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This Article is From Nov 03, 2023

Singapore Plans Investment Rules To Shield Critical Entities

Singapore plans to introduce a bill that sets out a new investment management regime for investors in a bid to ensure the continuity of so-called “critical entities.”

Singapore Plans Investment Rules To Shield Critical Entities
Buildings in Singapore, on Tuesday, Jan. 3, 2023. Singapore's recovery held up in 2022, with a relatively strong year-end performance shoring up the economy ahead of an expected global slowdown this year. Photographer: Lionel Ng/Bloomberg

Singapore plans to screen investments more closely in sectors critical to its national interests, as part of a new regime to boost security without undermining the Asian financial hub's reputation for ease of doing business. 

The proposed Significant Investments Review Bill seeks to allow the government to review ownership or control transactions in the ‘critical entities,' the Ministry of Trade and Industry said in a statement on Friday. 

Singapore already relies on a range of laws to monitor and manage entities in sectors such as telecommunications, banking and utilities. The new bill, if passed, will be implemented in 2024 and seeks to widen the scope to any entity that is incorporated, operates or provides goods or services in Singapore.

Australia, China, Japan, the UK and the US have similar investment regimes to safeguard strategic sectors, including artificial intelligence, production of semiconductors, cybersecurity, aerospace, or energy. While Singapore didn't specify the sectors, Minister for Trade and Industry Gan Kim Yong said he expects only a handful of critical entities to be designated under this bill.

“In an increasingly competitive world, there are increasing numbers of actors, both state and non-state, who will seek to advance their own interests and influence those of other countries,” said Nicholas Fang, director of security and global affairs at the Singapore Institute of International Affairs. Those tools can include military conflict or economic leverage, he added.

Such designated entities will be subject to controls, including approval for change in ownership, appointment of key officers, and official nod for even winding up or dissolution, the MTI said.

“It is critical for Singapore to remain open and connected to the world, and as such we must continually strengthen our position as a trusted hub for businesses to invest with confidence,” Gan said.

Here are some key details of the proposed bill:

  • Buyers into designated entities are required to notify after becoming a 5% controller
    • Must seek approval before becoming a 12%, 25%, or 50% controller, an indirect controller, or acquiring as a going concern (parts of) the business or undertaking
  • Sellers are required to seek approval when ceasing to be a 50% or 75% controller
  • Transactions that occur without the necessary approvals will be rendered void
    • Materially affected parties can apply for validation notices
    • Office of Significant Investments Review will be set up under MTI
    • --With assistance from Low De Wei and Ranjeetha Pakiam.

      (Adds analyst comment in fifth paragraph.)

      More stories like this are available on bloomberg.com

      ©2023 Bloomberg L.P.

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