Welcome to the 2nd issue of the Dentons Rodyk Reporter in 2023.

The Dentons Rodyk Reporter is a compendium of commentaries produced and published by Dentons Rodyk Academy. Articles and updates on the latest developments in the law and industry practices are conveniently categorised in the following specialist bulletins. Please click on the links to read the articles.

Business Bulletin

• Singapore extends the Variable Capital Companies grant scheme for two more years
• Recent trends & developments in W&I insurance in the APAC M&A landscape
• Revisiting the law of gifts – is an intention to give enough? If not, what else must the donor do?
• Roles and responsibilities under the Workplace Safety and Health Act
• Amalgamation and striking-off as effective tools in restructurings
• Budget 2023 Tax Developments

Litigation Briefs

• Discharging the burden of proof in a property tax appeal: lessons from two recent property tax cases
• The Singapore Court of Appeal clarifies the law governing arbitrability in the pre-award stage – Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1
• “A company’s afterlife: an end is not necessarily the end” – the status of contingent liabilities after a company’s death
• A tale of two frustrations
• Winding up suspicious transaction reporting – insolvency practitioners take note

Starboard

• Starboard: United Nations Convention on the international effects of judicial sales of ships adopted by General Assembly

Showing 1 - 10 of Total Results (12)

Winding up suspicious transaction reporting – insolvency practitioners take note

February 20, 2023

Singapore: This update looks at the implications for insolvency practitioners and whether they have a reporting duty under section 45(1) of the CDSA in respect of offences under the IRDA which have now been added as predicate offences under the CDSA. It also looks at the interplay between the confiscation of benefits under the CDSA and the availability of these funds for distribution to the creditors of an insolvent company.

A tale of two frustrations

February 20, 2023

Singapore: Could the circuit breaker measures and restrictions that were implemented by the government in an effort to control the spread of the COVID-19 pandemic in Singapore from 7 April 2020 to 1 June 2020 be capable of rendering a contract impossible to perform, thus frustrating the contract? The High Court recently considered this very issue in two cases; but with differing outcomes. This article takes a look at the ramifications of the two differing outcomes on the jurisprudence of the law of frustration.

Budget 2023 Tax Developments

February 17, 2023

Singapore: Budget 2023 has introduced several tax developments impacting both businesses as well as high-net-worth individuals. In this client alert, we introduce the key tax changes that are most relevant for our clients.

Amalgamation and striking-off as effective tools in restructurings

February 16, 2023

Singapore: This article discusses the increasing use of amalgamations and striking-off applications by corporations in restructuring their businesses to divest non-core pieces of their businesses.

Roles and responsibilities under the Workplace Safety and Health Act

February 16, 2023

Singapore: This article discusses certain key roles and capacities identified in the Workplace Safety and Health Act and the various duties and responsibilities with respect to workplace safety and health that are imposed on persons in such roles and capacities.

Revisiting the law of gifts – is an intention to give enough? If not, what else must the donor do?

February 14, 2023

Singapore: A donor intends to make a cash gift to a family member but fails to follow through with the processes required at law. Should the Court give effect to the donor’s intention? In this article, we will unpack the WDS Decision, which serves as a timely reminder that an intention to give is clearly not enough; the donor must have at least done everything in her power to effect the gift. In the case of a cash gift intended to come from a bank account, the donor must have at least signed the bank transfer form and passed the bank transfer form to the bank or the donee.

Recent trends & developments in W&I insurance in the APAC M&A landscape

February 13, 2023

Singapore: The use of warranty and liability insurance has been steadily growing in the APAC region. This article discusses recent trends and developments and provides insights for buyers and sellers across APAC.

“A company’s afterlife: an end is not necessarily the end” – the status of contingent liabilities after a company’s death

February 6, 2023

Singapore: Does the termination of the company truly signal the end of its legal liabilities and allow the parent a clean break from its subsidiary? This is a legal issue that is often encountered but does not appear to be sufficiently analysed. In this article, we will briefly consider that legal issue in light of the recent Singapore High Court decision of Management Corporation Strata Title Plan No 4339 v Coral Edge Development Pte Ltd (dissolved) (Thio Khiaw Ping Kelvin and another, non-parties) [2022] SGHC 250 (Coral Edge Development).

Singapore extends the Variable Capital Companies grant scheme for two more years

January 31, 2023

Singapore: The introduction of the Variable Capital Companies (VCC) grant scheme (VCCGS) has catalysed the adoption of VCCs in Singapore. The VCCGS was initially intended to end on 15 January 2023, but due to high demand, the Monetary Authority of Singapore (MAS) has now extended the VCCGS from 16 January 2023 until 15 January 2025 (both date inclusive), known as the Extended VCCGS. The Extended VCCGS seeks to build on the momentum and continue to broaden VCC adoption, and support more fund managers in setting up their first VCC.

The Singapore Court of Appeal clarifies the law governing arbitrability in the pre-award stage – Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1

January 20, 2023

Singapore: The Singapore Court of Appeal’s recent decision of Anupam Mittal v Westbridge Ventures II Investment Holdings [2023] SGCA 1 established that a dispute must be arbitrable under both the law of the seat and the law of the arbitration agreement before the arbitration agreement can be upheld in the pre-award context (e.g., application for stay of court proceedings, anti-suit injunction). The significance is that the law of the arbitration agreement has grown in importance as it not only governs general issues of validity of the arbitration agreement, but also arbitrability of the dispute.

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