新加坡（六）：执法、破产与争议解决——Alexander Ressos博士著作《新加坡与瑞士数字资产法》（Digital Assets Law in Singapore and Switzerland）的一部分。
新加坡（六）：执法、破产与争议解决：Alexander Ressos博士著作《新加坡与瑞士数字资产法》（Digital Assets Law in Singapore and Switzerland）的一部分。
本部分属于Alexander Ressos博士的著作新加坡与瑞士数字资产法，全书在本站逐节完整发布。
新加坡之六：执法、破产与争议解决
The five preceding Singapore parts describe how digital assets are owned, licensed, taxed and kept clean. This part describes what happens when something goes wrong. Read more Singapore · Enforcement法律架构
Singapore has no digital-asset criminal statute. Offences involving tokens are prosecuted under general legislation drafted for other purposes and read, with some strain, onto a new asset class. Read more Singapore · Enforcement欺骗罪
Cheating under s 415 requires deception of a person and inducement by that deception, followed either by a dishonest or fraudulent delivery of property or by a damaging act or omission of the person… Read more Singapore · Enforcement刑事背信与侵占
Criminal breach of trust under s 405 requires that a person was entrusted with property or with dominion over it. Read more Singapore · Enforcement第424A条规定的欺诈罪
The Criminal Law Reform Act 2019 introduced s 424A, modelled on the English Fraud Act 2006, in force from 1 January 2020. Read more Singapore · Enforcement滥用电脑
The Computer Misuse Act 1993 criminalises unauthorised access to computer material (s 3), access with intent to commit an offence (s 4) and unauthorised modification (s 5). Read more Singapore · EnforcementCDSA下的洗钱罪
Part 6 of the CDSA contains the laundering offences. Read more Singapore · Enforcement无牌经营
Section 5 of the Payment Services Act 2019 prohibits carrying on a business of providing any type of payment service in Singapore without a licence or exemption. Read more Singapore · Enforcement市场不当行为
Part 12 of the Securities and Futures Act prohibits false trading and market rigging (s 197), market manipulation (s 198) and false or misleading statements (s 199). Read more Singapore · Enforcement公司及高管责任
Singapore statutes use a consistent technique for attributing offences to companies and their officers. Read more Singapore · Enforcement塑造新加坡实务的四宗案件
Terraform Labs Pte Ltd was a Singapore company. Read more Singapore · Enforcement比较总结
The table shows a system that punishes dishonesty more heavily than Switzerland and that reaches negligent participation in laundering, which Swiss law leaves to administrative sanction. Read more Singapore · Enforcement执法版图
A Swiss lawyer accustomed to cantonal prosecutors, a federal Office of the Attorney General with a defined catalogue of competences and a separate FINMA enforcement division will find Singapore's… Read more Singapore · Enforcement商业事务局
CAD is the principal white-collar crime investigation agency. Read more Singapore · Enforcement可疑交易报告办公室
STRO receives the suspicious transaction reports that the CDSA requires of every person in the course of business, together with cash movement reports and cash transaction reports. Read more Singapore · EnforcementMAS执法
CPIB reports directly to the Prime Minister's Office and investigates offences under the Prevention of Corruption Act 1960. Its relevance to digital assets is narrow but real. Read more Singapore · Enforcement反诈骗指挥部与零售欺诈
The great majority of crypto-related police reports in Singapore are retail scams. Read more Singapore · Enforcement调查机构：总检察署
AGC's Crime Division prosecutes, its Financial and Technology Crime Division handles complex commercial cases and its International Affairs Division is the central authority for mutual legal… Read more Singapore · Enforcement刑事司法协助
The Mutual Assistance in Criminal Matters Act 2000 (MACMA) governs Singapore's incoming and outgoing requests. Read more Singapore · Enforcement加密案件调查的实际运作
A typical CAD investigation into a collapsed platform begins with a report, often from a creditor, followed by a request for documents to the company and its officers. Read more Singapore · Enforcement调查机关：比较观察
Three differences between the Swiss and Singapore investigative systems have practical consequences for structuring. Read more Singapore · Enforcement新加坡为何成为资产追回中心
A victim of token theft or fraud rarely knows at the outset who took the assets or where they are. Read more Singapore · Enforcement财产属性的基础
Every proprietary remedy depends on the asset being property. The Singapore position developed in three steps. Read more Singapore · Enforcement临时救济工具箱
A proprietary injunction restrains the defendant from dealing with specific assets over which the claimant asserts a proprietary claim. Read more Singapore · Enforcement终局救济与推定信托
The ByBit decision shows the full arc. An employee of a payroll contractor caused about 4.2 million USDT and some fiat to be paid to wallets and accounts she controlled. Read more Singapore · Enforcement起诉前阶段与交易所
Singapore-licensed exchanges are bound by the Payment Services Act, by MAS Notice PSN02 on anti-money laundering and by their own terms of service. Read more Singapore · Enforcement针对代币执行判决
A judgment for a sum of money is enforced under O 22 of the Rules of Court 2021 by an enforcement order for seizure and sale of property, for attachment of debts or for delivery of movable property. Read more Singapore · Enforcement与瑞士扣押程序的配合
A cross-border recovery between the hubs typically needs both legal systems. The Singapore court supplies the disclosure and the proprietary freeze at the exchanges. Read more Singapore · Enforcement费用、融资与现实考量
Interim relief in Singapore is expensive. Read more Singapore · Enforcement塑造法律的十八个月
Between July 2022 and the end of 2023 the General Division of the High Court, in almost every case through Aedit Abdullah J, dealt with five digital-asset insolvencies. Read more Singapore · EnforcementIRDA工具箱
A company that proposes or intends to propose a compromise or arrangement with its creditors may apply under s 64 IRDA for orders restraining winding-up resolutions, the appointment of receivers,… Read more Singapore · Enforcement破产与重组：案例
Vauld, a crypto lending platform serving mainly Indian and South-East Asian retail customers, suspended withdrawals on 4 July 2022 and, through its Singapore operating entity Defi Payments Pte Ltd,… Read more Singapore · Enforcement客户的请求：是否构成信托
In every platform insolvency the customer's recovery depends on one question. Read more Singapore · Enforcement平台的债务偿还安排计划
A scheme of arrangement under s 210 of the Companies Act 1967, as modified by Part 5 IRDA, binds all creditors in a class if a majority in number representing three-quarters in value of those voting… Read more Singapore · Enforcement跨境维度
A Swiss creditor of a Singapore platform may prove in the Singapore liquidation or scheme without any Swiss proceeding. Read more Singapore · Enforcement临近破产时的董事义务
Singapore directors who continue to trade while the company is insolvent face liability for wrongful trading under s 239 IRDA, which applies where the company incurs debts without reasonable… Read more Singapore · Enforcement法院的选择
A digital-asset dispute with a Singapore connection can be heard in three places within the Singapore court system. Read more Singapore · Enforcement高等法院普通庭
The General Division has jurisdiction over a defendant who is served in Singapore or who submits. Read more Singapore · Enforcement新加坡国际商业法庭
The SICC was established in 2015 as a division of the General Division to hear international commercial disputes. Read more Singapore · Enforcement诉因与救济
Most platform disputes are contract claims: failure to return deposited tokens, wrongful liquidation of a margin position, refusal to honour a withdrawal, breach of a token purchase agreement or SAFT. Read more Singapore · Enforcement程序实务
A contested commercial claim in the General Division runs from filing to judgment in about twelve to eighteen months, with the single application pending trial heard within the first six months and… Read more Singapore · Enforcement针对瑞士被告的执行
A Singapore judgment against a Swiss-domiciled defendant is recognised in Switzerland under Arts 25–27 PILA if the Singapore court had jurisdiction under Swiss indirect-jurisdiction rules, the… Read more Singapore · Enforcement起诉平台、协议与DAO
A claim against a licensed Singapore exchange is a claim against a Pte Ltd with a registered office, an MAS licence and auditors. It is served at the registered office and defended by counsel. Read more Singapore · Enforcement民事诉讼：比较观察
Singapore civil procedure gives a digital-asset claimant three things that Swiss procedure does not: interim relief against third parties on short notice, compelled disclosure from parties and… Read more Singapore · Enforcement仲裁为何主导代币文件
Most token purchase agreements, SAFTs, market-making agreements, custody agreements for institutional clients and the terms of service of the larger exchanges provide for arbitration. Read more Singapore · Enforcement法律框架
The International Arbitration Act 1994 (IAA) gives effect to the UNCITRAL Model Law on International Commercial Arbitration for international arbitrations seated in Singapore and to the New York… Read more Singapore · EnforcementSIAC与《2025年仲裁规则》
SIAC was established in 1991 and has grown into one of the five most-used institutions in the world, with more than 600 new cases a year in recent years, a majority of them with no Singapore party. Read more Singapore · Enforcement对瑞士当事人的执行
Switzerland and Singapore are both parties to the New York Convention without the reciprocity or commercial reservations. Read more Singapore · Enforcement调解
The Singapore International Mediation Centre (SIMC) was established in 2014 and offers mediation under its own rules, often in combination with SIAC arbitration through the Arb-Med-Arb protocol. Read more Singapore · Enforcement两大中心之间的争议解决条款
A party drafting a dispute clause for a Swiss–Singapore digital-asset contract has four realistic options: the Zürich Handelsgericht, the SICC, SIAC arbitration seated in Singapore and Swiss Rules… Read more Singapore · Enforcement在线与链上争议解决
Decentralised dispute-resolution protocols such as Kleros and Aragon Court resolve disputes by juries of token holders who stake tokens and vote, with the smart contract executing the outcome. Read more Singapore · Enforcement作为执法者的MAS
MAS enforces the statutes it administers with a graduated set of tools: supervisory warnings and reprimands, directions and conditions, composition of offences, civil penalties, prohibition orders… Read more Singapore · Enforcement制裁措施
Most MAS statutes allow MAS to compound an offence by accepting a sum not exceeding half the maximum fine, or a prescribed amount, in return for not prosecuting. Read more Singapore · Enforcement持牌机构群体及其执法记录
MAS publishes the Financial Institutions Directory, a searchable register of all licensed and exempt financial institutions. Read more Singapore · Enforcement《金融服务与市场法》的监管边界
The Financial Services and Markets Act 2022 added to MAS's enforcement powers in three ways that matter for digital assets. It created the harmonised prohibition-order regime described above. Read more Singapore · Enforcement正当程序与司法审查
MAS enforcement is administrative, so the safeguards are those of administrative law. Read more Singapore · Enforcement2023至2026年执法报告及其揭示的情况
The MAS Enforcement Report covering July 2022 to December 2023 recorded the Three Arrows actions, the composition of several licensees for anti-money-laundering failures and the prohibition orders… Read more Singapore · Enforcement与瑞士监管的互动
A Swiss–Singapore group will be supervised on both sides by supervisors who talk to each other. Read more Singapore · Enforcement结语：比较评述
The enforcement systems of the two hubs reflect the character of each legal order. Read more