singapore?
Reading Time: 6 minutesIf you are found to have committed a crime, you will receive a court summons requiring you to appear in court. When an accused person chooses to plead guilty, it basically means that he or she does not intend to contest the proceeded charges against him or her. If the accused is a body corporate, […]
Thailand Tax Update: New Tax Incentives for Angel Investors
Reading Time: 2 minutesAt the end of January 2018, the Thai government approved a Ministerial Regulation providing a tax incentive (“Tax Incentive”) to any Angel Investor investing in a start-up company that conducts a promoted business activity in an industry approved by the National Science and Technology Development Agency (“NSTDA”). More specifically, the Tax Incentive is granted to […]
What happens to property that is left out of a will (residuary property)?
Reading Time: 5 minutesWriting a will is vital to ensuring that a person’s property and assets are distributed according to his/her wishes upon death. However, there are times when specific property or assets may be inadvertently left out of one’s will. This may occur, for example, when the person making the will (the “testator”) had not specifically provided […]
Fighting Back Against A Stalker?
Reading Time: 5 minutesThe Story In 60 Seconds Previously, victims of stalking had very little legal recourse to seek protection against a stalker. But with the introduction of the Protection From Harassment Act 2014 (POHA), they can now seek both civil and criminal sanctions against the stalker. Generally, a stalker can be defined if the perpetrator persistently follows you, […]
SMU Lexicon: A Principled Approach to Sentencing
Reading Time: 8 minutesIntroduction Sentencing has always been something of an art. The balance between doing justice to the facts of the case and judicial consistency has proven to be somewhat elusive, in no small part due to the medley of factors which might arise for consideration.[1] Fortunately, the recent Court of Appeal (“CA”) decision in Ng Kean […]
Vietnam Legal Update: Changes To Wind and Solar Power Feed-in-Tariff Deadlines
Reading Time: 2 minutesOn 10 September 2018, the Prime Minister issued Decision No. 39/2018/QD-TTg (“Decision 39”), amending Decision No. 37/2011/QD-TTg of the Prime Minister dated 29 June 2011 on mechanisms to support the development of wind power projects in Vietnam. Under Decision 39, the wind FIT (excluding VAT) will be VND 1,928 per kWh (equivalent to US cents […]
Personal
SMU Lexicon: A Non-parent’s Maintenance Obligation
Reading Time: 7 minutesIntroduction Imagine you marry someone with a child from a prior relationship. Initially, you do not mind caring for this child. Then, your marriage sours and you no longer want anything to do with your spouse or the child. However, can your initial conduct of caring for the child unknowingly saddle you with a legal […]
Business
Singapore’s latest push as a restructuring and insolvency hub – Amendments to SICC rules
Reading Time: 3 minutesSingapore has earned a budding reputation as a hub for debt restructuring and insolvency in Asia, with its transparent legal system and judicial expertise. This growth can also be attributed to enduring efforts to innovate and reform. To enhance Singapore as a forum of choice in international restructuring and insolvency proceedings, the Rules of Court […]