Cross-Border – Singapore Legal Developments & Case Commentaries

Enforcing Foreign Non-Monetary Judgments In Singapore

Jun 7, 2019

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in Case Commentary, Commentary, Cross-Border, Enforcement of Foreign Non-Monetary Judgments, Food, Injunctions, law, Legislative Amendments, Mareva Injunctions, Reciprocal Enforcement of Foreign Judgments Act, Remedies, Self Help, Statutory Interpretation

Enforcing Foreign Interlocutory Judgments or Injunctive Relief In Singapore

Schemes of Arrangement: Threshold of Disclosure When Seeking Leave to Call a Scheme Meeting

May 19, 2019

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Alexander Pang

in Case Commentary, Commentary, Company Law, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

The recent Singapore Court of Appeal judgment in Pathfinder Strategic Credit LP v Empire Capital Resources Pte Ltd [2019] SGCA 29 (the “Judgment“) – accessible here – is a timely reminder of a corporate debtor’s obligations when applying to restructure its debts under Singapore’s Companies Act (the “Act“). Simply put, the main thrust of the…

Income Earned From Illegal Employment In Singapore Is Subject To Income Tax

Apr 8, 2018

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Alexander Pang

in Commentary, Cross-Border, Food, law, Self Help

Income earned in Singapore is subject to income tax, notwithstanding that the income was derived from an illegal employment agreement (in this case the lack of a relevant work pass entitling the employee to work in Singapore).

Winding Up To Unlock Deadlock: A Cautionary Tale

Mar 28, 2018

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Alexander Pang

in Case Commentary, Commentary, Company Law, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

A case commentary on the Singapore Court of Appeal decision in Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11, as well as certain legal and practical takeaways.

Getting The Deal Through: Insolvency & Restructuring 2018

Mar 5, 2018

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Alexander Pang

in Commentary, Cross-Border, Food, Insolvency, law, Liquidation & Bankruptcy, Publications, Restructuring & Rescue, Self Help

Getting The Deal Through: Insolvency & Restructuring 2018

Case Commentary: Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11 [Insolvency Law] [Just & Equitable Winding Up Applications] [Shareholders’ Disputes] [Management / Shareholder Deadlock]

Feb 28, 2018

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Alexander Pang

in Case Commentary, Commentary, Company Law, Cross-Border, Food, Insolvency, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

A review of – and commentary concerning – the Singapore Court of Appeal’s decision in Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors [2018] SGCA 11, concerning what constitutes “deadlock” in the context of an application to wind up a company on just and equitable grounds where shareholders have fallen…

Contingent Liabilities As A Basis For The Composition of Debts [Insolvency Law] [Restructuring] [Company Law] [Companies Act] [Statutory Interpretation]

Feb 28, 2018

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Alexander Pang

in Commentary, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

In the freshly released judgment in Re Empire Capital Resources Pte Ltd [2018] SGHC 36, the Singapore High Court reiterated that a scheme of arrangement under Singapore law could lawfully release third-party claims, i.e. the creditors’ claims against entities / persons other than (or in addition to) the scheme applicant. A unique feature of the…

Re-Domicile to Restructure – “Good Forum Shopping” ?

Oct 13, 2017

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Alexander Pang

in Case Commentary, Commentary, Cross-Border, Food, Insolvency, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

As of 11 October 2017, foreign companies meeting the relevant criteria may “re-domicile” in Singapore, effectively becoming Singapore companies. This is in line with the amendments to the Companies Act made earlier in March this year. Apart from the consequences of re-domiciliation highlighted in the Business Times article available here, it is also likely that…

Staying a Winding Up Application Based On An Adjudication Award [Insolvency Law] [Construction Law]

Oct 9, 2017

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Alexander Pang

in Commentary, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

Executive Summary In the unreported Singapore High Court decision in Strategic Construction Pte Ltd v JH Projects Pte Ltd [2017] SGHC 238 (the “Judgment”) (available on Singapore Law Watch here), the Singapore Court considered whether to stay a winding up application brought by the Plaintiff (“SCPL”) against the Defendant (“JHP”). SCPL’s application was premised on…

Critical Considerations For Financially Beleaguered Companies Making Repayments Prior To Insolvency [Insolvency and Company Law]

Aug 3, 2017

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Alexander Pang

in Commentary, Cross-Border, Food, law, Liquidation & Bankruptcy, Restructuring & Rescue, Self Help

A summary of the transactions entered into by a company (pre-insolvency) which may be subject to challenge by a liquidator of an insolvent company under Singapore law.

Category: Cross-Border