The recent Singapore Court of Appeal judgment in Pathfinder Strategic Credit LP v Empire Capital Resources Pte Ltd  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“). […]
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  SGCA 11, as well as certain legal and practical takeaways.
Getting The Deal Through: Insolvency & Restructuring 2018
Case Commentary: Perennial (Capitol) Pte Ltd and Anor v Capitol Investment Holdings Pte Ltd and Ors  SGCA 11 [Insolvency Law] [Just & Equitable Winding Up Applications] [Shareholders’ Disputes] [Management / Shareholder Deadlock]
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  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 out.
Contingent Liabilities As A Basis For The Composition of Debts [Insolvency Law] [Restructuring] [Company Law] [Companies Act] [Statutory Interpretation]
In the freshly released judgment in Re Empire Capital Resources Pte Ltd  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 […]
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 […]
Executive Summary In the unreported Singapore High Court decision in Strategic Construction Pte Ltd v JH Projects Pte Ltd  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 […]
Critical Considerations For Financially Beleaguered Companies Making Repayments Prior To Insolvency [Insolvency and Company Law]
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.
Mr Thio Shen Yi S.C. and I review the revisions to Singapore’s Companies Act (Cap. 50) insolvency and restructuring provisions, as well as the adoption of the UNCITRAL Model Law on Cross Border Insolvency. This review was published in the June 2017 edition of the Singapore Law Gazette […]
Mr Shen Yi Thio S.C., Mr Patrick Ang and I share our views, reported in the Straits Times here, in relation to the new insolvency and restructuring laws that are set to come into effect sometime either in the second half of 2017 or in the early part […]