Legal Updates

Legal Updates for April 2018

Competition Bites – South-East Asia & Beyond
Welcome to the Spring edition of our regional competition law updates, providing you with bite size information about the important developments in competition law around the world in the first quarter of 2018. We also take this opportunity to thank all the attendees who made our 6th Regional Competition Conference a success!

PDPC Issues Advisory Guidelines on In-Vehicle Recordings by Transport Services for Hire
On 9 April 2018, the Personal Data Protection Commission issued advisory guidelines on in-vehicle recordings by transport services for hire ("Advisory Guidelines"). Developed in consultation with the Land Transport Authority, the Advisory Guidelines were issued to provide guidance on ensuring compliance with the provisions of the Personal Data Protection Act 2012 when in-vehicle recording devices ("IVRDs"), such as inward-facing cameras and audio recorders are used. This update summarises the Advisory Guidelines.

Technology, Media and Telecommunications Regional Update: A Recap from January 2018 to March 2018
Welcome to the latest edition of our quarterly regional Technology, Media and Telecommunications update. The first quarter of 2018 has been a busy one, and we are excited to provide you short and easy-to-read write-ups on the latest developments in the ASEAN region.

Singapore Court of Appeal Affirms Dismissal of Conspiracy and Misrepresentation Claims Surrounding Indonesian National Identity Card Project, and Clarifies When a Director May Be Liable for Conspiracy with Company
In PT Sandipala Arthaputra v STMicroelectronics Asia Pacific Pte Ltd [2018] SGCA 17, the Singapore Court of Appeal issued its judgment on a dispute concerning the supply of 100 million microchips for use in a tender contract with the Indonesian government, for the production of electronic identification cards called electronic-KTP cards for all Indonesian citizens. The 1st respondent in this appeal was successfully represented by Danny Ong, Yam Wern-Jhien, Jeremy Gan, and Danitza Hon of Rajah & Tann Singapore LLP.

Singapore Exchange to Allow Dual Class Share Structures; Proposes Safeguards
Having received broad support for dual class share ("DCS") structures following a February 2017 public consultation on a possible listing framework for DCS structures, the Singapore Exchange ("SGX") will allow the listing of companies with DCS structures. Issuers who wish to list with a DCS structure must meet the Mainboard listing criteria under Chapter 2 of the SGX-ST Mainboard Rules, and other additional requirements under the proposed DCS listing framework ("Framework").

On 28 March 2018, SGX issued its response to feedback received on the February 2017 consultation, and at the same time, commenced its second consultation in respect of the Framework. This consultation sets out proposed amendments to the Mainboard Rules to codify the Framework, and details of proposed safeguards.

Navigating the Framework for Claiming against an Insolvent Company
Once a company enters liquidation, its creditors are subject to the statutory framework and common law principles for pursuing claims against the company and its liquidator. Creditors may sometimes attempt to circumnavigate the prescribed order of priority under the statutory framework by seeking to establish security or other equitable interests. Such was the case in Carpe Diem Holdings Pte Ltd v Carpe Diem Playskool Pte Ltd and others [2018] SGHC 37, though the applicant creditor was ultimately unsuccessful in this instance.

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