违约金在英美法合同中有效吗?

我们经常在中国法管辖的合同中看到违约金/罚金这样的条款,常常规定如果合同一方不如约履行合同,则需要支付一定数额的违约金给对方。根据我国《合同法》规定,我国对于损害赔偿的范围采纳的是可预见性标准,同样该标准也适用于违约金条款,即违约金不仅可以包括因违约造成的实际损失,还可以包括合同履行后的可得利益。

但是违约金的适用有一定的限制,一般来说合同违约金的上限是不超过实际损失的30%,但是过高或者过低都是可以请求人民法院或者仲裁机构予以适当减少或者增加的。由于这项要求,大部分中国法合同都会在合同中约定相当可观的违约金,因为即使约定的过高,也可以在经过法院或者仲裁机构调整后予以执行,还可以避免在出现违约情况后再来计算损害赔偿数额。而且高额的违约金,也会对合同各方有一定的震慑作用,使得合同各方因忌惮高额的违约金而有积极履行合同的动力。

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新加坡科技准证(Tech Pass)正式启动

早于去年年末,新加坡经济发展局就曾宣布将于今年推出一种新型准证Tech Pass,旨在吸引全球顶尖科技人才前往新加坡,以促进新加坡科技态系统的发展,进一步巩固新加坡作为区域科技枢纽的领先地位。近期,新加坡经济发展局正式启动了Tech Pass,申请人已经可以在其官网上提交申请了。

哪些人可以申请科技准证?

申请人不必必须受雇于新加坡企业,其可以是新加坡企业的雇员,也可以直接在新加坡进行创业、做投资人、担任董事等。申请人只要满足以下三项条件中的两项就可以申请科技准证。当前持有工作准证(Employment Pass)、 个人化就业准证(Personalized Employment Pass)等准证的人员,若在符合条件的情况下亦可以申请更换其准证为科技准证。

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新加坡可变动资本公司(VCC) 特点与优势

自2020年1月新加坡金融管理局(简称“金管局”)与会计与企业管制局(简称“ACRA“)联合声明,正式推出可变动资本公司(VCC)框架以来截止10月份,已有近乎于160多家VCC如雨后春笋般涌现。 金融管理局公布的《2019新加坡资产管理调查》报告显示,新加坡在2019年资产管理规模年比增长15.7%,达到2.9万亿美元。其中包括传统领域资产(如股票与债券)以及另类资产(私募股权,风险创投等)。新加坡一直以安全稳定的经济、较宽松的监管以及较低的公司税率等来保持其投资吸引力;新 VCC 框架将为投资基金在新加坡的注册和营运提供更大的灵活度。有望鼓励更多基金经理和投资基金产品以新加坡为据点,提升新加坡作为全球投资基金中心的地位。

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新加坡国会已通过付款服务(修正)法案 防范洗黑钱与恐怖融资行为以及加强对数码支付代币供应商的管制

新加坡国会于2021年1月4号通过《付款服务(修正)法案》

修正案在2019年的法案基础上,在 “反洗黑钱与反恐怖融资”,“加强对数码支付代币供应商监管”等方面作出了改善。它不仅仅完善了新加坡的支付服务监管框架,与全球接轨。金管局也能够灵活地从多方面对应种种风险。

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COVID-19 Pandemic: Relief Measures for Businesses in Myanmar

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Myanmar’s economy and businesses have seen a significant slowdown caused by the COVID-19 pandemic. To curb with this slowdown, the Myanmar government has come out with various measures that are intended to provide relief to the affected businesses. The various relief measures implemented across the government ministries are as follows:

Financial Relief for Priority Sectors

The Ministry of Planning, Finance and Industry (“MOPFI”) issued Notification No. 1/2020 on 18 March 2020 stating that businesses in the cut, make and pack sector, hotels, tourism companies, and small and medium enterprises (“Priority Sectors”) are entitled to the following reliefs:

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Validity of Electronic Signatures in Myanmar

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English Version | Chinese Version

The COVID-19 pandemic impacts all aspects of our daily lives. Government authorities around the world have imposed various measures to reduce physical contact among people, including travel bans and movement restrictions (i.e., stay-at-home orders). Nevertheless, business transactions can still be performed by electronic means, including electronic communication/transmission and execution by e-signature. Reflecting changing needs, Myanmar also allows electronic signature documents to be exhibited as evidence in its courts and recognizes the legal validity of electronic signatures inserted onto commercial documents. Still, questions remain about the validity of electronic signatures for important transactions.

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Loan Obligations: Relief Measures During the COVID-19 Pandemic

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On 31 March 2020, the Monetary Authority of Singapore (MAS) announced a package of targeted relief measures that was rolled out together with the Association of Banks in Singapore, the Life Insurance Association, the General Insurance Association and the Finance Houses Association of Singapore to provide temporary relief for individuals and small- and medium-sized enterprises (SMEs) facing liquidity problems during the COVID-19 pandemic. In this collapsing world economy, these measures could be a lifeline to stave off bankruptcy and winding-up actions.

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COVID-19 in Myanmar: Impact on Commercial Contracts and Employment

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English Version | Burmese Version | Chinese Version

The coronavirus outbreak is having a significant impact on the global economy and markets. As the coronavirus sweeps around the world, emerging and frontier countries like Myanmar face more challenges.

Since March 2020, the Myanmar government has introduced several immigration measures to reduce the transmission, including temporary suspension of issuing all types of visas and compulsory quarantine requirement for all travelers entering Myanmar. The Myanmar government also subsequently imposed a movement restriction requesting all residents to stay at home during the Thingyan festival (Myanmar New Year), in conjunction with the immigration measures.

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A Message from our Chairman

The COVID-19 pandemic has been rapidly evolving and the safety and health of our staff and clients are of utmost importance. In compliance with the Singapore government’s advisory and to further prevent the spread of the coronavirus, our split team arrangements will cease and our office will be fully closed from 7 April till 4 May 2020.

In the meantime, our lawyers will work from home and can be reached via email and telephone. Our robust IT and communication systems will ensure that you continue to receive the same level of responsiveness and service.

Our Firm stands ready to guide you through issues related to this crisis and we will continue to provide updates and resources to address your concerns.

Our multi-disciplinary COVID-19 team provides comprehensive and swift responses on specific legal issues arising from disruption of your commercial transactions as a result of the crisis. Our team is part of a global practice group which constantly monitors the situation worldwide and is available to advise across all industries and practice areas.

During these extraordinary and uncertain times, please do not hesitate to reach me, any of our Directors, or your usual contact at our Firm. We want you to know that we are here for you and our team is committed to support you during this challenging period.

Should you wish to contact our COVID-19 team directly, please reach us at: covid19team@duanemorrisselvam.com

More COVID-19 Resources can be found on our LinkedIn page .

Please stay healthy and safe.

Leon Yee
Chairman
Duane Morris & Selvam LLP

COVID-19 in Singapore: What Can Commercial Tenants Do?

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The global outbreak of the novel coronavirus (COVID-19) is the most critical problem facing the world now.

The Singapore government has acted swiftly to reduce the risks of local transmission. At the time of publication of this Alert, all bars and entertainment venues such as nightclubs, cinemas and games centres have been prohibited from operating. In addition, all gatherings involving more than 10 persons have been prohibited. Food and beverage, retail, and health and fitness businesses have been allowed to continue their operations (but with further precautionary measures)―for now. It is certain that these regulations will, and must, be tightened if the health crisis continues on its current trajectory.

To read the full text of this Duane Morris Alert, please visit the firm website.