December 22, 2015

RHTLaw Taylor Wessing Deputy Head of Capital Markets Practice Ch’ng Li-Ling quoted in The Business Times

RHTLaw Taylor Wessing’s Deputy Head of Capital Markets Practice, Partner Ch’ng Li-Ling, was quoted in The Business Times article titled “SGX shares case studies of private disciplinary action”. The article was first published in The Business Times on 22 December 2015.   SGX shares case studies of private disciplinary action Source: The Business Times © Singapore Press Holdings Ltd. Date: 22 Dec 2015 Author: Kenneth Lim THE Singapore Exchange (SGX) is lifting the lid on private disciplinary actions to give the market insight into regulatory deliberations and how-to tips on staying compliant. Case studies provided are solely for educational purposes, it said, adding: "Information shared in the case studies may have been modified to protect the identity of the companies." As part of a new "Listing Compliance Bulletin", the market operator has also published a number of templates and checklists for issuers who are seeking exchange approval for corporate actions such as stock placements, rights issues, share consolidation, deadline extensions or waivers. For the first time, SGX has published 10 case studies of private disciplinary action that the market operator has taken against errant issuers and their directors or advisers. Private disciplinary action is typically taken for less severe breaches of listing rules, and can include reminders or warning letters. Public disciplinary actions often take the form of reprimands. SGX took 29 private and public regulatory actions in the year ended June 2015. In one case study, SGX noted that a company had failed to announce an increased stake in a subsidiary because staff was unaware of the requirement. The company undertook briefings to educate its staff to prevent recurrence. "These case studies of non-public regulatory decisions highlight common pitfalls, areas of concern and circumstances which would lead to a breach of the listing rules," SGX said in a statement. "We hope these case studies will provide insight to market participants on the key considerations SGX deliberated on when deciding on regulatory actions. Some examples of steps taken by affected issuers to improve their internal controls are also mentioned. We hope issuers will find these case studies a useful guide for the strengthening of their internal processes and controls so as to avoid similar occurrences." Beyond regulatory case studies, the "Listing Compliance Toolkit" section of the new bulletin provides templates and checklists for issuers seeking approval for various corporate actions. SGX said it would update those templates constantly based on feedback that it receives. "The toolkit is aimed at making regulatory compliance more structured, efficient and simpler to understand," SGX said. "Contained in the toolkit are template forms for corporate actions. These are focused on addressing areas of the highest regulatory concerns with regards to corporate actions and to facilitate approval of submissions." SGX has also introduced compliance guidelines aimed at providing better clarity to sponsors of issuers on the Catalist board. The first guideline issued by the exchange lays out what SGX considers to be the minimum due diligence that sponsors must carry out in determining whether to accept a new client. Before taking on a new client, sponsors much evaluate the issuer's business, financial position and board dynamics and compliance issues, SGX said. Sponsors must also assess the suitability of directors and the efficacy of the board, and determine whether an issuers has sufficient systems, procedures, controls and resources. Chng Li-Ling, deputy head of the capital markets practice at RHTLaw Taylor Wessing, welcomed the greater transparency from the regulator. "The case studies are helpful in highlighting the different scenarios in which companies and professionals have fallen short of expected regulatory standards," Ms Chng said. "Most of these scenarios can easily happen to a listed company, so the recommended practices as highlighted in the case studies are helpful as a guide for listed companies."
December 11, 2015

RHTLaw Taylor Wessing Corporate and Litigation & Dispute Resolution Partner Patrick Dahm published a post titled “The potential of South-East Asian Economic Community (ASEAN Economic Community)”

RHTLaw Taylor Wessing’s Corporate and Litigation & Dispute Resolution Partner Patrick Dahm published a post on LinkedIn titled “Das Potential der südostasiatischen Wirtschaftsgemeinschaft (ASEAN Economic Community)” (The potential of the ASEAN Economic Community). The post contains the transcript of Patrick’s speech at an event jointly organised by German Asia-Pacific Business Association (Ostasiatischer Verein eV) and Taylor Wessing in Hamburg on 25 November 2015. Held in German, Patrick’s speech discussed the potential of the ASEAN Economic Community. To view the post, please click here.
December 7, 2015

RHTLaw Taylor Wessing announces new Corporate and Capital Markets Partner hire

RHTLaw Taylor Wessing is strengthening its Corporate and Capital Markets Practices further with the appointment of Ms Ow Kim Kit as Partner with effect from 1 December 2015. Kim Kit is a seasoned corporate and banking lawyer with many years of experience as an in-house counsel in both public and private institutions.    Commenting on the appointment, RHTLaw Taylor Wessing’s Managing Partner Tan Chong Huat said, “We are certain that Kim Kit’s vast corporate and banking experience as well as her in-depth knowledge gained from working with Singapore’s regulatory institution and international arbitration institutions will serve us well in our work with our clients.”      Kim Kit was previously a Senior Legal Counsel at the Monetary Authority of Singapore (MAS) from 2004 to 2007, during which she was involved in the development and drafting of Singapore’s banking laws and regulations. She went on to lead a team at MAS responsible for the development of the wealth management, intermediaries and trust industry in Singapore from 2013 to 2015.    In banking, Kim Kit served as in-house counsel at Scotiabank and Credit Suisse. She advised on the legal aspects of product development, transactions and documentation, both from an Investment Banking angle and also from a Private Banking angle.    Kim Kit also held a notable role at the International Chamber of Commerce (ICC) International Court of Arbitration and ICC Dispute Resolution Services, where she was appointed as the Asian regional director in December 2009. In that role, she was responsible for promoting ICC’s dispute resolution services throughout South and East Asia and Australasia. She was then appointed the Managing Director of the ICC Academy and was responsible for the setting up of its operations and e-Learning platform.   Kim Kit holds an LLB (Hons) degree from the National University of Singapore and was called to the Singapore Bar.
December 4, 2015

RHTLaw Taylor Wessing’s Lawyers Ranked Singapore’s Top 40 Most Influential Lawyers aged 40 and under

RHTLaw Taylor Wessing is pleased to announce that its Partners, Chong Eng Wee and Arvin Lee, have been ranked Singapore’s Top 40 Most Influential Lawyers aged 40 and under in the latest list by the Singapore Business Review publication. Chong Eng Wee, a Partner of RHTLaw Taylor Wessing’s Capital Markets, Corporate and China Practice, as well as Arvin Lee, a Partner and Head (China-related Disputes), have been included in the latest ranking and selected from a hundred nominees based on three main criteria: thought leadership, influence, and success. The list recognises the 40 young lawyers who have shaped the legal industry inside and outside the courtroom, or on the negotiating table. “We are very pleased to have Eng Wee and Arvin recognised as Singapore’s Top 40 Most Influential Lawyers below 40 and under in the latest Singapore Business Review ranking. Both Eng Wee and Arvin are leaders in their respective fields and possess the right attributes to excel and have influence over their peers,” according to RHTLaw Taylor Wessing Managing Partner Mr Tan Chong Huat. Eng Wee is a corporate practitioner whose areas of practice include corporate and securities law, capital markets, mergers and acquisitions, private equity, corporate restructuring, joint ventures, corporate and commercial contracts, regulatory compliance, corporate governance advisory and corporate secretarial work. He has advised companies on a range of corporate finance and capital markets transactions such as initial public offerings, pre-IPO investment, reverse take-overs, rights issues and placements, acquisitions and disposals of shares and assets, joint ventures, private equity, and corporate restructuring transactions. Eng Wee has also acted as counsel for clients in various cross border transactions with PRC elements, and frequently advises listed companies on their regulatory compliance and corporate governance issues. Arvin is a partner and Head (China-related Disputes) and is also involved in the Banking & Finance and China Practice groups at the law firm. Arvin’s international dispute resolution experience was given a strong institutional foundation through earlier roles as Deputy Head (China) and Counsel at the Singapore International Arbitration Centre. Arvin combines disputes work with advisory work in relation to China deals to develop a solid feel for the transactional anatomy of disputes – recent experience includes advice on a complex arbitration clause in relation to a bespoke equity buyout agreement; and on Singapore law aspects of suite of definitive agreements in a USD 50 Chinese private equity investment in Indonesia’s largest ferro-nickel project to date, which he was personally instructed on.