Solutions / Dispute Resolution

Shareholders' Agreement

This Article by Mark Lee Chambers Law Corporation explains the importance behind a well drafted and comprehensive agreement between shareholders and examines both the legal underpinnings of these contracts and explores practical options for allocating rights and liabilities across different business scenarios.

Mark Lee Chambers Law Corporation

Shareholder Disputes: Oppression, Buyout Orders, Share Valuation

This Article by Mark Lee Chambers Law Corporation explores both the legal and technical aspects of shareholder oppression claims and business / share valuations.

Mark Lee Chambers Law Corporation

Shareholder Decisions - The Power of the Vote

When corporate management is vested solely in the Board, can shareholders ever make business decisions for the company? This Article by Mark Lee Chambers Law Corporation examines the rare exceptions to this rule and outlines the factors courts consider when allowing shareholders to intervene in corporate management.

Mark Lee Chambers Law Corporation

Shareholder - The Concept of Rights & Liabilities

This Article by Mark Lee Chambers Law Corporation examines the legal relationship between a company and its shareholders post-incorporation, focusing on the specific rights shareholders retain when day-to-day management is vested entirely in the Board.

Mark Lee Chambers Law Corporation

Share Buyout - Applicability of Discounts

When courts find shareholder oppression, a share buyout is a common enough remedy to the aggrieved shareholder. This Article by Mark Lee Chambers Law Corporation discusses the circumstances under which valuation discounts may be applied when the court orders a buyout to remedy the oppression.

Mark Lee Chambers Law Corporation

Power to Grant Relief - A Director's Liability under Section 391 of the Companies Act 1967

This Article by Mark Lee Chambers Law Corporation explores the reliefs a director might seek under section 391 of the Companies Act 1967 when facing legal action for a breach of director's duties.

Mark Lee Chambers Law Corporation

Lifting the Veil of of Incorporation

This Article by Mark Lee Chambers Law Corporation discusses the concept of the separate legal personality following the incorporation of a company in Singapore.

Mark Lee Chambers Law Corporation

Directors - The Concept of Duties & Liabilities

This Article by Mark Lee Chambers Law Corporation discusses the concept of directorships in Singapore and explains that while the law recognises only one form of directorship, in practice, there are several kinds of directors including executive and non-executive directors. All owe fiduciary duties to the company.

Mark Lee Chambers Law Corporation

Derivative Action by Shareholders

This Article by Mark Lee Chambers Law Corporation discusses the very common scenario of a deadlock between a company and its shareholders. We discuss specific circumstances where a shareholder's request for enforcement and accountability are rebuffed by the Board.

Mark Lee Chambers Law Corporation

Companies - Corporate Personality

This Article by Mark Lee Chambers Law Corporation provides an overview on how companies are incorporated in the Republic of Singapore and explains the effects of incorporation and the relationships between the company and its shareholders after incorporation.

Mark Lee Chambers Law Corporation

Case Update: Sakae Holdings Ltd [2018] SGCA 33

This Case Update by Mark Lee Chambers Law Corporation discusses the decision made by the highest court in the Republic of Singapore relating to minority oppression claims brought under Section 216 of the Companies Act 1967. The important distinction is drawn between personal wrongs suffered by a shareholder and corporate wrongs committed against the company, and in what situations may a finding of commercial unfairness be found to support a claim for oppression.

Mark Lee Chambers Law Corporation

Case Highlight: Reverse Oppression

This Case Highlight by Mark Lee Chambers Law Corporation discusses the topic of whether a majority shareholder may ever be "oppressed" by the minority.

Mark Lee Chambers Law Corporation

Case Highlight: Shareholder Oppression and the Relevance of a Buyout Remedy

This Case Highlight by Mark Lee Chambers Law Corporation discusses a decision made by the High Court of the Republic of Singapore to dismiss an application made by the majority shareholders to strike out a minority shareholder's claim for oppression, on grounds that a buyout offer had already been made. The majority shareholders' application was successfully resisted.

Mark Lee Chambers Law Corporation

Access to a Company's Documents & Records

This Article by Mark Lee Chambers Law Corporation explores a director's rights of inspection vis-a-vis company documents and the avenue one has when his/her entitlement is restricted.

Mark Lee Chambers Law Corporation

Key Legal and Compliance Considerations for Chinese Investments in Malaysia

This document, presented by Ravindran Advocates & Solicitors, provides a legal and regulatory guide for Chinese enterprises investing in Malaysia. It covers foreign investment policies, business incorporation requirements, taxation, and corporate governance under Malaysia’s Companies Act 2016. Key topics include foreign ownership structures, anti-corruption compliance, tax incentives, and dispute resolution mechanisms. The document also highlights sector-specific investment opportunities, such as manufacturing, infrastructure, technology, and renewable energy, along with Malaysia’s Double Taxation Agreement (DTA) with China to reduce tax burdens for cross-border businesses. With a strategic location, pro-business policies, and strong legal protections for foreign investors, Malaysia presents significant opportunities. This guide serves as a comprehensive resource for businesses navigating Malaysia’s regulatory landscape and ensuring compliance.

Ravindran Advocates & Solicitors

Protecting Your Investment Offshore: Legal Strategies for Success

This document, presented by Appleby, provides a comprehensive legal guide to offshore investment structures, asset protection, and dispute resolution for global investors, particularly Chinese enterprises utilizing offshore jurisdictions such as Bermuda, the British Virgin Islands (BVI), and the Cayman Islands. Key topics include pre-investment due diligence, shareholder rights, fund structures, enforcement of Chinese court judgments offshore, asset recovery, and corporate liquidation strategies. The document also explores the legal frameworks governing offshore entities, including limited partnerships, shareholder agreements, and creditor rights in insolvency cases. With insights on cross-border compliance, tax structuring, and dispute resolution mechanisms, this guide serves as a valuable resource for investors seeking to safeguard their offshore assets and navigate complex international regulations.

Appleby

Comprehensive Guide to Mergers & Acquisitions in Switzerland

This document provides an in-depth legal and regulatory guide to mergers and acquisitions (M&A) in Switzerland. It covers key principles, the legal framework, regulatory bodies, transaction structures, due diligence, competition law considerations, tax implications, and dispute resolution. The guide also outlines essential transaction documents, such as share purchase and asset purchase agreements, and discusses future trends in Swiss M&A, including the impact of technology and globalization. With detailed checklists and regulatory insights, this guide is an essential resource for investors, corporate executives, and legal professionals engaging in M&A transactions in Switzerland.

Ruggle Partner

Morocco: A Leading Hub for Mediation and Arbitration in Africa

This document provides an overview of Morocco’s evolving legal framework for arbitration and mediation, highlighting the enactment of Law 95-17, which came into force on June 14, 2022. The law introduces an independent and modernized approach to alternative dispute resolution (ADR), offering flexibility, efficiency, and technological integration, including electronic procedural exchanges and remote hearings. The document analyzes key features such as the role of arbitrators, remuneration rules, and international arbitration criteria, while also identifying areas for improvement, including clearer expertise requirements and enhanced cybersecurity measures for digital arbitration processes. This makes Morocco a competitive and strategic ADR hub for investors and businesses operating in Africa and beyond.

I&I Law Firm

Investing in South Korea: Tax-Related Questions and Answers Guide

This document provides a comprehensive question-and-answer guide on tax-related matters for investing in South Korea, covering corporate tax, personal income tax, value-added tax (VAT), digital tax, transfer pricing, withholding tax, and tax incentives. It explains South Korea’s tax structure, tax filing requirements, tax compliance deadlines, and tax incentives for foreign investors. The guide also details South Korea’s tax treaty with China, including double taxation avoidance, mutual agreement procedures (MAP), and preferential tax treatments. Additionally, it highlights sector-specific tax policies, such as those applicable to the technology, manufacturing, and export industries, as well as tax risks and dispute resolution mechanisms. This resource is essential for businesses, foreign investors, and tax professionals navigating South Korea’s tax environment.

Leadvisor Law

Egypt Customs Guide: Frequently Asked Questions (FAQs)

This document provides a comprehensive FAQ guide on customs regulations in Egypt, covering customs duties, import/export procedures, tariff classifications, exemptions, and compliance requirements. It explains the structure of Egyptian customs laws, the role of the Egyptian Customs Authority, duty calculation methods, free zone regulations, and temporary exemptions. The guide also details penalties for customs violations, procedures for goods inspection, warehouse regulations, and dispute resolution mechanisms. Additionally, it highlights special conditions for transit goods, foreign investment incentives, and trade facilitation measures. This resource is essential for businesses, importers, exporters, and legal professionals navigating Egypt’s customs procedures and trade regulations.

Leadvisor Law