Legal Updates

Legal Updates for Jul - 2016

Singapore Bankruptcy Amendment Act Comes Into Force
In July 2015, the Singapore Parliament passed the Bankruptcy Amendment Bill, which set the stage for the reform and updating of the bankruptcy regime. The imposition of these changes has been greatly anticipated, and the Bankruptcy (Amendment) Act 2015 will now come into force on 1 August 2016. In this Update, we highlight the key elements of the new bankruptcy regime, as well as what these changes mean in practice.
28 Jul 2016 | Singapore

Regulations for the Administration of Mobile Internet Application Information Services
The People's Republic of China ("PRC") State Internet Information Office has recently issued the Regulations for the Administration of Mobile Internet Application Information Services ("Regulations"), and which will come into effect on 1 August 2016. It is the first mobile-app specific set of rules in PRC and aims at tightening the regulation of mobile Internet applications. This Update examines the key features of the Regulations, as well as its implications on business practices and decisions.
27 Jul 2016 | Singapore

What Makes Up A House? – Examining the Boundaries of Ownership of Property
One of the features of Singapore's system of land and title ownership is clarity; boundaries must be properly delineated, ownership must be registered and caveats must be properly lodged. However, this system is a product of development, and earlier records of proprietary rights were sometimes not as clear. In Peh Kah Chan v Tan Chong Realty (Pte) Ltd [2016] SGHC 135, the Singapore High Court was faced with a property transfer from the 1950s, and had to consider how far a shophouse owner had rights over the surrounding land. Andre Yeap S.C. and Yam Wern-Jhien of Rajah & Tann Singapore LLP served as instructed counsel for the Defendant in this matter.
26 Jul 2016 | Singapore

The 2016 Indonesian Tax Amnesty
After a long and difficult gestation period, the Indonesian government has passed and enacted a new Tax Amnesty Bill (RUU tentang Pengampunan Pajak) ("Tax Law 11/2016") on 1 July 2016. This update provides an overview of the key features of Tax Law 11/2016.
19 Jul 2016 | Singapore

Are Builders and Architects Liable for the Negligence of Their Sub-Contractors?
Construction projects often involve multiple specialists, including developers, builders, architects and sub-contractors. In the event of a claim for defects, the question arises as to which party will be held liable. In MCST Plan No 3322 v Tiong Aik Construction Pte Ltd and another [2016] SGCA 40, the Singapore Court of Appeal examined the apportionment of liability between builders and architects and their sub-contractors.
15 Jul 2016 | Singapore

Guide to Public Mergers & Acquisitions in Singapore, Malaysia, Indonesia and Thailand
This guide gives a brief comparative overview of certain key regulatory requirements relating to mergers and acquisitions ("M&A") of public-listed companies ("Listcos") in Singapore, Malaysia, Indonesia and Thailand.
14 Jul 2016 | Singapore

一个简单的船舶供油合同欠款引发的疑难问题

笔者最近处理了一起金额很小的船舶供油欠款纠纷,虽然案件金额很小,却引出了两个极其复杂的法律问题,这些法律问题在新加坡法下至今仍没有定论。虽然在这个案件里,双方当事人最终和解了,对双方当事人来说是一件可喜可贺的事情,但是对新加坡的法制建设来说,却错失了一次重要的发展机会。当然,外国人到新加坡来诉讼,无非是贪图新加坡扣船的便利性,他们没有兴趣、也没有义务协助新加坡的法制建设添砖加瓦。笔者在本文将这两处疑难问题提出来,希望起到抛砖引玉的作用,并希翼未来的案件能够有机会解决。

13 Jul 2016 | China

E-Tax Guide on the General Anti-Avoidance Provision of the Income Tax Act and its Application
The Inland Revenue Authority of Singapore ("IRAS") has, on 11 July 2016, issued guidance by way of an e-Tax Guide ("Guide") on the application of the Anti-Avoidance Provision, section 33 of the Income Tax Act. The Guide, available at IRAS’ website at www.iras.gov.sg, recognises that there is a spectrum of tax planning activities; at one end is legitimate tax planning, and at the other end is tax avoidance, which is planning that concerns the use of tax provisions in a manner that is not within the Parliamentary intent of those provisions.

This Update provides the key features of the Guide.
13 Jul 2016 | Singapore

MEF and MLVT Set Out Fines for Labour Law Violations

The Ministry of Labour and Vocational Training ("MLVT") is strengthening the implementation of Cambodia's Labour Law by jointly issuing a Prakas with the Ministry of Economy and Finance ("MEF"). This Joint Prakas sets out the different types of Labour Law violations, the amount of fine for each violation, and the formula to calculate the fines.

12 Jul 2016 | Cambodia

Competition Bites – ASEAN & Beyond
In the latest edition of our quarterly regional competition update, we provide a high-level roundup of the more interesting happenings around the globe from a competition law perspective. Competition regulators worldwide have not tired in their enforcement efforts, with multiple infringement decisions being issued and investigations launched in a varied range of industries. On merger notifications, we see cases where regulators have imposed fines on parties for failure to notify their acquisitions or joint ventures. In addition, regulatory interest in big data and e-commerce continues to increase, and these look to become the next big issues.
11 Jul 2016 | Singapore

Updated Patent Registry Guidelines: Criteria for Allowing Post-Grant Amendments in Light of Recent Singapore Cases
The Registry of Patents recently issued Circular No. 1/2016, which will take effect from 30 June 2016. By this Circular, the Registry has notified that in addition to the requirements under Section 84 of the Patents Act (i.e. amendments to patents shall not disclose any additional matter or extend the protection conferred by the patent), the Registry of Patents will also assess applications for post-grant amendments to patents on the following criteria: (i) Whether relevant matters are sufficiently disclosed; (ii) Whether there was any unreasonable delay in seeking amendments; and (iii) Whether the patentee has gained an unfair advantage by delaying amendments which are known to be needed. This update highlights how two recent decisions of the Singapore Courts have contributed to the issuance of this Circular, how the above criteria have been applied judicially, and some points which patentees who wish to amend their patents ought to take note of.
06 Jul 2016 | Singapore

Slight Changes to the Sporadic Land Registration Procedure

The sporadic land registration is governed by Sub-Decree No.48 dated 31 May 2002. It sets out the process of the registration in various stages. Recently, the Royal Government of Cambodia issued a new Sub-Decree to introduce slight amendments to Sub-Decree No.48 on sporadic land registration procedure.

05 Jul 2016 | Cambodia

Determination of Certifying Authority on Documents Related to Registration of Rights over Immovable Property

Previously, Art. 9 of Prakas 215 vested either the District/Khan OR Commune/Sangkat authority to certify certain documents related to the registration of various rights over immovable property such as Vente Definitif, donation, pledge, guarantee, hypothec, long-term lease, easement agreement and usufruct agreement. However, a recently-issued Joint-Prakas has clearly determined the authority to do this work.

05 Jul 2016 | Cambodia

SICC Releases First Full Judgment on Liability
In only the second case before the newly-minted Singapore International Commercial Court, and in the first full judgment on liability issued by the SICC, the court found in favour of the Plaintiffs represented by Paul Tan and Yam Wern-Jhien from Rajah & Tann Singapore LLP. This Update looks at the significant aspects of this decision.
05 Jul 2016 | Singapore

Another Extension for Re-registration Online to 30 September 2016

After three months of the extension of the deadline for re-registration online of entities, the Ministry of Commerce ("MOC”) has issued Notification No.2338 MOC.CRD dated 01 July 2016, announcing the second extension of deadline for another three months.

04 Jul 2016 | Cambodia

Tax Amnesty: A Game Changer?

After months of prolonged debate and considerable controversy, the House of Representatives finally approved the Government-initiated Tax Amnesty Bill during a plenary session on Tuesday, June 28. The Tax Amnesty (the "Amnesty") was proposed by the Government as a stop-gap measure to shore up declining tax revenues amid the ongoing economic downturn. The Government hopes that up to Rp 165 trillion will be repatriated as a result of the Amnesty, although the figures vary wildly depending on which government department is doing the talking. This has led many economists and commentators to question whether the government is actually in possession of accurate data as to the true amount of Indonesian funds parked overseas that would come within the scope of the Amnesty. The new legislation will come into effect upon its signing by the President and publication in the Official Gazette.

01 Jul 2016 | Indonesia

Last Week to Respond to CCS Consultation on Amendments to Penalty and Enforcement Guidelines
This update provides a brief outline and discussion of the CCS's latest proposed amendments to the Penalty Guidelines and Enforcement Guidelines, which is up for public consultation until 8 July 2016.
01 Jul 2016 | Singapore