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Articles by Mark Seah
What does ESG mean for a director?
Boards are often required to navigate environmental, social and governance considerations throughout the decision-making process. While the precise contours of the ESG landscape may vary considerably between regions, the shifts in ideology towards sustainable business practices are part of a wider global trend. The intensifying regulation of the space, coupled with broader adjustments in mindsets, is propelling a wave of change that continues to sweep across the world.
Flexible Work Arrangements - Next Steps For Employers
The recently announced Tripartite Guidelines on Flexible Work Arrangements Requests (Guidelines) require employers to, as far as reasonably practicable, consider employees' formal requests for flexible work arrangements (FWA) from 1 December 2024 (Effective Date). The three types of FWAs that can be requested are (i) flexible place of work, (ii) flexible working hours (with no change in total working hours and workload) and (iii) flexible workloads.
Singapore Court of Appeal clarifies the effect of foreign illegality on the law of unjust enrichment: Part I of Commentary on Esben Finance Ltd and others v Wong Hou-Lianq Neil [2022] SGCA (I) 1 | Dentons - JDSupra
Introduction With globalisation, it is increasingly important for businesses to understand not just the rules of domestic illegality but also foreign illegality. While a transaction might not contravene Singapore law, it might nevertheless breach the laws of a friendly foreign country. This could trigger the application of the rules of foreign illegality, a technical and complex doctrine that has vexed many companies with a global reach.
Introduction As observed in Part I of our commentary, unjust enrichment continues to develop as a distinct and important branch of the law of obligations. Central to the inquiry where unjust enrichment is alleged is whether there is “enrichment” recognised at law at the expense of the plaintiff and, if so, when can that enrichment be considered “unjust” such that the law will intervene to provide relief.
Whose money is it? A look at garnishee proceedings and joint-bank accounts in Timing Ltd v Tay Toh Hin and anor [2021] SGHC 5 | JD Supra
Introduction Garnishee proceedings are one of the many options available to a judgment creditor to enforce a judgment debt. These proceedings are typically used to obtain monies in a judgment debtor’s bank account – such that the bank in question would have to transfer the monies in the account directly to the judgment creditor to satisfy the judgment debt owed. Garnishee proceedings consist of two stages.
Simplified Insolvency Programme (Singapore) | JD Supra
The Simplified Insolvency Programme (SIP) has been instituted to facilitate the restructuring or liquidation of micro and small companies (MSCs). The SIP was ushered in by the Insolvency, Restructuring and Dissolution (Amendment) Act 2020 (IRDA Amendment Act), with the relevant provisions recently commencing on 29 January 2021.
The Insolvency, Restructuring and Dissolution Act 2018 – A New Chapter in Singapore’s Insolvency Laws | JD Supra
The Insolvency, Restructuring and Dissolution Act 2018 (IRDA), together with its 48 related pieces of subsidiary legislation, came into force on 30 July 2020. It draws together the previously discrete individual and corporate bankruptcy laws into a single, consolidated piece of legislation, aimed at maintaining Singapore’s competitive edge as a restructuring hub.
Corporate and individual bankruptcy under one roof - What to expect in the upcoming Insolvency Bill | JD Supra
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