Apr 08 2020 | by OrionW
The COVID-19 (Temporary Measures) Act 2020 (the Act) became law in Singapore on 7 April 2020. The Act offers temporary relief to businesses and individuals who are unable to perform their contracts because of the COVID-19 pandemic. The Act also provides temporary measures for certain matters related to bankruptcy, in-person business meetings, court proceedings, property tax and movement of individuals.
Duration of the Measures
Most parts of the Act will be in force for a period of one year. However, the Act does not specify the period during which the temporary measures will be in effect. The Minister of Law may specify an initial period of 6 months, but may extend or shorten it.
Contracts Covered by the Act
The Act covers certain contracts that were entered into or renewed before 25 March 2020, or that renewed automatically after that date, including:
The Act provides detailed definitions for most of those categories of contracts.
For covered contracts, the Act prohibits a contracting party from taking legal actions against another party who is unable to perform an obligation arising on or after 1 February 2020 due to COVID-19, including:
until after the temporary relief period has ended or an assessor has determined that the Act does not apply to that obligation, as discussed below. Limitations on actions in law or in contracts will be correspondingly extended. Special additional provisions apply to construction and supply contracts and to event and tourism-related contracts, including with respect to the forfeiture of deposits under the latter contracts.
A party adversely affected by COVID-19 must notify the other party or parties and any guarantors or sureties to qualify for relief under the Act. The Act does not provide relief to parties unable to perform contracts for reasons other than COVID-19.
Body of Assessors
As a safeguard against unfair outcomes, the Ministry of Law will appoint assessors to resolve disputes related to claims for temporary relief regarding covered contracts and deposit forfeitures. The assessors will be granted broad powers to decide whether any inability to perform contractual obligations was due to COVID-19 and to grant relief that is just and equitable in the circumstances. As the aim is to keep the process affordable, fast and simple, parties may not be represented by a lawyer at proceedings before an assessor. No costs orders will be given and all assessors’ decisions will be final and not appealable.
Measures Relating to Bankruptcy and Insolvency
The Act also introduces temporary relief for individuals and businesses in financial distress by increasing:
In addition, directors will be temporarily relieved from their obligations to prevent their companies trading while insolvent if the debts are incurred in the company’s ordinary course of business. However, the usual criminal liability remains if the debts were incurred fraudulently.
Measures Related to Individuals
Control orders adopted under the Act restrict the movement of people from their residences, prohibit social gatherings, mandate physical distancing when outside residences and restrict the use of sports and recreation facilities. Persons violating a control order are subject to fines of up to S$10,000 or imprisonment for up to 6 months, or both, for a first offence and to double those penalties for further offences. The control orders expire on 5 May 2020.
The Act also authorises the Minister of Law to prescribe alternative arrangements, such as video conferencing, for conducting meetings that are required by law or legal instrument to be held in person.
Courts may order accused persons and witnesses to appear and to give evidence by live video technology if it is in the interests of justice to do so.
Under a separate act, owners of commercial properties will be granted relief from property tax and are encouraged to pass the benefit of that relief to their tenants. Under the Act, an owner’s failure to pass the benefit of that property tax relief to tenants without an excuse will be an offence.
During current uncertain times, the Act provides temporary protection that will be a welcome addition for individuals and businesses unable to perform contracts or in financial distress due to COVID-19. However, it remains to be seen how assessors will construe what constitutes a situation “caused by COVID-19” or what is “just and equitable”. It is important to emphasise that the relief afforded by the Act is temporary. The Act does not excuse contract breaches (except in limited cases related to deposit forfeitures); it only suspends certain performance obligations and enforcement actions during the temporary relief period.
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Disclaimer: This article is for general information only and does not constitute legal advice.