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Process Of Suing A Foreign Individual Or Company In Singapore

It is necessary for a person involved in any sort of business or personal transactions with foreigners or foreign companies in Singapore to have knowledge on ways to file a court case against such a foreigner operating from Singapore. According to a top law firm in Singapore, this is generally not a straightforward process.

In this guide, the ways to file a lawsuit against any foreigner or foreigner companies based in Singapore has been discussed.

For starters, a person’s eligibility to sue such a foreigner will depend on whether or not the person has the right to bring the issue up to the Singapore court i.e. if it falls under their jurisdiction. Firstly, this jurisdictional issue will take into consideration whether or not the intended defendant is present in Singapore and if the intended defendant is an individual or an enterprise/company. Nevertheless, in all instances, the plaintiff in question should also be based in Singapore.

How to sue a foreigner based in Singapore

In case of an Individual:

When the intended defendant is a person, the Singaporean court can only obtain the jurisdiction over this foreigner by serving him a writ of summons in person.

When the issue is under their jurisdiction, the service becomes as of right. So, the plaintiff will be able to obtain the relevant court documents and will have the right to serve it to that person.

On the other hand, if the issue does not fall under their jurisdiction, then leave from court is required to further the legal proceedings. This will be explained later on in this article.

In the case of a Company/Agency:

If the intended defendant is a company, then it can be sued only if it is physically located in Singapore. So, only a company which ran its’ business operations from one fixed address for a substantial period of time can be sued.

If the court can be provided with facts that the company has operated from Singapore for a certain period of time even if it was not physically located, then the court will take the issue into consideration.

The plaintiff is allowed to serve a personal service on to an agent or officer of the company.

However, such an agent needs to have a direct authority to operate the business dealings or should have an adequate hold on managerial dealings related to the issue faced by the plaintiff.

A legal document can be served on such a company that is physically located in Singapore by simply leaving the said documents at the corporation’s registered address or the registered address of the agent. The company can be sued by sending the service documents via post as well.

The same process applies for branches of foreign companies operating from Singapore as well. However, the branches must be those operating their business dealings as per the Companies Act, meaning:

  • It should be registered in Singapore
  • It must have a registered office located in Singapore.
  • It must appoint at least two residents of Singapore acting as agents of the company and having the authorization to receive any legal services on behalf of the company.

How to sue a foreigner based abroad

As mentioned, the plaintiff needs to apply for leave to the Singapore courts in order to sue an intended defendant located abroad. The leave will be granted only if the plaintiff can prove to the court that:

  • The issue needs to be highlighted to the Honorable court, and/or
  • The issue requires the court’s verdict.
  • He has fulfilled one of the heads of jurisdiction mentioned in Order 11 Rule 1 (Rules of Court)

A plaintiff needs to convince the court of the above mentioned as well if the intended defendant is a company. However, the writ which will be served on the foreigner abroad by the court will be given without notice. Hence, it is required that all material facts should be fully disclosed. However, this complicates the process in comparison with the process of suing a foreigner present in Singapore.

When to Hire A Corporate Lawyer

Do you need litigation lawyers or a business law firm to deal with business matters? Does it even matter – after all, isn’t one lawyer pretty much the same as the next? For example, a Syariah Lawyer in Singapore won’t be much help in your criminal proceedings.

The law is a very complex topic, with many nuances. The qualities that it takes to make a great litigator in state courts are very different to what a debt recovery lawyer might need, for example.

When you’re choosing the right Singapore law firm to represent your business, you’ll need to know when to opt for a corporate lawyer. In this post, we’ll make it clear what a corporate lawyer does, and when it’s better to draw on their particular brand of expertise.

Corporate Lawyers vs Litigators

Corporate lawyers specialise in the day to day business. They might, for example, help get a business registered, deal with acquisitions, and draw up contracts. A corporate lawyer, if everything goes well, won’t even see the inside of a courtroom.

A litigator, on the other hand, is someone brought in when something goes wrong. So, if the other party in a deal the corporate lawyer oversaw doesn’t hold up their end, the litigator is brought in. They must then either resolve the dispute or argue the case in court.

Essentially, both need to know the law, but the skills that they need to practice it are very different. Hopefully, in your business, you’ll never need a litigator. That explains the difference a little. Let’s look at corporate lawyers in more detail now.

What is a Corporate Lawyer?

Corporate lawyers give advice on a business’s legal rights, responsibilities, and obligations. They tend to have a broader knowledge of the law as it pertains to business. In their profession, they need to be able to perform a lot of different functions and need to consult with many different experts.

Primarily, a corporate lawyer provides advice to corporations about their legal responsibilities, obligations, and rights.

What does a Corporate Lawyer do?

That’s going to depend on the size of the firm and how successful the lawyer is. Generally speaking, though, it’s not the dramatic closing arguments that you have fun watching on TV, but the more practical aspects of the law.

They’ll draft contracts, negotiate deals, help businesses ensure that they are legally compliant, and so on. There is a wide range of different aspects that the field of corporate law encompasses.

Here are some more specific ideas of what they can help you with.

Helping you to Choose the Right Type of Business Structure

Being a sole proprietor makes life easier in some instances because there is very little legal preamble involved. Unfortunately, from a legal aspect, the business and the sole proprietor are deemed one and the same. Being a sole proprietor means having no legal separation from your company.

A partnership, on the other hand, does offer limited protection, but there are other issues to consider.

If you’re just starting or deciding to take your business to the next level, getting legal advice makes sense. A lawyer will help you to choose the best option to protect yourself and the business.

Giving You Advice on the Rules and Regulations That You Must Adhere to

Ignorance of the rules is not considered a valid defence if you are running a business. You need to ensure that your business is completely compliant or run the risk of facing harsh penalties or even prosecution.

Getting advice on what your responsibilities are in this regard is essential.

Drawing Up Contracts and Reviewing Them

In business, you’ll be party to many contracts. You need to ensure that the ones that you set out are flawlessly drafted. You don’t want anyone taking advantage of loopholes that you might have missed.

On the other side of the coin, it’s just as important to be sure that you understand the implications of contracts that you might be asked to sign.

Getting legal representation for the drafting and reviewing of contracts is a solid business practice. It can save you from costly mistakes and help you protect your business interests.

Let’s take a quick example here. What about something simple, like your return policy. If the product isn’t working, the client can send it back and get their money back. The problem is that your idea of “not working” and the client’s view might be very different.

One misplaced word, or ambiguous phrase and you could find yourself on the losing end of a costly court case.  The law is complex; leaving out a simple phrase could strip you of the legal protection that you deserve.

Financial Agreements and Mergers

What if you decide to merge with another company, or sell your company? The contract has to be airtight. There is no room for ambiguity or misinterpretations. Ensuring that you have a corporate lawyer on your side means that your interests are being protected.

Mergers and financial agreements are complicated, and if you don’t do your due diligence, you might fall victim to someone who has.

Protecting Your Intellectual Property

You need to ensure that every aspect of your intellectual property is protected. All too often, there are those who will try to capitalise on your business’s success. This could mean copying your logo or stealing your design.

A corporate lawyer will tell you how best to protect your business’s intellectual property. They’ll also help you enforce your rights in this regard.

Wrapping it Up

The law is multi-faceted and challenging for a layperson to navigate. In today’s business climate, you can’t afford to make a mistake. If we lived in a Utopian society, you could afford to take everyone at their word and believe that they’d do what they promised.

Unfortunately, we don’t live in that perfect world. If you don’t take measures to protect your business interests, you could end up losing everything. Hiring a corporate lawyer to represent you in legal matters is a good business practice.

It makes sense, just like it makes sense to hire a tax consultant or accountant. Get the best people to handle the mundane, tedious aspects, and you get to focus on growing your business.

Should I Get A Lawyer After A Car Accident

Car accidents are one of the worst experiences. You could end up at the morgue or with serious injuries. It is good news when one survives a car accident. However, it is hectic do deal with the aftermath, that is, insurance limitations. Your insurance limitations could hinder you from receiving a reasonable amount of compensation for your injuries or car damages. Therefore, it is significant that you should hire a top criminal lawyer in Singapore to look into the matter. Claiming compensation as a car accident victim is not as easy as it sounds. You will need legal representation.

 

Benefits of Hiring a Lawyer after a Car Accident

 

Lawyer

 

  • Proper Investigation

Your lawyer will guarantee you a proper investigation regarding the extent of your injuries if you have any and the size of damage to your car. Keep in mind that the court will need sufficient evidence to consider your case worth hearing. Also, a car accident lawyer ensures that the defendant and his team do not raise any other issue which may lessen your chances of receiving appropriate compensation.

 

  • Handling Insurance Companies

Insurance companies seem like your best friends during application. Nevertheless, that is not the case when it comes to your time of need, that is, according to confessions made by car majority of accident victims. The companies will always come up with rules that if observed, will refrain you from claiming all your rights. You may not be able to deal with an insurance company single-handedly. Your lawyer will ensure that insurance companies give you the compensation amount you need.

 

  • Fair Negotiation

Suppose you decide to handle your case out of court; you will still need a lawyer for the best outcome. You may be lucky to deal will an offender that understands the damage he or she caused but that rarely happens. No one loves spending too much on avoidable circumstances. The high chances are that you will be dealing with someone who is not willing to cater for all the expenses. Hence, he or she may take advantage of you if you do not have a lawyer. Your lawyer should assist you to settle the negotiation while having the best scores.

 

  • Emotional Support

Dealing with cases is a challenging task. At times, you may feel depressed since the case takes your time away from your normal routine. A life disruption causes instances of depression, anxiety and other kinds of emotional stress. Hiring a lawyer after a car accident reduces your chances of suffering from emotional distress because the lawyer handles all the burden. All you have to do is listen to what your lawyer says, accompany him or her where needed and sign the necessary documents.

 

 

  • Explanation of Rules and Regulations

You need to know and understand all the rules and regulations associated with your claim. Otherwise, you will have a difficult time following the involved procedures. A professional and certified lawyer will take time to explain the rules and regulations regarding your case. In conjunction with that, understanding the rules prevents you from making mistakes that may sabotage your mission.

Dealing with a car accident case is hectic, but it should not worry you because you have the choice of hiring a lawyer. The benefits mentioned above are a few of the reasons you should get a lawyer after a car accident. Suppose you can afford legal representation, you should not hesitate because your lawyer or attorney will keep your best interests at heart.

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