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Legal Bulletin December 2011

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Corporate

Corporate Governance Council releases final recommendations on proposed revisions to Code of Corporate Governance

Singapore Court of Appeal clarifies discovery obligations of company subject to derivative action under section 216A of Companies Act


Intellectual Property & Technology

IPOS consults on proposed changes to Singapore’s patent laws


Real Estate

Government imposes Additional Buyer’s Stamp Duty on certain categories of residential property purchases from 8 December 2011


Tax

Singapore Income Tax Board of Review considers the carrying forward of loss after restructuring of holding company’s shareholding


General

2011 year in review: Key legal and regulatory developments


News

Allen & Gledhill LLP Partner Vivian Ang named Best Lawyer in Shipping

Allen & Gledhill LLP reinforces its top tier rankings in The Legal 500 Asia Pacific

 

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Legal Bulletin November 2011

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Corporate

English Court of Appeal dismisses appeal by director against finding of breach of duty and upholds refusal of relief from breach


Dispute Resolution

MinLaw issues public consultation seeking significant amendments to the IAA and proposing new Foreign Limitation Periods Act


Employment

TAFEP issues enhanced Tripartite Guidelines on Fair Employment Practices: Hiring and developing a Singaporean core


Intellectual Property & Technology

Singapore Court of Appeal in landmark decision affirms that “author” for the purposes of copyright law must be a natural person


SMedia & Telecoms

IDA to introduce new licence fee structure in 2013


Real Estate

Singapore Court of Appeal declines ordering specific performance as remedy for breach of sale and purchase agreement of land


General

MICA consults on proposed framework for national Do-Not-Call registry in Singapore


News

Allen & Gledhill wins 2011 Asia IP Singapore Trademark Firm of the Year Award

 

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Legal Bulletin October 2011

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At a glance


Competition

CCS clears anticipated merger involving supply of heavy-duty trucks, buses, coaches and diesel engines


Corporate

SIC conducts public consultation on proposed changes to Singapore Code on Take-overs and Mergers


Employment

Retirement Age (Amendment) Act 2011 takes effect 1 January 2012: Re-employment of older employees

Parliament introduces Work Injury Compensation (Amendment) Bill 2011: Streamlined time frame for making claims


Insurance

New MAS Notice 307 on investment-linked insurance policies with effect 1 October 2011


Securities & Futures

Singapore Court of Appeal finds trades amounted to price manipulation


Tax

Parliament introduces Income Tax (Amendment) Bill 2011: Implementing Budget 2011 changes


General

MinLaw conducts public consultation on proposed changes to Evidence Act: Legal professional privilege for in-house counsel, opinion evidence, computer output, hearsay

Singapore High Court allows company’s claim for misappropriated property subject to confiscation order issued in favour of Public Prosecutor

 

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Legal Bulletin September 2011

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At a glance


Banking

Singapore Court of Appeal explains bank’s duty of care towards customer


Corporate

Key changes to SGX listing rules to strengthen corporate governance with effect from 29 September 2011

SGX clarifies position on dual-class voting shares

Singapore High Court grants leave for commencement of derivative action under section 216A of Companies Act


Dispute Resolution

Singapore Court of Appeal disallows appeal against orders to furnish security for costs


Intellectual Property & Technology

Apply the Trade Mark Block before the Sunrise of .xxx Domains!


Maritime

Singapore High Court considers principles in setting aside an admiralty writ in rem


Medico-Legal

Singapore High Court dismisses plaintiff’s negligence claim against doctor


General

MICA consults on proposed consumer data protection regime for Singapore

Singapore Court of Appeal considers whether binding contract arose between parties

 

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Legal Bulletin August 2011

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At a glance


Corporate

Singapore Court of Appeal holds director retains directorship and entitled to inspect accounts


Dispute Resolution

Singapore Court of Appeal sets aside final arbitral award on grounds of excess of jurisdiction and breach of natural justice rules


Employment

Changes to Workplace Safety and Health Act effective from 1 September 2011: Extending coverage to all workplaces and new duties on principals

Enhancements to the Employment Pass framework - New assessment criteria to take effect from 1 January 2012

Singapore High Court allows application to strike out plaintiff's claim for dismissal alleged to have been made unfairly and in bad faith


Media & Telecommunications

IDA conducts public consultation on proposed amendments to Section 10 of Telecommunications Competition Code and Consolidation and Tender Offer Guidelines


Tax

Singapore Court of Appeal overturns High Court finding that claim was in substance enforcement of UK revenue law in Singapore


General

Singapore Court of Appeal explores issues concerning breach of charitable purpose trust

 

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Legal Bulletin July 2011

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At a glance


Banking

Singapore High Court considers scope of conclusive evidence clause in banking documentation


Corporate

MOF and ACRA invite comments on wide-ranging changes to Companies Act and revised regulatory framework for foreign entities

SGX issues guide on sustainability reporting for listed companies


Dispute Resolution

Singapore Court of Appeal elaborates on relationship between insolvency and arbitration in upholding High Court decision


Intellectual Property & Technology

Singapore High Court dismisses application by a nightclub operating at Marina Bay Sands to strike out trade mark action by Bali restaurant and bar Ku De Ta


Media & Telecommunications

Mandatory cross-carriage obligations to take effect on 1 August 2011


Tax

IRAS issues e-Tax Guide on ”Income Tax & Stamp Duty: Mergers and Acquisitions Scheme“


News

Allen & Gledhill New Partners 2011

Allen & Gledhill wins Who’s Who Legal Country Award 2011 for Singapore

 

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Legal Bulletin June 2011

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At a glance


Corporate

Corporate Governance Council proposes revisions to Code of Corporate Governance on directors, remuneration, risk management and shareholder rights and role

SGX proposes rule changes on place of general meetings, poll voting and disclosure of voting outcomes

Singapore High Court considers claims of breach of fiduciary duties against managing director of company

Singapore High Court judge considers principles and restrictions relating to director’s right of inspection of company accounts


Dispute Resolution

Singapore Court of Appeal considers the application of dispute resolution clauses in related agreements, and the drafting of triggering event clauses when dealing with foreign companies


Media & Telecommunications

ICANN approves creation of new website addresses ending in corporate names

IDA issues decision on net neutrality


SGX

SGX announces initiatives to reduce bid size and cut trading cost

SGX offers trading of Singapore government bonds


News

Allen & Gledhill LLP wins coveted Singapore Deal Firm of the Year at ALB SE Asia Law Awards

 

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Legal Bulletin May 2011

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At a glance


Banking

Singapore Court of Appeal holds section 47(1) of Banking Act does not prohibit disclosure of “customer information” where customer cannot be identified


Corporate

Singapore High Court enhances period of disqualification order against director for failing to exercise reasonable diligence in discharging duties


Dispute Resolution

UK Supreme Court abolishes immunity from suit for negligent expert witnesses

Singapore High Court approach to the enforcement of foreign arbitral awards endorsed by Supreme Court of Victoria

Singapore High Court orders specific discovery in electronic format


Insurance

Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 in force from 1 May 2011: Strengthening protection of depositors and policy owners

Insurance Act amended with effect from 1 May 2011: Dealing with distressed insurers

MAS conducts third public consultation on Policy Owners’ Protection Fund


Intellectual Property & Technology

Singapore High Court reverses tribunal’s decision to revoke a patent aimed at supplementing infant formula

 

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Legal Bulletin April 2011

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At a glance


Banking

English Court of Appeal considers extent of a creditor’s duty of disclosure to surety


Competition

Competition Appeal Board affirms CCS’s decision in coach operators’ price-fixing appeals but varies financial penalties imposed


Corporate

Possible reforms to Companies Act by Steering Committee for Reviewing Companies Act

Singapore High Court holds director in breach of duties through diversion of business was also oppressed as minority shareholder


Employment

Parliament passes Workplace Safety and Health (Amendment) Bill 2011: Extending coverage to all workplaces and additional duties on principals


Insurance

Parliament passes Deposit Insurance and Policy Owners’ Protection Schemes Bill 2011: Strengthening protection of depositors and policy owners


Real Estate

Singapore Court of Appeal orders return of deposit and purchase money in failed purchase of residential property by foreign-owned company


News

Allen & Gledhill named Singapore National Law Firm of the Year at Chambers Asia Pacific Awards

 

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Legal Bulletin March 2011

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At a glance


Corporate

Singapore High Court finds ouster of minority shareholder as director constitutes oppression but not majority shareholder’s other ‘personal fiefdom’ acts


Dispute Resolution

Singapore Court of Appeal stays action on ground of forum non conveniens and finds Indonesia the more appropriate forum


Employment

MOM announces S Pass and Employment Pass changes: New qualifying salary thresholds from 1 July 2011


Real Estate

URA public consultation on proposed changes to Housing Developers (Control & Licensing) Act and Housing Developers Rules: Giving home-buyers better access to accurate and timely information


SGX

SGX requires directors proposing restructuring and spin-offs to show detriment to shareholders if status quo is maintained


News

Allen & Gledhill wins IFLR Law Firm of the Year for Singapore award

Allen & Gledhill wins four Islamic Finance news Deals of the Year 2010 awards

Allen & Gledhill wins Asian-MENA Counsel’s Deals of the Year 2010 awards

Allen & Gledhill extends its lead in Chambers Asia 2011

 

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Legal Bulletin February 2011

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At a glance


Competition

English Court of Appeal holds company fined for breach of competition law cannot recover from employees and directors


Corporate

UK Supreme Court holds sale of company allegedly at undervalue was genuine commercial sale and did not constitute unlawful distribution of capital


Dispute Resolution

UK Supreme Court refuses to enforce New York Convention arbitration award


Employment

MOM proposes enhancements to Work Injury Compensation Act framework: Streamlined time frame for making claim, no exclusions from insurance policies


Singapore Exchange

SGX enhances market access with continuous all-day trading

Listing of early stage mineral, oil and gas companies (MOG) on Catalist from 1 February 2011


Tax

Budget 2011 - Analysis of major tax changes


General

Charity Council launches refined Code of Governance for Charities and Institutions of a Public Character to uphold governance principles

Singapore Court of Appeal rules that Indonesian sand ban within scope of force majeure clause


News

Allen & Gledhill LLP announces admission of two new Partners

 

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Legal Bulletin January 2011

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At a glance


Banking

Singapore Court of Appeal expounds on principles for determining nature of a performance bond and making a call under it


Competition

Block exemption for liner shipping agreements extended for further five years till 31 December 2015


Corporate

Singapore Court of Appeal holds that an agent has the burden of explaining and justifying receipt and retention of payments received on behalf of principal


Employment

Changes to Industrial Relations Act in force from 1 February 2011: New employment dispute resolution mechanism for professionals, managers and executives and employers

Parliament passes Retirement Age (Amendment) Bill 2010: Facilitates older employees working longer


Maritime

Singapore Maritime Foundation launches Singapore Ship Sale Form


Real Estate

Further measures to maintain stable and sustainable residential property market from 14 January 2011: Lower loan-to-value limits for housing loans, higher seller’s stamp duty


News

Allen & Gledhill New Partners 2011

 

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