English as the Working Language: Practical consequences for clients and advisers

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Language in the structuring of a relationship

For a European client or adviser, the use of English in Singapore has several practical consequences. Everything that matters legally in Singapore, from the constitutional documents of a company to the deed of a trust and the agreement with a bank, will be in English. A client who does not read English well should insist on a translation for information. He should also understand that the English text alone governs. A Swiss or German client used to receiving contracts in his own language should be told this at the outset, since a later dispute will be decided on the English text by a court or tribunal that works only in English.

The second consequence concerns concepts. Because Singapore law uses English legal terms, the translation of a Singapore document into German, French or Italian requires a translator who understands the common law. A trust deed translated by a general translator may render trustee as Treuhänder or fiduciaire, which suggests a contractual mandate under Swiss law. The proprietary character of the trust disappears in that translation. Advisers should check that the translation of key documents preserves the legal meaning, and should mark it clearly as a translation for information only.

The third consequence concerns documents going the other way. Swiss, German and French documents that must be used in Singapore, from powers of attorney to certificates of incorporation and court judgments, need a certified English translation. Officials and courts will work from the translation, so that errors in it can have serious effects. Chapter J.III examines translation and the recognition of foreign documents in the context of legal services.

Checklist: language in a Singapore engagement

• Confirm that the client can read and understand the English documents he will sign, or arrange a translation for information.
• State in each bilingual document that the English text prevails, and avoid two authoritative versions.
• Use translators trained in the common law for trust deeds, security documents and shareholders’ agreements.
• Check that key legal terms (trust, consideration, floating charge, fiduciary duty) are rendered with an explanatory note when no exact equivalent exists.
• Obtain certified English translations of foreign corporate documents, powers of attorney and judgments before they are filed with Singapore authorities or courts.
• Agree on English as the language of any arbitration, and name the language expressly in the arbitration clause.
• Where the client or counterparty prefers Mandarin, Bahasa Indonesia or another language for negotiation, keep the binding documentation in English and record the negotiation language separately.
• Review correspondence with MAS, ACRA and IRAS in English for consistency with the documents filed in other jurisdictions.

For general information only. This article does not constitute legal or tax advice, does not replace advice on an individual case and creates no lawyer-client relationship. It reflects the legal position as of October 2026.