Category: Corporate

I. The “Flaw” of German Law

German private contract law bears one feature that makes it partly unattractive to parties to agree on its applicability on their choice of law clause in international contracts:

This “flaw”, if you would like to call it like that, is that the regulations on unfair contract terms (UCT), which originally developed on the doctrine of good faith to protect the weaker party of a contract and based today on an European Directive, apply to their largest extent not only to B2C contracts but also between commercial people.…

Minority shareholders often experience oppression or injustice when they are unfairly outvoted by the majority at shareholder meetings. Aggrieved shareholders who wish to seek recourse can rely on Sections 216 and 216A of the Companies Act.…

The Indian Insolvency and Bankruptcy Code 2016 has gained prominence for Singapore lenders, counterparties and insurers seeking debt recovery from Indian parties. The young Code ambitiously tried to reinvigorate India’s sluggish insolvency regime which was scattered across various legislations – by implementing a unified, timely procedure for debt-laden companies to either restructure or liquidate.…

In the case of Re Asia Petan Organisation Pte Ltd [2017] SGHC 204, the Singapore High Court clarified the ambit of the Court’s power to restore a company which had been struck off the Register.

Asia Petan Organisation Pte Ltd (“Company”) was incorporated in Singapore in July 2013, with Song and Tan as the 2 directors and shareholders.…