Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 4 - Oct/Nov/Dec 2018
 

MAS Issues Guidelines for the Provision of Digital Advisory Services

In October 2018, the Monetary Authority of Singapore ("MAS") issued the Guidelines for the Provision of Digital Advisory Services to facilitate the provision of these services in Singapore. The Guidelines incorporate feedback received pursuant to a public consultation in June 2017 as well as learning points from MAS' engagements with the industry.

The guidelines will improve clarity on how existing rules apply in the context of digital advisory services. To make it easier for entities offering digital advisory services to operate in Singapore, the guidelines also set out refinements in the licensing and business conduct requirements under the Securities and Futures Act ("
SFA") and Financial Advisers Act ("FAA").

The Guidelines can be viewed here.

Singapore Employment Act Extended to All Employees

In November 2018, the Singapore Parliament passed the Employment (Amendment) Bill. The amendments will see all employees being accorded greater protection and rights.  Some of the key changes include expanding the core provisions of the Act to cover all managers and executives regardless of their salary levels, amending the definition of dismissal to include forced resignation, mandating statutory leave entitlements to all employees and not just Part IV employees, and increasing the salary level threshold of employees entitled to statutory protections under Part IV of the Act (such as stipulations on working hours and rest days).

The above changes will take effect from 1 April 2019.

Consultation on Proposed Changes to Delisting Rules

On 9 November 2018, Singapore Exchange ("SGX") Regulation ("SGX RegCo") issued a consultation paper on proposed amendments to the voluntary delisting regime. The proposed amendments are aimed at aligning the interests of the offeror and shareholders, in particular minority shareholders, as much as possible, and relate to the exit offer and the shareholder approval thresholds for the voluntary delisting resolution.

The consultation ended on 7 December 2018. Subject to feedback received, SGX hopes to implement the new rules in 2019.  Click here to read our client update.

Court of Appeal Upholds Setting Aside of Investor-state Arbitral Award

In Kingdom of Lesotho v Swissbourgh Diamond Mines (Pty) Limited and others [2017] SGHC 195, the Singapore High Court allowed the Kingdom of Lesotho's application to set aside an investor-State arbitral award. This marked the first time the Singapore courts allowed an application to set aside an investor-State arbitration award on the merits. The application engaged novel issues of international arbitral law, international investment law and public international law.

Click here to read our client update.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

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Contacts:

Francis Xavier, SC, PBM
Partner
D +65 62320551
francis.xavier@rajahtann.com

Chia Kim Huat
Partner
D +65 62320464
kim.huat.chia@rajahtann.com

Howard Cheam
Partner
D +65 62320685
howard.cheam@rajahtann.com

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