Chairperson

Introduction

Jointly organised by:

This seminar will explore selected issues in banking law from the perspective of

international regulatory initiatives as well as local legal developments. On the regulatory

front, the seminar will explore how recent international developments (such as the G20

commitments, Basel III Accord, the US Dodd-Frank Act and initiatives from the OECD and

FATF on cooperation and information exchange) might impact the banking sector in

Singapore and financial law practices. There will also be discussions on banking secrecy,

duty defining and exclusion clauses and the relevance of unjust enrichment law and equity

in banking litigation. The session will be led by speakers from Drew & Napier, JPMorgan,

Rajah & Tann and faculty members from the National University of Singapore.

Legal Education

Selected Issues in Banking Law

08 November 2012, 9.00am – 12.30pm, Supreme Court A uditorium

Programme

9 : 00am - Reg is t ra t i on and Tea /Co f f ee 9 : 30am - P resen ta t i on I 10 :00am - P resen ta t i on I I 10 :30am - T ea B reak 11 :00am - P resen ta t i on I I I 11 :30am - P resen ta t i on IV 12 :00nn - Ques t i on & Answ er 12 :30pm - End o f Sess ion

2 . 5 P U B L I C

C P D P O I N T S

Ms. Aurill Kam is a partner at Rajah & Tann LLP and will, on 1 October 2012, be joining the Attorney-General’s Chambers as Deputy Chief Counsel (Litigation). She headed the firm’s Banking and Financial Services Litigation Practice from 1999 to 2002. In 2002, Aurill joined the Monetary Authority of Singapore (MAS) as the MAS' first Director of Enforcement. She was subsequently appointed Department Head of MAS’ Market and Business Conduct Department. In 2007, Aurill returned to Rajah & Tann where she has been involved in appellate advocacy, dispute resolution and regulatory enforcement work, representing major corporations, financial institutions and government agencies. Aurill is a member of the Financial Advisory Industry Review (FAIR) Panel appointed by MAS.

Speakers

Dr Tang Hang Wu , currently at National University of Singapore, has accepted an appointment as Professor in law at the Singapore Management University, School of Law, a position which he will take up on 1 January 2013. Hang Wu is also a consultant at TSMP Law Corporation where he advises on contentious matters involving

property, equity and restitution. In collaboration with TSMP, he advises banks and high net worth individuals on private wealth and trusts transactions. He recently acted as Counsel on a matter involving a claim for breach of fiduciary duty and constructive trust before the Court of Appeal. Previously, Hang Wu has advised members of the legal profession and relevant government ministries on complex legal issues pertaining to restitution, land, equity, trusts and charities. Hang Wu's academic work on equity, trusts and property has been relied on by all levels of the Singapore courts, the Royal Court of Jersey, the Caribbean Court of Appeal, law reform committees in the Commonwealth, major textbooks and law journals.

Dr Sandra Booysen is an assistant professor at the National University of Singapore where she undertook her doctoral research. Sandra teaches courses in the fields of contract law and banking which coincides with her research interests. Sandra is admitted to practice law in South Africa and England & Wales. She graduated from Rhodes University and the University of the Witwatersrand

before moving to London where she practiced in the field of commercial litigation. She later returned to Johannesburg and joined a leading South African law firm. After moving to Singapore with her family, Sandra pursued postgraduate studies where her interest in banking law was cultivated. Sandra’s research interests include bank documentation and the extent to which contractual clauses can be used to achieve immunity from claims. Her articles have been published in both Singapore and international journals.

Mr Lawrence Low is a Managing Director and Associate General Counsel at J.P. Morgan with responsibility for derivatives and structured finance legal coverage in Asia Pacific ex Japan. His primary focus is the legal risk management for sales and trading activities in fixed income, equity and commodities derivatives in the region. He also has responsibility for structured loans, physical

commodities trading and treasury investments. He has more than 15 years experience in finance and derivatives. Prior to joining J.P. Morgan in 2007, he held a number of private practice as well as in-house legal positions in capital markets, derivatives and asset securitisation, based in London, Hong Kong, Singapore and Tokyo. He participated in a number of key derivatives industry initiatives including the development of the ISDA credit derivatives definitions and the preparation for European monetary union. He is also a former co-chair of the Asia-Pacific Legal and Regulatory Committee of the International Swaps and Derivatives Association, Inc. He graduated from Cambridge University in 1990 and qualified as a Solicitor in England and Wales as well as Hong Kong.

Mr Eric Chan is a director at Drew & Napier LLC. His area of practice is primarily in financial services regulation. Eric started in legal practice as a litigation lawyer but from 1999 to 2006, worked at the Monetary Authority of Singapore (MAS) initially as Assistant General Counsel responsible for banking law issues, and later as Head of International & Regional Relations where

he led policy development for international central banking issues, including money laundering and sanctions compliance. After leaving MAS, he worked at American Express Bank as the Regional Director for Compliance & Ethics, before joining Drew & Napier in 2008. In Drew & Napier, his work covers the whole range of financial services regulation and he regularly advises financial institutions on various issues arising under the Banking Act, the Securities and Futures Act, the Financial Advisers Act, the Insurance Act and other MAS legislation.

REGISTRATION FORM (Closing date: 01 November 2012 or until seats last )

• Registration for the event may be made: o online by logging on to www.sal.org.sg o by fax to: (65) 6334 4940 o by mail to: LES Department, Singapore Academy of Law, 1

Supreme Court Lane, Level 6 Singapore 178879 • FULL PAYMENT must be made before the date of the seminar. • Any cancellation must be made in writing before the closing date.

A refund will be given subject to an administrative fee of S$21.40 (inclusive of GST). There will be no refund for any cancellation after the closing date .

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Selected Issues in Banking Law08 November 2012, 9.00am – 12.30pm, Supreme Court Auditorium

SILE Attendance Policy

A participant who is present at the event, and is not at anytime absent for more than 15 minutes after the commencement of the activity, shall be awarded the full CPD Points approved by SILE. To ensure the award of CPD Points, participants requiring CPD Points are reminded to sign-in on arrival and sign-out at the conclusion of the event, at the Registration Counter. Please refer to www.sileCPDcentre.org.sg for more information on the Attendance Policy and the CPD Scheme.

2.5 Public CPD Points Practice Area: Banking and Finance Training Level: Update