Shareholders Agreement

In this joint article between our Joint Managing Director, Mr Mark Lee and Ms Melissa Lee, Director of Sales, Manulife Financial Advisers, we explore both the legal underpinnings of a shareholders agreement and some possible practical options available to parties to apportion their rights and

Published on 5th July, 2023 by Mark Lee

SHAREHOLDER DISPUTES (oppression, buy-out and share/business valuation)

Section 216 of the Companies Act (Cap 50) provides an avenue for a minority shareholder who has been “suffering” at the hands of the controlling majority to seek redress. Such specific remedies available to a “suffering” minority shareholder are listed at Section 216(2) of the Act, including; to

Published on 13th August, 2021 by Mark Lee

Share Buyouts (Applicability of Discounts)

In this article, our Joint Managing Director Mr Mark Lee looks into the Court of Appeal’s judgment in Liew Kit Fah v Koh Keng Chew [2020] 1 SLR 275, s216(2) of the Companies Act and the issue of applying discounts for "lack of control" and "lack of marketability" when conducting a share valuation.

Published on 30th April, 2021 by Mark Lee

Corporate Rescue Mechanisms in Singapore

In this article, we seek to provide a roadmap of the various corporate rescue mechanisms available to companies facing financial distress in Singapore.

Published on 23rd April, 2020 by Mark Lee

Modes of Commencement – Pleadings (Civil Litigation Practice Series)

A guide to commencing Court proceedings and filing of pleadings (Statement of Claim, Defence and Reply)

Published on 5th June, 2019 by Mark Lee

Tort of Negligence – Punishing “Carelessness”?

What can one do when he/she suffers a loss as a result of the negligent act/omission of another? In this article, we examine the intricacies of the tort of negligence in Singapore.

Published on 26th February, 2019 by Mark Lee

Lifting the Veil of Incorporation

Arguably, the biggest advantage of incorporating a company is the concept of “limited liability”. The principle of the separate legal personality, however, is not immune from abuse. In this article, we seek to highlight the exceptional circumstances where the Court may ignore the separate legal

Published on 8th August, 2018 by Mark Lee

Case Update:- Ho Yew Kong v Sakae Holdings Ltd [2018] SGCA 33

This is a case note on the Court of Appeal decision in Ho Yew Kong v Sakae Holdings Ltd [2018] SGCA 33 dealing with issues in relation to shareholder minority oppression claims (Section 216, Companies Act (Cap. 50))

Published on 6th August, 2018 by Mark Lee

Derivative Action by Shareholders; Section 216A of the Companies Act

What can shareholders do when they feel that the company ought to enforce certain corporate rights but its directors refuse to do so. Are shareholders helpless in the face of a "rogue" Board of Directors?

Published on 24th May, 2018 by Mark Lee

Letters of Demand (Civil Litigation Practice Series)

A guide on what constitutes a Letter of Demand, how it should be prepared and how to respond to the same.

Published on 26th April, 2018 by Mark Lee

Voluntarily Causing Hurt – Section 323 (Penal Code)

In this article, we look at the criminal offence of Section 323 of the Penal Code (Cap. 224) - Voluntarily Causing Hurt.

Published on 19th May, 2017 by Mark Lee

Injunctions, Interim Orders, Anton Pillar Orders

Pending the conclusion of the dispute at trial, one party may be unfairly subject to suffer continued losses / damages if the other party is allowed to persist in committing a certain act or is not refrained from doing so. In this article, we explore various avenues open to parties of a Court

Published on 12th May, 2017 by Mark Lee

Conclusion / Resolution of Court Proceedings

In this article, we explore the various circumstances and avenues available to parties of a Court proceeding to end / conclude / resolve the matter without having to go to trial.

Published on 21st April, 2017 by Mark Lee

Access to a Company’s Documents & Records

In this article, we explore the ambit of a director's right (at law) to inspect / access the company's documents and records. We also briefly examine how such a right may differ because of the different roles played by a shareholders and directors of a company.

Published on 14th April, 2017 by Mark Lee

Power to Grant Relief – Directors’ Liability; Section 391 of the Companies Act

Section 391 of the Companies Act (Cap 50) (“the Act”); which provides the Court a power to relieve directors from the consequences of their negligence, default, breach of duty or breach of trust. In this article, we seek to provide a brief snapshot of the ambit of such a power of the Court.

Published on 7th April, 2017 by Mark Lee

Law of Defamation – Protecting One’s Reputation (Civil Litigation Practice Series)

When can one commence a claim for defamation? How does one avoid being sued or liable for defamation? This article explores the balance that the law seeks to find between the right to freedom of speech and the right to protect one's reputation.

Published on 10th March, 2017 by Mark Lee

Directors – The Concept – Duties & Liabilities

How does the law mitigate the risk of an errant director mismanaging the company. In this article, we explore the various duties and obligations imposed upon a director by statute and under general law.

Published on 3rd March, 2017 by Mark Lee

Shareholder – The Concept - Rights & Liabilities

Whilst shareholders “own” the company, the directors “manage” and run the company’s day-to-day to operations. In this article, we explore the rights and liabilities of a shareholder.

Published on 24th February, 2017 by Mark Lee

Claiming Trial – Implications – Procedure (Criminal Litigation Practice Series)

After being formally charged in Court, an accused has two (2) options; (a) to plead guilty or (b) to claim trial. What are the implications of choosing one option over the other? What should one expect during a criminal trial?

Published on 17th February, 2017 by Mark Lee

Companies - Corporate Personality

It is not difficult to incorporate a company in Singapore but not everyone may be aware of the legal implications / effects of such incorporation. This article seeks to provide a brief snapshot of the incorporation process and its legal effects.

Published on 10th February, 2017 by Mark Lee

Individual & Corporate Debt Recovery (Civil Litigation Practice Series)

What should you do when someone owes you money but refuses to pay up? In this article, we seek to provide a roadmap of the debt recovery process to hopefully help guide you (i.e. the creditor) through your own debt recovery journey.

Published on 3rd February, 2017 by Mark Lee

Enforcement of a Judgment / Court Order (Civil Litigation Practice Series)

A guide on such avenues available to a "winning" party to enforce his / her rights against a "losing" party.

Published on 16th January, 2017 by Mark Lee

Letter of Representations - Plead Guilty Mentions (Criminal Law Practice Series)

A guide on what to do after being charged, leading up to negotiations with the prosecution and the Plead Guilty Hearing.

Published on 16th January, 2017 by Mark Lee