JD Supra Singapore
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- JD Supra
- Publication date:
- 2019-04-29
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Latest documents
- Buying and Selling Real Estate in Singapore (Updated)
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SINGAPOREAN LAW - INTRODUCTION - There are two systems of land registration in Singapore: registration under the Registrations of Deeds Act, known as “unregistered land”, and registration under the Land Titles Act, known as “registered land”. Currently, most land in Singapore has been converted and brought under the latter registration system. As such, most of this article will be concerned only with land registered under the Land Titles Act. The entity overseeing the land registration in Singapore is the Singapore Land Authority (“SLA”).
- SIAC Releases New Arbitration Rules
The rules will come into effect on 1 January 2025, aiming to enhance the overall efficiency and integrity of SIAC’s arbitration proceedings. On 9 December 2024, the Singapore International Arbitration Centre (SIAC) released its new SIAC Rules for 2025 (SIAC Rules 2025), which will come into effect on 1 January 2025.
- Establishing a Business Entity in Singapore (Updated)
Registration of Business Entities - Unless exempted, business entities must be registered with the Accounting and Corporate Regulatory Authority (ACRA) via their business filing portal: BizFile+. A foreigner residing overseas would need to engage the services of a registered filing agent (for example, a law firm, accounting firm or corporate secretarial firm) to submit the online application on his behalf. Goodwins Law Corporation is a registered filing agent.
- Singapore’s New Significant Investments Regime Comes Into Law
The Significant Investments Review Bill (the Bill), introduced by the Ministry of Trade and Industry (MTI), was passed by parliament on 9 January 2023 and is likely to enter into force in mid to late 2024. The Bill aims to protect the national interests of Singapore by regulating significant investment in, and control of, critical entities.
- Singapore’s New Significant Investments Regime
The Ministry of Trade and Industry (MTI) introduced the Significant Investments Review Bill (the Bill) to parliament on 6 November 2023. The Bill aims to protect the national interests of Singapore by regulating significant investment in, and control of, critical entities. Entities that are considered critical to Singapore’s national security will be designated under the regime and will be regulated accordingly. The Bill also provides scope for the Minister of Trade and Industry to review transactions involving entities that have acted against Singapore’s national interests, even if such entities are not designated under the Bill. Therefore, the scope of the proposed new legislation is not finite.
- Singapore Expands Scope of Shareholders Excluded for Calculating Compulsory Acquisition Threshold
New legislation strengthening the compulsory acquisition regulatory framework in the Companies Act 1967 is welcome news for minority shareholders. On 9 May 2023 the Parliament of Singapore passed the Companies, Business Trusts and Other Bodies (Miscellaneous Amendments) Bill (the Bill), which, among other changes, excludes shares held by certain persons connected with the offeror from the computation of the 90% threshold for compulsory acquisition under section 215 of the Companies Act 1967 (the CA). The Bill is expected to come into law later this year. Please see full Alert below for more information.
- Establishing A Business Entity In Singapore (Updated)
Registration of Business Entities - Unless exempted, business entities must be registered with the Accounting and Corporate Regulatory Authority (ACRA) via their business filing portal: BizFile+. A foreigner residing overseas would need to engage the services of a registered filing agent (for example, a law firm, accounting firm or corporate secretarial firm) to submit the online application on his behalf. Goodwins Law Corporation is a registered filing agent. Please see full Chapter below for more information.
- Buying and Selling Real Estate in Singapore (Updated)
KEY FACTS OF REAL ESTATE ACQUISITIONS UNDER SINGAPOREAN LAW - INTRODUCTION - There are two systems of land registration in Singapore: registration under the Registrations of Deeds Act, known as “unregistered land”, and registration under the Land Titles Act, known as “registered land”. Currently, most land in Singapore has been converted and brought under the latter registration system. As such, most of this article will be concerned only with land registered under the Land Titles Act. The entity overseeing the land registration in Singapore is the Singapore Land Authority (“SLA”). Please see full Chapter below for more information.
- The Variable Capital Company (VCC): a new corporate structure for funds in Singapore (UPDATED)
The Variable Capital Company (VCC) is a new corporate entity structure under which several collective investment schemes (whether open-end or closed-end) may be gathered under the umbrella of a single corporate entity and yet remain ring-fenced from each other. Please see Publication below for more information.
- Singapore allows “No-Win, No-Fee” and “No-Win, Less-Fee” arrangements for arbitration and SICC proceedings from 4 May 2022
Historically, Singaporean law prohibited third party funding arrangements and outcome-related fee structures (ORFS) such as “No-Win, No-Fee” or “No-Win, Less-Fee”. However, other common law jurisdictions, such as England and Wales and Australia, have relaxed their equivalent laws and now permit some third party funding and ORFS to some extent. Singapore took its first steps towards levelling the playing field when it legalised third party funding for arbitration and the Singapore International Commercial Court (SICC) proceedings in 2017 and 2021 respectively. However, the prohibitions on ORFS remained. Please see full Publication below for more information.
Featured documents
- Singapore Court Should Not Have Set Aside ICC Award Enforcing Dispute Adjudication Board Decision
Originally published in MEALEY’S International Arbitration Report Vol. 26, #12 - December 2011. On July 13, 2011, the decision of the Singapore High Court in PT Perusahaan Gas Negara (Persero) TBK v. CRW Joint Operation, No. [2010] SGHC 202, which was reported in the August 2010 issue of...
- Gastronomic Benefits of International Depositions
As mentioned in previous blogs, international depositions provide prime opportunities to expand your cultural horizons and tap into your inner Magellan. If you aren’t attending your depositions overseas via videoconference, your travel will expose you to local traditions and fascinating histories, ...
- The Mergers and Acquisitions Incentive Scheme for Singapore companies
The mergers and acquisitions (M&A) allowance and stamp duty relief schemes together form the M&A Scheme. This scheme was first introduced in Budget 2010 to encourage companies in Singapore to grow their businesses through M&A. The scheme has since undergone several enhancements in the recent...
- Singapore International Arbitration Centre 2016 Rules Come Into Force
INTRODUCTION - The sixth edition of the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) comes into force today, August 1, 2016 (the “SIAC Rules 2016” or the “Rules”).2 The Rules were published in July and are the result of a two-month public consultation process...
- Personal Data Protection Act - Obligations to protect and secure data, and what to do in case of breach
Since the coming into force of the Personal Data Protection Act (Cap 26 of 2012) (PDPA) in 2012, many organisations had focused only on part of their obligations under the PDPA, i.e. that of ensuring that their policies and practices for the collection, use and disclosure of personal data are in...
- Singapore Eases Regulatory Regime for VC Funds to Promote Financing for Start-Ups
The Monetary Authority of Singapore has proposed a simplification of the authorisation process and regulatory framework for venture capital managers—with the goal of supporting start-ups....
- The Singapore High Court clarifies the scope of adjudication review
For the first time, a Singapore court considered the question of the scope of an adjudication review under the Building and Construction Industry Security of Payment Act (Cap 30B, 2006 Rev Ed) (the Act). In Ang Cheng Guan Construction Pte Ltd v Corporate Residence Pte Ltd [2017] SGHC 9, the...
- Singapore Court confirms limited scope for adjudication set aside
In Mataban Development Pte Ltd v Black Knight Warrior Pte Ltd, a respondent-owner failed to serve a valid payment response under the Building and Construction Industry Security of Payment Act ('SOP Act'). The adjudicator thus disregarded the respondent's arguments. The Singapore High Court refused...
- Setting aside an SOP Act adjudication determination: The right of all parties to be heard
The Building and Construction Industry Security of Payment Act (Cap 30B) (SOP Act) gives parties in Singapore a way to quickly resolve construction payment disputes on a “temporary finality” basis with the right to fully and finally resolve all disputes in Court or in arbitration (where the parties ...
- The Case for Putting in Pre-Emption Buyout Articles in the Company’s Constitution
Perennial (Capitol) Pte Ltd v Capitol Investment Holdings Pte Ltd [2018] SGCA 11 involved an application to wind up three companies, Capitol Investment Holdings Pte Ltd, Capitol Hotel Management Pte Ltd and Capitol Retail Management Pte Ltd (the respondents). The respondents had been set up as part ...