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Legal Bulletin December 2006

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Highlights:

MAS releases policy consultation paper on proposed amendments to SFA and FAA

Joint consultation by MAS and IE on transfer of regulatory oversight of commodity futures from IE to MAS

MAS releases fourth consultation paper on Basel II implementation

IRAS releases consultation paper on proposed list of other borrowing costs to be allowed for income tax purposes

Changes in the days and hours of business in various Intellectual Property Registries

Changes to classification of goods and services for purpose of trade mark registration

Allen & Gledhill Legal Bulletin year in review: 2006

Singapore Court of Appeal decides that Singapore High Court does not have jurisdiction under International Arbitration Act to grant an injunction in aid of foreign arbitration

Singapore High Court examines "who is an associate" in unfair preference claim against ex-employee of insolvent company

Singapore High Court rules on meaning of "goods carried in a ship" under High Court (Admiralty) Jurisdiction Act

English Court of Appeal: Third party must be sufficiently identified in contract by name under Contracts (Rights of Third Parties) Act

Allen & Gledhill organises zoo trip for children this Christmas

 

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Legal Bulletin November 2006

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Highlights:

Parliament introduces Banking (Amendment) Bill 2006: Strengthening prudential safeguards and greater operational flexibility for banks

Parliament introduces Statutes (Miscellaneous Amendments) Bill 2006: Proposed changes to period for retention of records

Parliament introduces Trade Marks (Amendment) Bill 2006: Giving effect to certain articles of the Singapore Treaty on the Law of Trademarks

Parliament introduces Income Tax (Amendment) Bill 2006: Implementation of income tax changes announced in 2006 Budget Statement

MAS issues consultation paper on proposed modifications to regulatory requirements for trade credit and political risk insurance business

MOM conducts public consultation on draft Employment of Foreign Manpower Act

Singapore Court of Appeal restrains beneficiary’s call on performance bond where underlying claim is time-barred

Singapore High Court interprets financial assistance provision under Companies Act

Singapore High Court sets aside arbitral award on grounds of breach of natural justice

Singapore Court of Appeal dismisses appeal: Sign of "POLO PACIFIC" does not infringe registered mark of "POLO"

 

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Legal Bulletin October 2006

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Highlights:

Competition Commission of Singapore consults on proposed merger control regime

SGX proposes to amend SGX-ST Business Rules to empower the SGX-ST to impose restrictions on trading of Global Depository Receipts

MAS proposes regulatory framework for mortgage insurance business

MOM conducts public consultation on draft workplace safety and health regulations

MOF accepts 28 suggestions on drafting of draft Income Tax (Amendment) Bill 2006

DPM Jayakumar announces plan to develop an integrated arbitration complex in Singapore

Singapore Court of Appeal views winding up as the last resort in minority shareholders’ action under section 216 of Companies Act

Singapore High Court expounds on principles concerning cure of irregularity under the Companies Act

Singapore High Court expounds on the requirements for enforcement of foreign arbitral awards under the New York Convention

Singapore Court of Appeal orders winding up of quasi-partnership company

 

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Legal Bulletin September 2006

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Highlights:

New Futures Trading Rules and revised SGX-DC Clearing Rules effective from 22 September 2006

MAS conducts public consultation on proposed amendments to the SFA and FAA

MOF accepts CCDG's recommendations to maintain status quo relating to the mandatory quarterly reporting for listed companies

MAS issues response to feedback received on proposals for the implementation of Basel II in Singapore - Phase 2

MAS issues consultation on Draft Guidelines to Draft Notices on Prevention of Money Laundering and Countering the Financing of Terrorism

MAS releases Draft MAS Notice 639: Exposures to Single Counterparty Groups and Draft MAS Notice 640: Minimum Asset Maintenance Requirements for Foreign Banks for consultation

MAS releases consultation paper "Review of Regulatory Requirements for Sub-funds of Investment-Linked Life Insurance Policies"

Singapore Court of Appeal: Liquidator personally liable to pay costs of proceedings ordered against insolvent company

Allen & Gledhill voted Asia's best advisory group in legal services in the Euromoney Awards for Excellence in Real Estate 2006

 

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Legal Bulletin August 2006

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Highlights:

Ministry of Finance consults on Limited Partnerships Bill 2006

MAS issues consultation paper on proposed changes to Banking Act

Securities and Futures Regulations amended to effect changes to margin requirements applicable to CMS licence holder which conducts securities financing or offers contracts for differences

MOM announces details of Personalised Employment Pass ("PEP") which will be introduced from 1 January 2007

MAS and Ministry of Law consult on proposed changes to unsecured credit rules and similar rules for moneylenders

MAS second consultation paper on draft Notices on Prevention of Money Laundering and Countering the Financing of Terrorism

MAS releases response to feedback received on recommendations to enhance Policy Owners’ Protection Fund Scheme

Singapore High Court holds financial assistance provided by subsidiary does not constitute indirect giving of financial assistance by holding company under section 76(1)(a)(i)(A) of Singapore Companies Act

English Court of Appeal's decision highlights statutory route of disclosure to be taken by bank when money laundering is suspected

 

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Legal Bulletin July 2006

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Highlights:

New rules for listing of hedge funds effective 29 June 2006

Competition law: Block exemption for liner shipping agreements

MAS issues response to SIBA Equity Derivatives and Structured Products Taskforce Findings

CCDG releases summary of feedback from public consultation on quarterly reporting requirement

IPOS conducts public consultation on patents laws in Singapore

Updates on amendments to Patents Rules

Singapore High Court rules that corporate agencies arrangements in insurance companies business illegal under Financial Advisers Act

UK House of Lords clarifies bank's duty of care towards applicant of freezing injunctions against bank's customers

English Court of Appeal finds that bank owes duty of care to fund for negligent investment advice

 

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Legal Bulletin June 2006

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Highlights:

Amendments to SGX-ST Listing Manual to enhance corporate governance standards

SGX releases new rules for the listing of Global Depository Receipts

Payment Systems (Oversight) Act 2006 and related Regulations operative from 23 June 2006

Banking regulations amended to allow Singapore banks to offer Murabaha investment products

SIC issues consultation paper on amendments to the Singapore Code on Take-overs and Mergers

SGX issues consultation paper for Phase Two of proposed changes to the SGX-DT Trading Rules

MAS issues response to feedback received on consultation paper on recognition of bilateral netting for capital adequacy purposes

English Court of Appeal: Grant of additional security could constitute transaction at an undervalue

Singapore High Court holds right of first refusal for purchase of land is an interest in land which constitutes a caveatable interest under Land Titles Act

Allen & Gledhill is Asian Legal Business Singapore Deal Firm of the Year 2006

 

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Legal Bulletin May 2006

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Highlights:

Tax changes to the Singapore-India Double Tax Agreement arising from the Singapore-India Comprehensive Economic Cooperation Agreement (including developments announced on 17 February 2006 in the Singapore Budget Statement 2006)

ACRA Practice Direction No 4 of 2006: Interpretation of sections 201(1A), (3) and (3A) of the Companies Act in relation to consolidated accounts

MAS consultation on proposed amendments to the Code on Collective Investment Schemes

MAS proposes to fine-tune existing minimum liquidity risk supervision framework for banks

SGX-DC releases consultation paper on proposed amendments to SGX-DC Clearing Rules

MAS issues response to feedback received from consultation paper on review of framework for nomination of beneficiaries

The Singapore Treaty on the Law of Trademarks

Singapore High Court holds that Articles of Association is a self-contained document

Singapore Court of Appeal disallows tax deduction of interest expenses incurred in relation to non-income-producing share investments

Upcoming tax seminars by Allen & Gledhill Tax Practice Group

 

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Legal Bulletin April 2006

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Highlights:

SFA Regulations provide for new prospectus requirements exemption for offers of asset-backed securities and structured notes issued pursuant to synthetic securitisation transactions

Electricity (Amendment) Act 2006 takes effect on 1 May 2006

SGX releases consultation paper to provide for admission of banking clearing members

CCS consults on proposed block exemption order for liner agreements in the maritime industry

IPOS proposes changes to timelines of certain processes of PCT (Singapore) national phase entry applications

SGX issues consultation paper on proposed changes to the SGX-DT Derivatives Trading Rules

English Court of Appeal defines the term "financial institution" in 1997 LMA unsecured syndicated loan agreement

English High Court rules that post-acquisition refinancing of existing debt is not financial assistance

Singapore Court of Appeal: Judicial manager's right of action to void unfair preference transaction does not vest in liquidator upon winding up

English Court of Appeal considers whether pre-contract negotiations are admissible to interpret a contract

Allen & Gledhill named Who's Who Legal Singapore Law Firm of the Year 2006

 

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Legal Bulletin March 2006

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Highlights:

Securities and Futures (Market Conduct) (Exemptions) Regulations 2006: Revised rules for stabilising action

Addendum to ACRA Practice Direction No 4 of 2005: ACRA's policy in granting exemption under section 202 of Companies Act

Workplace Safety and Health Act 2005 comes into force on 1 March 2006: New legislative framework for occupational safety and health

Residential Property (Amendment) Act 2006 comes into force on 31 March 2006: Policy changes affecting foreign ownership of property

Parliament introduces Electricity (Amendment) Bill 2006

MAS issues four revised risk management guidelines

MAS conducts public consultation on proposals for the implementation of Basel II in Singapore – Phase 2

SGX issues consultation paper on proposed framework for the listing of hedge funds on the SGX-ST

Singapore Court of Appeal rules in favour of beneficiaries nominated in insurance policies

Allen & Gledhill strengthens Tax Practice

 

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Legal Bulletin February 2006

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Highlights:

Amendments to subsidiary legislation pursuant to the commencement of Companies (Amendment) Act 2005

Highlights of Singapore Budget 2006

Parliament passes Casino Control Bill 2006

Parliament passes Residential Property (Amendment) Bill 2006: Policy changes affecting foreign ownership of property

Tax exemptions and concessions to promote Islamic financial services

Public consultation on proposed amendments to Electricity Act

Public consultation on proposed amendments to Gas Act

Public consultation on proposed amendments to Consumer Protection (Fair Trading) Act: Protection of buyers of timeshares, club memberships and alternative investments

English Court of Appeal upholds subordination agreement entered into by group of companies under fair commercial terms

Singapore Court of Appeal upholds High Court decision in ThumbDrive patent case

Singapore Court of Appeal holds in favour of paramount mortgagee in tussle with subsequent mortgagee over terms of discharge

Allen & Gledhill is Singapore Law Firm of the Year 2006

 

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Legal Bulletin January 2006

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Highlights:

Companies (Amendment) Act 2005 comes into force on 30 January 2006

Trust Companies Act 2005 operative from 1 February 2006

CPF salary ceiling lowered from S$5,000 to S$4,500 effective 1 January 2006

Competition Act: Prohibition against anti-competitive agreements and abuse of dominance operative with effect from 1 January 2006

Stamp Duties (Amendment No 2) Act 2005 in force from 1 January 2006: Relief under section 15 for transfer of mortgages

Goods and Service Tax (Amendment) Act 2005 in force from 1 January 2006: Minister for Finance prescribes new international services

Parliament passes Workplace Safety and Health Bill 2005: New legislative framework for occupational safety and health

Parliament passes Payment Systems (Oversight) Bill 2005: New regulatory framework for payment systems and stored value facilities

Casino Control Bill 2006 introduced for first reading

Residential Property (Amendment) Bill 2006: Policy changes affecting foreign ownership of property

CCDG calls public consultation on quarterly reporting requirement

Allen & Gledhill advised on FinanceAsia award-winning deals

 

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