In brief
The Singapore government has recently amended regulations and an order that implement the relief period ("Relief Period") prescribed under Part 2 of the COVID-19 (Temporary Measures) Act 2020 ("Act") as well as bring into force a specific part of a section of the Act, effectively providing for a second extension to the Relief Period.
The amended regulations and order also refine the categories of scheduled contracts under the Act ("Scheduled Contracts") for which a party may continue to serve notifications for relief on the counterparties to suspend certain legal and enforcement actions for the first party's inability to perform contractual obligations where the inability is materially caused by a COVID-19 event.
Please see our earlier Alert: Extension of Relief Period for specified categories of Scheduled Contracts under the COVID-19 (Temporary Measures) Act 2020 for fuller details on the Scheduled Contracts, the scope of relief and the repayment scheme for rental arrears.
Updated extension of relief periods and categories of contracts
The Relief Period prescribed under the Act, originally six months or from 20 April 2020 to 19 October 2020, has already been extended once (see our Alert).
Following the coming into force of a specific part of a section in the COVID-19 (Temporary Measures) (Amendment No. 3) Act 2020 and issue of the following amendments:
- COVID-19 (Temporary Measures) Act 2020 - COVID-19 (Temporary Measures) (Rental and Related Measures) (Amendment No. 3) Regulations 2020;
- COVID-19 (Temporary Measures) Act 2020 - COVID-19 (Temporary Measures) (Temporary Relief for Inability to Perform Contracts) (Amendment No. 4) Regulations 2020;
- COVID-19 (Temporary Measures) Act 2020 - COVID-19 (Temporary Measures) (Extension of Prescribed Period) (No.2) Order 2020; and
- COVID-19 (Temporary Measures) Act 2020 - COVID-19 (Temporary Measures) (Part 8 Relief) (Amendment) Regulations 2020,
we summarise in the table below the latest relief periods and deadlines as well as the updated categories of Scheduled Contracts for sectors that are expected to continue to be affected by the pandemic.
|
Categories of contract |
Relief Period |
Deadline to file an application for an assessor's determination |
|
Up to 19 November 2020 |
19 November 2020 |
|
31 December 2020 |
28 February 2021 |
|
31 January 2021 |
31 January 2021 |
|
31 March 2021 |
31 March 2021 |
|
31 March 2021 |
31 May 2021 |
Recommended actions
Parties and counterparties should understand whether their contractual arrangements fall under a category of Scheduled Contracts, and if so, whether the relief period(s) affect their legal and enforcement rights in their respective contracts and under general law.
