In order to qualify for relief under the Covid-19 (Temporary Measures) Act, you would first need to serve a Notification for Relief (‘NoR’) on the relevant parties.
A NoR must follow a prescribed template set out at Form 1. You may make modifications but you should adhere to the prescribed template as far as possible to avoid the possibility of the other party challenging your NoR as being defective and hence disentitling you to relief.
There are several modes to serve (NoR),. However, as far as possible, you are expected to serve the NoR electronically via SingPass or CorpPass.
Electronic service of NoR
If you represent a company that is party to the contract, you should fill in the NoR (Form 1) on the CorpPass system. The link to the form on CorpPass can be found here: https://form.gov.sg/#!/5e967e80fc26690011d1554d
If you are a party to the contract personally, you should fill in NoR Form 1 using the SingPass system. The link to the form on SingPass can be found here: https://form.gov.sg/#!/5e99958e12ea630011008a65
After filling the NoR on CorpPass or SingPass, the system will send the NOR to the email addresses of all relevant parties.
What if you are unable to use CorpPass or SingPass?
If you are unable to use either CorpPass or SingPass, you may fill in NoR Form 1 manually. You can download a copy of NoR Form 1 here. After filling in NoR Form 1, you should serve the NoR on all relevant parties via the following methods, listed in descending order of priority/preference (ie. from most preferred to less preferred):
- By email;
- Other internet-based platforms through which you have previously communicated with the other party/parties on matters concerning your contract. Examples include:
- Social media, e.g. Facebook
- Messaging services, e.g. WhatsApp, Telegram
- The counterparty’s own website or blog;
- By registered post to all relevant parties (last resort if all the methods above are not available)
Make sure you serve the NoR on:
- All other parties to the contract, within 6 months from 20 April 2020 (i.e. by 19 October 2020)
- Sureties or guarantors for your contractual obligations or issuers of related performance bonds within one working day from the date of serving the notification to all other parties to the contract
What if there are already pending proceedings?
If you are aware of pending court or arbitration proceedings against either you, your surety or your guarantor over a contract that you are party to, you should also submit a copy of the NoR Form 1 and a separate Memorandum of Notification for Relief (Form 2) to the relevant court or tribunal. The link to Form 2 can be found here.
If proceedings were commenced in the State Courts, or the High Court and you are represented by lawyers, they would be able to assist you in filing the completed Memorandum of Notification of Relief in the e-Litigation system. If you represent yourself, you may file the Memorandum of Notification of Relief at the LawNet/CrimsonLogic Service Bureau, located at Level 1 of the Supreme Court building during office hours.
If there are pending proceedings in the Small Claims Tribunal, you should file your Memorandum of Notification for Relief in the Community Justice and Tribunals System by uploading the Memorandum under the section “General Application”: https://www.statecourts.gov.sg/CJTS/#!/index1
Withdrawing a Notification for Relief
If you wish to withdraw your NoR, you would have to serve the Withdrawal of Notification for Relief (Form 3) on the same parties that you have previously served the NoR on. The methods for serving a withdrawal are the same as the methods for serving a notification for relief. However, if you had served a notification using either CorpPass or SingPass, be sure to use the same method for serving a withdrawal.
The links for serving a withdrawal can be found below:
- CorpPass: https://go.gov.sg/withdrawal-of-notification-corppass
- SingPass: https://go.gov.sg/withdrawal-of-notification-singpass
If you are using an alternative methods for service, the link to Form 3 can be found here.
If you have also lodged a notification relief to stop court or arbitral proceedings, you must also submit a Memorandum of Withdrawal (Form 5) to the same court or tribunal within 2 days of serving a withdrawal on all relevant parties. The methods for lodging Form 5 are the same as the methods for lodging Form 2. The link to Form 5 can be found here.