SGX RegCo proposes rule changes to aid company restructuring
Singapore Exchange Regulation (SGX RegCo) is proposing rule changes aimed at facilitating the restructuring process for SGX-listed companies under Singapore’s Insolvency, Restructuring and Dissolution Act 2018 (IRDA).
In summary, the changes, if implemented, will enable issuers to restructure more efficiently and lessen the regulatory burden when they are trying to manage their financial affairs and meet time-sensitive milestones.
For instance, SGX RegCo is proposing that shareholders need not vote on a major disposal undertaken as part of judicial management or liquidation of the issuer under IRDA. This will align our rules with IRDA, as well as allow for the quicker realisation of assets.
“IRDA aims to smoothen and speed up the restructuring of financially distressed companies. This may increase the chances of white knight rescues and trading resumptions. These outcomes, if they materialise, will be of more value to shareholders than years of proceedings that will further deplete distressed companies’ scarce finances,” said Tan Boon Gin, CEO of SGX RegCo.
SGX RegCo also proposes to, among others:
- provide guidance to issuers on circumstances where a financially distressed issuer can apply to SGX RegCo to allow its listed securities to continue or resume trading.
- require an immediate announcement when a financially distressed issuer or any of its subsidiaries undergo a court-supervised moratorium.
- exclude a financially distressed company under moratorium pursuant to IRDA from announcing its quarterly financial statements.
The public consultation is open till 22 March 2024 and can be found here.
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