While there were a number of significant decisions in both the District and High Courts that will be discussed in this article, the landscape for securities regulation in 2017 was dominated by the passing of the Securities and Futures (Amendment) Act 2017 (Act 4 of 2017) in January 2017....

The decline in commodity prices has badly impacted the resource and shipping sectors worldwide. There have been a significant number of defaults on bonds listed on the Singapore Exchange, which includes those of many foreign entities. The flip side of having a wall of corporate debt maturing in...

This paper attempts to identify the salient economic features of M&A transactions that are relevant to takeover regulation. While attainment of the optimal mechanism in every instance may not be possible, we have suggested general guidelines as to how takeover regulation should move towards the...

Many traditional legal concepts have struggled in the financial markets. This paper examines local cases and developments that have dealt with the allocation of risks in the credit and securities markets. The issue often appears to be whether to characterize a transaction as, for example, a sale...

The English Court of Appeal in Fons Hf v Corporal Ltd. [2014] EWCA Civ 304 has recently confirmed that the phrase “debenture” when used in a charge agreement should be given its ordinary wide meaning. Some caution should be attached to this holding. Although the word “debenture” commonly...

It was long feared that the area of law involving piercing the corporate veil would be unable to survive a stress test, and this appeared to be confirmed by the Supreme Court decisions in Prest v Petrodel Resources Limited (Prest) and VTB Capital plc v Nutritek International Corp

Two recent English Court of Appeals decisions in Financial Conduct Authority v Capital Alternatives Ltd and Asset Land Investment Plc v Financial Conduct Authority have held that various land investment schemes are collective investment schemes as defined in section 235 of the Financial Services...

The extent to which a surety can impeach a security sought to be enforced by a creditor is an issue of no mean significance. In this context, three important doctrines have occupied a great many pages in law reports across the Commonwealth, particularly in recent years. These are, respectively,...

There was a time when one could be a specialist in company law. Chao Hick Tin JA was a product of that time. Even though the subject has become so complex that it is now impossible for one person to master every part of it, the grounding received by those we would now see more as generalists was...

There were about ten cases in 2018 involving securities or capital markets regulation, as the area may increasingly become known in Singapore with the coming into effect of the Securities and Futures (Amendment) Act 2017 in October 2018. This is because one of the main changes introduced was the...