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Singapore: reinventing an ASEAN hub for investments, funds and restructuring

Singapore’s status as a leading financial centre in Asia and regional hub for commodity trading, shipping, and increasingly, private capital activity has been cemented over the years, especially in the past decade....more

Interpreting the UNCITRAL Model Law on Cross-Border Insolvency: Singapore courts adopt a uniform, consistent and expansive...

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

Bank’s inability to establish identity of vessel owner results in inability to rely on sanctions clause

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

SGCA: Obligation to pay entire interest charged on a loan upon default was an unenforceable penalty

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

First Singapore case considering a director’s right to apply for leave to wind up a company

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

Directors' duties in the context of dividend declarations and repayment of shareholder loans

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

High Court further clarifies when foreign companies may use Singapore’s restructuring regime

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

High Court suggests that it should lean in favour of not granting approval for the transfer of shares where the shares are of an...

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

Ensuring Enforceable “Make Whole” Interest Obligations

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

US Restructuring Proceedings Over REIT Not Recognised

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

Where an Employee Makes Secret Profits: Extending the Net of Persons Liable

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

Court will assess feasibility of proposed scheme before allowing scheme application to go ahead

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 sun never sets on English law governed debt: reviewing the Re Prosafe SE decision

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. ...more

Singapore company wound up in the U.S not allowed to block enforcement of charge over its shares

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 Reserve Bank of India relaxes restrictions on foreign lending

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

3/13/2019  /  Banking Sector , India , Lenders , Lending
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