COPORATE & COMMERCIAL LAW
Corporate and commercial laws govern the rights and obligations of persons and entities engaged in mergers and acquisitions, capital markets practice, fund raising by listed companies and start-ups, joint ventures and also general commerce and trade. Our directors have domain expertise in all these fields:
CORPORATE LAW
For mergers and acquisitions involving listed companies, we assist clients in take-overs under the Singapore Code on Take-overs and Mergers, both mandatory and voluntary, including by way of a scheme of arrangement. This would include legal due diligence, advising on compliance with the Code and liaising with the Securities Industry Council of Singapore, where applicable. Where there is a merger, acquisition or joint venture of non-listed companies, we assist clients in the drafting of documents such as the purchase agreement, the shareholders’ agreement and/or the joint venture agreement.
Aside from acquisitions and disposal, we also assist listed companies in fund raising and other related exercises such as rights issue, the placement of new shares, the issue of convertible preference shares and convertible bonds, the issue of notes under medium term note programme, the privatisation and delisting exercise, share consolidation and capital reduction.
As for start-ups, we help them in their fund raising exercises, involving the preparation of subscription agreement, shareholders’ agreement, convertible loan agreement, terms and conditions of preference shares and private placement memorandum.
For capital markets work, we provide compliance and advisory services to assist listed companies comply with their obligations under the listing manual of the Singapore Exchange Securities and Trading Limited.
COMMERCIAL LAW
Commercial law generally refers to all types of commercial contracts entered into by businesses. These could cover distributorship agreements, agency agreements, employment contracts, licensing agreement, franchise agreement, concession agreement, service contracts, commission agreement, introducer agreement, hire purchase agreement, equipment leasing agreement, logistic services agreement, warehousing agreement, transportation agreement, non-competition undertaking, confidentiality or non-disclosure agreement.
CIVIL LITIGATION & DISPUTE RESOLUTION
Dispute resolution is traditionally commenced by filing a lawsuit in court for an outcome to be determined by the court.
Legal Options LLC has wide ranging experience and success in solving disputes.
CIVIL CLAIMS
Most civil disputes are resolved outside a courtroom by reaching a settlement between the defendant and the defendant. Civil disputes stem from disagreements or the violation of a civic duty between individuals or companies. Whether it be a breach of contract or doctor’s negligence towards his patient or an organization’s negligence towards the safety of their employee or other tortious claim, a civil dispute can be settled through litigation in court or alternative dispute resolution, without filing a lawsuit.
DISPUTE RESOLUTION
Alternative Dispute Resolution (ADR) is the process of resolving legal disputes without filing a lawsuit. In recent years, the costly, stressful, and time-consuming nature of a lawsuit has caused the legal system has compelled the public to seek less adversarial methods of resolving disputes. ADR may include dispute resolution involves negotiation, mediation, conciliation, and arbitration between the opposing parties. Cases are heard by a trained arbitrator who has the authority to decide in favour of either party. Dispute resolution offers a potentially speedier, cost-effective, and convenient method of settling disputes. Whether your dispute involves accident and personal injury, a civil or criminal dispute, our informed experienced lawyers counsel and expert advocacy will help you in getting the best outcome in your given circumstances.
ACCIDENTS
Accidents are a common and unfortunate occurrence, usually resulting in trauma, financial hardship, and social distress. If your accident was a potentially avoidable incident, caused by the negligence of another party, it is your right to pursue compensation for your loss. Accident litigation can become a long, drawn-out affair in court, usually offering no guarantee as to whether your damage claims will be met. Whether your accident was a car accident, construction accident, or any accident that results in the loss or damage of your property which is the product of another party’s ignorance, we will prepare your case to provide a detailed appraisal of your situation, your claims, and the details regarding the accident challenges to your claim. It will be our responsibility using our skills gained over years in practice, we are able to provide you a realistic analysis of your situation and provide a realistic projection of what your damage claim can be.
PERSONAL INJURY
Personal injury as a result of an accident not only causes physical pain, but also requires you to deal with mental or physical trauma, physical disability, financial hardship, and social suffering. The settlement of your case and the desired compensation received from it may be contingent to your physical recovery. Whether your injury was the result of a slip and fall accident, assault claim, medical or dental accident, or industrial accident, you are entitled to monetary compensation if your injury was due to the malicious intent or negligence of another.
The following factors must be considered in personal injury claims:
- Your desired settlement demands;
- Costs of damages;
- Details regarding the nature of your personal injury;
- Evidential support to argue who was at fault.;
It will be our responsibility represent your case both in litigation and ADR to achieve to provide the details regarding the personal injury, and the appropriate compensation you should receive.
FAMILY & COMMUNITY LAW
The Family Justice Courts of Singapore was established in October 2014 to address the needs of youths and families in distress.
It aims to help Family and Community Law matters to be resolved with less acrimony between family members. The jurisdiction of the Family Justice Courts now include areas of law in relation to marriage, children, adoption, wills, intestate succession and mental capacity.
Legal Options LLC has the expertise to manage such cases professionally and the experience to handle our clients with sensitivity and care.
DIVISION OF MATRIMONIAL ASSETS
In determining the division of matrimonial assets, the court takes into consideration all the circumstances of the case to achieve a just and equitable outcome, including the following matters:
- the extent of the contributions made by each party in money, property or work towards acquiring, improving or maintaining the matrimonial assets
- any debt owing or obligation incurred or undertaken by either party for their joint benefit or for the benefit of any child of the marriage
- the needs of the children (if any) of the marriage
- the extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party
- any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce
- any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party
- the giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business
Allow us to mitigate the hardships of breakdown of marriage by considering a range of options and pursuing effective solutions that will benefit you and your family.
MAINTENANCE
In the event of a breakdown of marriage, ‘maintenance’ is the form of financial support that has to be provided by the financially stronger spouse to the financially weaker spouse in order to continue the living standards prior to the breakdown of marriage.
If the parties to the marriage cannot agree, it may require an application to the Family Court for a court-ordered payment that may be either long-term maintenance or short-term. The amount of maintenance and the length of time for which it is to be provided are decided on the basis of the following factors:
- the income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future
- the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future
- the standard of living enjoyed by the family before the breakdown of the marriage
- the age of each party to the marriage and the duration of the marriage
- any physical or mental disability of either of the parties to the marriage
- the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family
- in the case of proceedings for divorce or nullity of marriage, the value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring
SEPARATION AND DIVORCE
Adverse circumstances that weigh down on the marriage may require you or your spouse to seek legal advice for terminating your marriage or begin a period of separation with a view to Divorce or Judicial Separation.
Unlike a divorce, which permanently dissolves the bond of matrimony, entering into a Deed of Separation will allow you to remain married to your spouse whilst living separately and factors in the possibility of reconciliation. You may re-evaluate the situation of your marriage and eventually decide to either resume your marriage or dissolve the marriage. In any case, you may wish to consider the following matters if you want to effect a separation:
- How your children, if any, will be taken care of
- Living arrangements
- The payment of maintenance for the financial support of the spouse and/or the children
- The payment of outstanding debts, rent, or mortgage
- The division of assets between you and your spouse
- Other continuing obligations during the period of separation
Often, a breakdown in marriage requires the reorganization of certain legal responsibilities such as maintenance and child support.
MENTAL CAPACITY LAW
Mental Capacity Law is designed to protect persons who lack mental capacity to make informed decisions and to ensure that their interests are protected.
To determine whether a person is lacking in mental capacity, the following factors should be taken into account:
- Whether the person(s) in question is able to make a specific decision at a particular time lack the capacity to make informed decisions
- If all practical and medical steps have been taken to enable them to make their own decision
It should be noted that a person cannot be regarded as incapable of making his decision merely because he has a history of making imprudent decisions. Mental Capacity Law is designed to take into account the situation of the person in question and to maximize their ability to make decisions. Moreover, all attempts are made to make the application of Mental Capacity Law an inclusive process by ensuring that the person participates to the fullest possible extent in getting their interests understood.
POWERS OF ATTORNEY AND APPOINTMENT OF DEPUTY BY COURT
The Lasting Power of Attorney (LPA), a legal document, allows individuals to nominate a person (“Donee”) to take charge of his welfare and/or affairs in the event he loses mental capacity. The powers given under a Lasting Power of Attorney are classified into two categories: (i) Property and Affairs; and (ii) Personal Welfare.
A Donee may be a close relative or a trusted person who is above 21 years of age. You may appoint more than one Donee.
When a person is already lacking in mental capacity, he cannot appoint a Donee. An application must then be made to the Family Court for the court to appoint a Deputy to take charge of the person’s Personal Welfare and/or Property and Affairs.
We can walk you through the process of drawing up a Lasting Power of Attorney or applying to become a Deputy so that you have the power to protect the interests of your loved ones.
PROBATE PROCESS
The probate process involves obtaining the Court’s permission on how to distribute the estate of a person who has died. Whether the deceased left a will or not, the estate must go through the probate process. This involves:
- Obtaining the grant of probate if there is a will or letters of administration if there is no will
- Pay any debts, and income tax if required
- Gathering the assets of the estate
- Distributing the assets according to the will or according to intestacy laws if there is no will
If you have been appointed executor in a will or are dealing with the estate where there is no will, the process can be complicated especially when there are disputes regarding the estate or terms of the will. In this case, the process can be long and drawn out. This is where we come in to help you make sure that the estate is administered as quickly and efficiently as possible.
WILLS
A will is a legal document that states the wishes of a person as to what should happen to his or her property and possessions upon death. What happens when one does not make a will? Things can get complicated as the rules of inheritance apply in such cases. Your estate will be divided up among your intestate heirs based on the intestacy laws. It can take a long time to establish who inherits what and, in the process, your loved ones may be left in limbo for an indefinite period.
A well-drafted will assures the following:
- Your wishes are carried out by the people you trust
- The distribution of your property and possessions as you desire
- Legal guardianship of your minor children (if you and your spouse die before the children become adults) and even beloved pets
- Your children’s inheritance can be held in trust for them until they reach adulthood or until such a time that you have deemed appropriate for them to take possession of those assets
- Your loved ones are adequately provided for
With a will in place, you may rest assured that your estate matters will be settled according to your wishes and your loved ones are taken care of.
CRIMINAL MATTERS
While civil cases aim to protect the rights of the individual, criminal cases involve activity which disrupts law and order. The criminal cases often requires pragmatic and solution-oriented responses for persons accused of criminal offences, making representations to the public prosecutor may help to reduce charge or even have the charge withdrawn against the accused.
A victim of a criminal offence, it may sometimes require a private prosecution, in order to bring the offender to justice.
MEDIATION
Mediation is a form of alternative dispute resolution which makes it possible to reach informed decisions in legal disputes.
In this form of dispute resolution, the mediator will take on the role of an independent facilitator who, through his experience, will help the two parties to reach some common ground. The mediator does not impose any of his own views. As a neutral and independent facilitator, the mediator’s impartiality allows parties to discern the interests of the. Unlike litigation or arbitration, the parties to the dispute are assisted to come up with the solutions to the dispute. It is the role of the mediator to facilitate an outcome which is acceptable to both parties.
Mediation may be used for civil, commercial, family, or employment disputes if you wish to have your dispute facilitated by a neutral third party.
Our mediation services incorporate the highest standards of legal training and experience. If you are looking to resolve your differences, you should consider the following factors while preparing your case for mediation:
- Whether both parties agree to the need for mediation;
- The areas of the case for which you require mediation;
- Whether you require the assistance of an advisor;
- Whether you wish to implement any formal rules or procedures for the mediator to abide by.
You may refer a matter for mediation before you commence a lawsuit, or during the course of a lawsuit.
As mediators, we will perform the following roles:
- Getting formal consent on the ground rules for mediation from both parties;
- Understand the key facts of the case and the concerns of each party;
- Help parties look at their options through joint or separate discussions with parties;
- Making sure that any solutions reached are acceptable to both parties.
