Creditors involved in cross-border restructuring or insolvency proceedings of corporate groups will find that the approach of the Singapore courts to questions of cross-border insolvency provides the assurance of an orderly...more
11/30/2023
/ Appeals ,
Bankruptcy Code ,
Chapter 11 ,
Chapter 15 ,
Corporate Restructuring ,
Creditors ,
Cross-Border ,
Debt Restructuring ,
Debtors ,
Insolvency ,
Popular ,
Singapore ,
The Model Law ,
UNCITRAL
The Court of Appeal found a confirming bank to be in breach of contract by declining to make payment under a confirmation to a letter of credit on the basis that a sanctions prohibition applied....more
11/30/2023
/ Appeals ,
Banking Sector ,
Banks ,
Breach of Contract ,
Dubai ,
EU ,
Financial Institutions ,
JPMorgan Chase ,
Letter of Credit ,
Sanction Violations ,
Sanctions ,
Singapore
In Ethoz Capital Ltd v Im8ex Pe Ltd (2023), the Singapore Court of Appeal held that a "make whole" payment of interest clause was an unenforceable penalty as, among other things, the requirement to immediately pay on default...more
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...more
The Singapore High Court considered a round trip sale-and-buyback transaction paid using a letter of credit facility in UniCredit Bank AG v Glencore Singapore Pte Ltd [2022] SGHC 263....more
Adip Mittal v Offshore Holding Company Pte Ltd [2022] SGHC 239 is the first Singapore case dealing with when a director can apply for the winding up of a company....more
OP3 International Pte Ltd v Foo Kian Beng [2022] SGHC 225 is a good illustration of the approach taken by the court in considering directors’ duties when a company is in a financially parlous situation and whether a director...more
In Re Zipmex Co Ltd (2022), the Singapore High Court held that Thai, Indonesian and Australian subsidiaries of the Zipmex Group had their Centre of Main Interest in Singapore. It noted that it would have been evident to...more
Under the Insolvency, Restructuring and Dissolution Act 2018, a transfer of shares in a company made after the commencement of winding up of that company by the Court is void unless otherwise ordered by the Court. While this...more
MKY Capital Pte Ltd v MDR Ltd and Ethoz Capital Ltd v Im8ex Pte Ltd are two cases this year that considered a claim for payment of the full “make whole” interest amount. In both, the court refused to allow the claim. “Make...more
Re Alan Tantleff dealt with an application for recognition of US Chapter 11 restructuring proceedings in Singapore. The Singapore High Court held, among other things, that a REIT could not rely on the UNCITRAL Model Law on...more
In Sumifru Singapore Pte Ltd v Felix Santos Ishizuka (2022), the Singapore High Court found that where an employee is placed in a position of trust they will owe fiduciary duties to their employer (similar to the duties owed...more
In Re Kobian Pte Ltd the Singapore High Court, for the first time, exercised its discretion to decide that a scheme of arrangement proposal put forward by a company was not feasible and ultimately did not grant the scheme...more
The recent decision in Re Prosafe SE pits the principle of freedom of contract against the increasingly popular modified universalism in the cross-border restructuring and insolvency space.
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With effect from 7 February 2020, companies listed on the Mainboard or Catalist of the Singapore Exchange (SGX) need only carry out semi-annual financial reporting unless specific circumstances apply that warrant quarterly...more
The Singapore Exchange (SGX) has amended the Listing Rules to enhance disclosures in relation to various transactions. The transactions affected include the provision of loans, guarantees and other forms of financial...more
The Singapore Exchange (SGX) has amended the Listing Rules with effect from 7 February 2020 to enhance the continuing disclosure requirements. The amendments highlight the need to consider whether information is...more
Singapore Exchange Regulation (SGX RegCo) issued a Consultation Paper on Enhancements to the Regulatory Regime for Property Valuation and Auditors on 16 January 2020....more
In a recent case, the High Court had to consider whether to apply a moratorium to the enforcement of a share charge taken over the shares in a Singapore company where that company was subject to insolvency proceedings in the...more
The Monetary Authority of Singapore (MAS) has issued three new consultations each dealing with different aspects of the regulation of digital payment tokens (DPTs) under the Payment Services Act (PSA). It has also recently...more
In Heince Tombak Simanjuntak & Ors v Paulus Tannos & Ors (2019), the Singapore High Court granted recognition of Indonesian bankruptcy orders made against the four respondents, each of whom is an Indonesian citizen. This...more
In The Enterprise Fund III Ltd & Ors v OUE Lippo Healthcare Ltd (2019), the Singapore Court of Appeal held that where a company that had been given a standby credit facility in order to buy shares in itself, the entire...more
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...more
The Reserve Bank of India (RBI) has announced a series of policy changes, which include (i) the relaxation of its External Commercial Borrowing (ECB) framework and (ii) the withdrawal of certain restrictions on investment by...more