Singapore Regulatory Update: January 2024

Vadim KrasovskiyMonthly Newsletter, Business News, Corporate Compliance, Taxation

As the new year unfolds, Singapore’s regulatory landscape is seeing new developments, underscoring the nation’s commitment to fostering international collaboration, fortifying financial integrity, and driving innovation. In this comprehensive regulatory update for January 2024, we delve into pivotal announcements and strategic initiatives shaping Singapore’s business environment.

MOU for Closer Ties Between Singapore and China Regulatory Authorities Announced

A significant milestone was reached during the 19th Joint Council for Bilateral Cooperation (JCBC) meeting held in Tianjin, China. At this meeting, an important Memorandum of Understanding (MOU) was unveiled between Singapore’s Accounting and Regulatory Authority (ACRA) and China’s State Administration for Market Regulation (SAMR). This MOU, focused on the Incorporation of Market Entities, underscores a commitment to deepening collaboration between the two nations.

Facilitated by the co-chairs, Deputy Prime Minister Lawrence Wong and China’s Vice Premier Ding Xuexiang, the JCBC meeting resulted in a total of 24 MOUs and agreements across various sectors, including trade, finance, and transport connectivity. The newly announced MOU establishes a framework for exchanging insights and best practices and addressing common challenges through high-level meetings, workshops, and reciprocal visits. By fostering a robust information-sharing mechanism, both countries aim to enhance their business environments, promote investments, and fortify trade and economic relations. This collaborative effort signifies a strategic move towards creating synergies that will benefit businesses operating in both Singapore and China. 

Mutual Agreement on Tax Treaty Measures with the Netherlands

In a significant move towards reinforcing international tax cooperation, Singapore and the Kingdom of the Netherlands made a pivotal stride forward by signing a Competent Authority Arrangement (CAA) on January 12, 2024. This CAA establishes the mode of application of arbitration proceedings outlined in Part VI (Arbitration) of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI).

The MLI serves as a robust instrument designed to counteract tax treaty abuse and enhance dispute resolution mechanisms. Under Part VI (Arbitration) of the MLI, there is a provision under which taxpayers may request arbitration proceedings for issues that remain unresolved after two years within a Mutual Agreement Procedure (MAP) case. This signifies a commitment to swift and effective resolution mechanisms for cross-border tax-related disputes.

MAP is a crucial component of tax treaties, allowing competent authorities from involved jurisdictions to resolve disputes arising from the interpretation and application of these treaties. The arbitration provisions introduced by the MLI further elevate the dispute resolution process, offering an additional layer of assurance for taxpayers. The full text of the CAA is accessible through the Inland Revenue Authority of Singapore’s website

Enhanced Business Confidence with ACRA’s trustBar Feature

ACRA, the Accounting and Corporate Regulatory Authority, has introduced a pioneering verification service, trustBar, designed to elevate confidence levels for businesses and the public relying on ACRA’s Business Profiles and Business Certificates (Incorporation). These documents, issued at a rate of more than 75,000 per month, are crucial elements in various business-related activities, requiring verification of key information on businesses and the individuals involved.

At the core of trustBar is a robust verification process, ensuring the authenticity of ACRA’s Business Profiles and Business Certificates. Leveraging the Government Technology Agency of Singapore (GovTech)’s OpenAttestation (OA), an open-source framework for document endorsement and verification, trustBar offers a swift and reliable means of confirming the legitimacy of these essential documents.

A significant enhancement accompanies the launch of trustBar: a new certification feature embedded in ACRA’s Business Profiles. This certification, featuring ACRA’s stamp and the Assistant Registrar’s name and signature, comes at the standard purchase fee of S$5.50. Notably, this eliminates the need for customers to acquire the separate “Business Profile with Certificate of Production,” previously priced at S$16.50, streamlining the verification process for users.

Addressing Emerging Risks: Financial Reporting Practice Guidance

In response to emerging risks, ranging from macroeconomic shifts to geopolitical uncertainties and the growing influence of climate change, ACRA has taken proactive measures to guide businesses through potential impacts on financial reporting for Fiscal Year 2023 (FY2023). ACRA’s Financial Reporting Practice Guidance No. 1 of 2023 has been released, specifically targeting directors and Audit Committees (ACs), providing a roadmap to navigate and address challenges in their scrutiny of FY2023 financial statements.

At the recent Institute of Singapore Chartered Accountants (ISCA) Mini Conference Series, under the theme ‘Insights into the Review of Financial Statements,’ key insights were shared by ACRA’s Assistant Chief Executive, Ms Kuldip Gill, and Ms Tan Wee Khim, Technical Director (Financial Reporting & Standards Department). In her keynote address, Ms Kuldip Gill emphasized the importance of close attention to emerging trends and urged ACs to actively monitor the audit process. 

Of particular significance is ACRA’s guidance on climate-related risks, acknowledging the evolving dynamics in climate reporting. ACs are advised to consider how climate-related risks may impact financial statements, exercise vigilance against greenwashing attempts, and maintain consistency between financial and non-financial reporting. This strategic approach aligns with global efforts to address environmental concerns and underscores ACRA’s commitment to steering businesses toward sustainable and responsible financial practices.

Financial Institutions (Miscellaneous Amendments) Bill 2024

In a significant move towards reinforcing regulatory oversight and ensuring the resilience and integrity of Singapore’s financial institutions, Singapore Minister of State Alvin Tan has introduced the Financial Institutions (Miscellaneous Amendments) Bill 2024 (FIMA Bill) in Parliament. The FIMA Bill proposes significant enhancements to MAS’s powers and introduces miscellaneous amendments across various acts under its jurisdiction:

  • Investigative Powers: Strengthening evidence-gathering capabilities, facilitating inter-agency coordination, and extending powers to other acts.
  • Reprimand Applicability: Clarifying MAS’s ability to reprimand individuals involved in regulated financial institutions at the time of misconduct.
  • CMSL Holders: Granting expanded powers for MAS to issue directions on standards and safeguards for Capital Markets Services Licence holders conducting unregulated businesses.
  • Supervisory and Inspection: Aligning MAS’s powers across acts with the Banking Act 1970, enhancing supervisory and inspection powers for greater regulatory oversight.

These amendments reflect MAS’s commitment to bolstering regulatory frameworks and ensuring the resilience and integrity of Singapore’s financial institutions. 

Singapore’s Innovation Drive: Boosting Business Collaboration and Global Investments

Singapore is strategically developing ecosystems to foster collaboration between small local firms and large multinational corporations (MNCs). This strategy aims to enhance innovation and drive international investments, strengthening the competitiveness of key industries amidst escalating cost pressures.

At the forefront of this economic initiative is the Jurong Innovation District (JID), a comprehensive advanced manufacturing hub. Presently hosting around 100 entities spanning the entire advanced manufacturing value chain, including training providers, advanced manufacturers, and institutes of higher learning, the JID is poised for expansion with the completion of Bulim Square in the second half of the year. Anticipated to create 95,000 new jobs in advanced manufacturing, innovation, and research, the JID positions itself as a one-stop destination for technology development, encouraging companies to collaborate, innovate, and manufacture within the same estate.

With proximity to institutions such as Nanyang Technological University (NTU), companies within the JID, such as battery manufacturer VFlowTech and machine tool manufacturer Makino, leverage ready pools of talent and cutting-edge technology. This strategic approach accelerates growth, facilitates market entry, and attracts foreign investments, contributing to Singapore’s vision of spearheading advanced manufacturing growth.

Singapore Retains Status as Most Livable City for Asian Expatriates

In the latest assessment by ECA International’s Location Ratings, Singapore continues its ranking as the most livable city for Asian expatriates. ECA evaluates cities based on a range of liveability factors, including access to health services, housing, utilities, social networks, recreational facilities, infrastructure, climate, safety, socio-political conditions, and air quality.

Singapore’s appeal to expatriates is underpinned by its low crime rates, making it an attractive and secure location. Tokyo, Japan; Wellington, New Zealand; Adelaide, Australia; and Brisbane, Australia, follow closely behind, highlighting the overall high quality of living across these cities for the expatriate community.

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