Singapore updates

Insolvency & Restructuring

Contributed by Oon & Bazul LLP
Recognition of bankruptcy orders: breach of natural justice
  • Singapore
  • 16 October 2020

By a two-to-one majority, the Court of Appeal recently granted an appeal and set aside the High Court's recognition of Indonesian bankruptcy orders on the basis that there had been a breach of natural justice in their making. While recognition in this case proceeded on the basis of the common law regarding the recognition of bankruptcy orders, this case could be a useful interpretive aid for future challenges under statutory recognition procedures.

Landmark decision on legal standing of foreign companies to apply for Section 211B moratorium under Companies Act
  • Singapore
  • 28 August 2020

The Singapore High Court recently addressed, for the first time in a written grounds of decision, the question of whether a foreign company has the requisite standing to apply for a Section 211B moratorium under the Companies Act. The grounds of decision, which the court noted was issued to assist interested parties, provides much-needed clarity on the requirements of the so-called 'substantial connection test' that foreign applicants must satisfy in order to be eligible for moratorium protection under Section 211B.

DIP financing – the Singaporean way
  • Singapore
  • 17 July 2020

In 2016 the Ministry of Law unveiled plans to strengthen Singapore as an international centre for debt restructuring. Pursuant to these plans, numerous complex legislative changes were introduced to Singapore's debt restructuring and insolvency laws. This article focuses on Singapore's experience of transplanting the US Chapter 11 debtor-in-possession financing provisions into the 2017 amendments to the Companies Act.

Temporary measures to mitigate impact of COVID-19 pandemic on SMEs
  • Singapore
  • 10 July 2020

In these unprecedented times, small and medium-sized enterprises (SMEs) and their owners require swift and cost-effective methods to sustainably manage and restructure their debt burdens, so that they can focus on transforming their businesses to meet the challenges of the post-COVID-19 economy. This article examines the legislative action taken by the government thus far, with a specific focus on its impact on SMEs.

Potential cryptocurrency issues in insolvency and restructuring sphere
  • Singapore
  • 07 February 2020

Otonomos BCC Pte Ltd is one of the first technology companies specialising in blockchain technology to be wound up by the Singapore courts. As there are likely to be more insolvency and restructuring cases dealing with cryptocurrency in the near future, this article examines the legal nature of cryptocurrency in the insolvency and restructuring sphere, the feasibility of using cryptocurrency as security and the potential challenges faced by insolvency practitioners relating to cryptocurrency.

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