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    Factors Considered by the Court when Granting Leave to Convene a Meeting to Consider a Scheme of Arrangement
    2016-01-07

    Introduction

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Patrick Ang
    Location:
    Singapore
    Firm:
    Rajah & Tann Singapore LLP
    Singapore High Court affirms that a party may obtain restraint orders ahead of any application for the calling of a creditors’ meeting for the purposes of putting a company under a scheme of arrangement
    2016-01-08

    CASEWATCH JANUARY 2016 1 © WongPartnership LLP This update is intended for your general information only. It is not intended to be nor should it be regarded as legal advice. WongPartnership LLP (UEN: T08LL0003B) is a limited liability law partnership registered in Singapore under the Limited Liability Partnerships Act (Chapter 163A). SINGAPORE HIGH COURT AFFIRMS THAT A PARTY MAY OBTAIN RESTRAINT ORDERS AHEAD OF ANY APPLICATION FOR THE CALLING OF A CREDITORS’ MEETING FOR THE PURPOSES OF PUTTING A COMPANY UNDER A SCHEME OF ARRANGEMENT In Re Conchubar Aromatics Ltd [2015] SGHC 322, the Singapo

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, WongPartnership LLP, Limited liability partnership, Ex parte, Singapore High Court
    Location:
    Singapore
    Firm:
    WongPartnership LLP
    How Conclusive Is A Signature?
    2016-01-11

    Business relationships and transactions are usually based on contracts, and nothing is as binding on a party as signing on the dotted line. We would expect legal obligations to follow the signee. However, there are instances where signatures can be „disguised‟ or forged. In the case of The Bank of East Asia Limited v Sudha Natrajan [2015] SGHC 328, the Court had to decide whether the signature on a contract was indeed executed by the Defendant, or a forgery as alleged by the Defendant.

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Chua Beng Chye , Cherie Tan
    Location:
    Singapore
    Firm:
    Rajah & Tann Singapore LLP
    Compounding a Debt to Avoid a Winding Up Order
    2016-01-14

    Introduction

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Debtor, Debt, Liquidation
    Authors:
    Rebecca Chew
    Location:
    Singapore
    Firm:
    Rajah & Tann Singapore LLP
    Key Legislative and Regulatory Developments in Singapore for the Year 2015
    2016-02-01

    CLIENT UPDATE 2016 FEBRUARY 1 © Rajah & Tann Singapore LLP Key Legislative and Regulatory Developments in Singapore for the Year 2015 This Update provides a brief summary of the key statutory and regulatory developments in Singapore for the year 2015.

    Filed under:
    Singapore, Arbitration & ADR, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Energy & Natural Resources, Family, Insolvency & Restructuring, Insurance, Litigation, Public, Real Estate, Tax, Rajah & Tann Asia
    Location:
    Singapore
    Firm:
    Rajah & Tann Singapore LLP
    Insolvency Series 2016: Counterparty Insolvency
    2016-04-27

    Overview

    The IMF, in a January 2016 update to its World Economic Outlook, revised its global growth projections for 2016 and 2017 down by 0.2%, citing a decline in emerging markets' growth and lower prices for energy and other commodities.[1]

    With the trough in the global economy set to continue, there is unlikely to be any respite for the marine and trade industries, where counterparty insolvency will become more prevalent. 

    Filed under:
    Singapore, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Emerging markets
    Authors:
    Prakash Pillai , Junxiang Koh
    Location:
    Singapore, United Kingdom
    Firm:
    Clyde & Co LLP
    High Court sets aside search order; affirms strict approach - surreptitious behaviour insufficient if no possibility of destruction of relevant documents
    2016-05-09

    In a recent decision Peh Yeng Yok v Tembusu Systems Pte Ltd (formerly known  as  Tembusu Terminals Pte Ltd) and others [2016] SGHC 36, Judicial Commissioner Chua Lee Ming, sitting in the High Court, elaborated on the standard required to justify a search order (also known as an Anton Piller order). The Court emphasised in particular, that the onus was on the party seeking the search order to  show that  there is  a  real  possibility that the defendants will otherwise destroy documents that are relevant to the proceedings.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Shook Lin & Bok
    Authors:
    Joseph Tay
    Location:
    Singapore
    Firm:
    Shook Lin & Bok
    Chan Siew Lee Jannie v Australia and New Zealand Banking Group Ltd [2016] SGCA 23 - Whether “third party security” has to be specified in a statutory demand
    2016-05-10

    In Chan Siew Lee Jannie v Australia and  New  Zealand Banking Group  Ltd  [2016] SGCA 23,  the Singapore Court of Appeal was faced with the issue of whether a statutory demand issued to a guarantor would be deemed defective and liable to be set aside if it did not include the details of a pledge given by the  principal debtor.

    Filed under:
    Singapore, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Shook Lin & Bok, Debtor
    Location:
    Singapore
    Firm:
    Shook Lin & Bok
    MAS Issues Proposed Enhancements to Resolution Regime for Financial Institutions in Singapore
    2016-05-15

    Financial Services Regulatory Singapore Client Alert May 2016 MAS Issues Proposed Enhancements to Resolution Regime for Financial Institutions in Singapore Background In June 2015, the Monetary Authority of Singapore ("MAS") issued a consultation paper on the Proposed Enhancements to the Resolution Regime for Financial Institutions in Singapore ("June 2015 Consultation Paper").

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Insurance, Baker McKenzie, Monetary Authority of Singapore
    Location:
    Singapore
    Firm:
    Baker McKenzie
    Singapore - - Becoming the “Delaware” of the Asia Pacific Region?
    2016-06-15

    Delaware has long established itself as a welcoming jurisdiction for various legal purposes. It began as a center for company incorporation by providing a corporate law framework that was flexible and continuously updated for new developments. More recently, Delaware has applied those same principles (plus an expansive view of venue) to become a center for major chapter 11 reorganization filings.

    Filed under:
    Singapore, USA, Delaware, Insolvency & Restructuring, Squire Patton Boggs, Debtor
    Authors:
    G. Christopher Meyer
    Location:
    Singapore, USA
    Firm:
    Squire Patton Boggs

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