【财富岚海】专栏 | 抽丝剥茧:英美法系下信托的本源

经常有客户来问我,在新加坡设立信托的门槛是多少,回报是多少?一听这个问题,我就知道他们对英美法系的信托并没有真正理解。信托其实是英美法系的独特产物,本文将为各位读者系统地解释一下英美法系下的信托根本性质和起源,以及其在财富管理体系中的强大功能。

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【财富岚海】专栏 | 英美法系下,共有产权的法律形式

在英美法系国家买过房产的朋友,一定对Joint Tenancy(联合共有)和Tenancy in Common(按份共有)这两个法律词汇不陌生。但其实在英美法系,包括新加坡在内,共有产权的制度贯穿于整个财产所有权结构之中,不仅仅应用于房产。因此,理解这两种共有制度,对于财富传承的规划至关重要。

首先,“Tenancy”(租赁)在这两个词汇中并不指代租赁关系,只是持有关系的术语,因为这个词的起源是在这种共有关系最初产生的年代,那时英国所有的土地都是根据王室的封建租约持有的。 Continue reading “【财富岚海】专栏 | 英美法系下,共有产权的法律形式”

Singapore Private Equity and Venture Capital Landscape Series – Limited Partnerships

Limited partnerships (LPs) are commonly used globally as fund vehicles for both private equity (PE) and venture capital (VC) funds. In Singapore, LPs were created as a business vehicle by the Limited Partnerships Act in 2008 (the Act), which came into effect on 4 May 2009 as part of Singapore’s efforts to become a fund management hub.

Those efforts have been supplemented by a myriad of other measures including (a) the creation of variable capital companies (VCCs) by the Variable Companies Act 2018, which came into force only on 14 January 2020; (b) the establishment of several classes of fund management licences including the venture capital fund management licence; and (c) a favourable tax environment that includes a one-tier system of taxation of income, no capital gain taxes and an extensive network of double taxation treaties, as well as several incentive schemes and grants. We will discuss these measures in more detail in other articles. Continue reading “Singapore Private Equity and Venture Capital Landscape Series – Limited Partnerships”

【财富岚海】专栏 | 如何理解普通法系的“Domicile居籍”?

21世纪的工作模式和生活模式意味着人们的流动性越来越大。而一个人与某个地方的连结——无论是因为出生在那里,或者在那里拥有财产,亦或是在那里工作,都会引发诸多实际的法律问题,尤其是在当地缴税的责任。在英美法系中,居籍(Domicile)这个普通法(Common Law)概念是非常重要的,常常被用作连结因素以断定当事人的税务责任。

居籍(Domicile)不是一个全球统一的概念,因此当一个人与一个以上的地区产生连结时,有时会出现没有或多个居籍的问题。一些国家采用相同的原则,但名称不同,而另一些国家则不把一个人的法律和税收待遇与他们的住所联系起来,而使用其他概念,如“惯常居所”或“公民身份”。本期我们先来介绍一下英国的居籍规则。

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Virtual Power Purchase Agreements in Singapore

Rising pressure to move towards net-zero carbon emissions has resulted in an increasing number of large corporations entering into physical power purchase agreements (PPA) and/or virtual power purchase agreements (VPPA) for renewable energy.

In resource-scarce Singapore, solar energy remains the main source of locally generated renewable energy. Recently, Singapore unveiled one of the world’s largest floating solar panel farms, but due to Singapore’s land constraints, the majority of the solar photovoltaic systems are deployed on building rooftops. Under a PPA arrangement, a corporation with rooftop space enters into a long-term offtake agreement to purchase power from a solar generator at a pre-agreed price based on a specific delivery schedule. This arrangement is commonly referred to as “solar leasing” in Singapore since the project developer will typically lease the rooftop from the corporation to install solar panels.

However, PPAs are often not feasible when dealing with constraints like limited rooftop space or where energy demands are in excess of rooftop energy generation. In such situations, we have seen more corporations turn to VPPAs to meet their sustainability goals.

We set out below a brief overview on VPPAs, including some of the key issues that, in our experience, parties to a contract often encounter.

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Duane Morris & Selvam Advises on India’s Biggest IPO Ever

SINGAPORE, 24 May 2022 – Duane Morris & Selvam LLP acted as international legal counsel to the President of India and Life Insurance Corporation of India (LIC) on the recent sale of 3.5% of the outstanding shares in LIC by the president of India for approximately US$2.7 billion in an initial public offering in India and concurrent private placements outside India, including a Rule 144A offering in the United States. LIC’s IPO is the biggest in Indian history. The scale of the IPO was immense, with over 7 million applications received from retail investors in India alone. On its listing, LIC was the fifth largest entity in India in terms of market capitalization.

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Rise of Renewable Energy Certificates (RECs) in Singapore

During the recent Budget announcement in February this year, Minister of Finance Lawrence Wong stated that Singapore will aim to achieve net-zero carbon emissions by or around 2050, in line with our commitment to address the challenges of climate change.

Presently, the bulk of Singapore’s energy supply comes from natural gas, and the power sector accounts for about 40 percent of the country’s total emissions. This paired with growing environmental awareness in Singapore have started putting pressure on organisations to meet clean energy goals as investors and customers become more vocal about the importance of using green energy. This growing pressure from stakeholders has led to a rise in the use of Renewable Energy Certificates (RECs) by businesses, as a means of fulfilling their sustainability commitments and reducing their carbon footprint.

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区块链技术和NFT在新加坡的发展和规范

自2008年第一个数字货币比特币诞生以来,区块链技术在各个领域的应用都有了长足的发展。新加坡作为亚洲金融中心之一,也吸引了众多软件技术人员和投资者从事区块链技术相关的金融行业,包括NFT (非同质化代币)。NFT 市场既可以是Axie Infinity这种可以赚取数字资产的游戏平台,也可以是NBA TopShot 这种收藏品交易平台,还可以是Decentraland 和Earth 2这种可以进行数字财产买卖的元宇宙平台。

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An Overview on Development and Regulations of Blockchain Technology and NFTs in Singapore

Since the birth of the first digital currency, Bitcoin, in 2008, blockchain technology has developed significantly in various fields. As one of the financial hubs of Asia, Singapore has also attracted a wide range of software professionals and investors in the financial services industry involving blockchain technologies and nonfungible tokens (NFT). NFT marketplaces can be either gaming platforms for earning digital assets like Axie Infinity, collectibles trading platforms like NBA TopShot or metaverse platforms like Decentraland and Earth 2 where virtual properties can be bought and sold.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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