Companies Act 1967: Primary legislation governing corporate matters including share transfers, registration, and creation of security interests over shares. Includes requirements for registration of charges and mortgages with ACRA.
Securities and Futures Act 2001: Key legislation regulating securities trading and dealing. Critical for share mortgage agreements, especially when dealing with listed securities. Provides framework for securities transactions and regulatory compliance.
Banking Act 1970: Relevant when the mortgagee is a bank or financial institution. Contains specific provisions and requirements for banking institutions involved in security arrangements.
Conveyancing and Law of Property Act 1886: Provides general principles governing mortgages and security interests in Singapore, including fundamental concepts applicable to share mortgages.
Registration of Deeds Act 1988: Sets out requirements for registration of security interests and related documentation in Singapore.
MAS Guidelines: Regulatory guidelines issued by the Monetary Authority of Singapore concerning securities trading and financial institutions' operations in relation to security arrangements.
Perfection Requirements: Legal requirements for ensuring the security interest is properly created and enforceable against third parties, including registration and notice requirements.
ACRA Registration: Specific requirements for registering charges and mortgages with the Accounting and Corporate Regulatory Authority of Singapore.
Notice Requirements: Legal obligations to notify the company whose shares are being mortgaged and other relevant stakeholders.
Rights Management: Provisions governing voting rights and dividend arrangements during the mortgage period, including how these rights are exercised or restricted.
Enforcement Mechanisms: Legal procedures and remedies available for enforcing the share mortgage in case of default or breach.
Stamp Duty Requirements: Tax obligations and stamp duty requirements applicable to share mortgage agreements in Singapore.
