Notice of negotiation
11.—(1)  A notice of negotiation must —
(a)be in Form 1;
(b)be accompanied by —
(i)a copy of the specified contract or (if the specified contract is not in writing) a description of how the specified contract was made and its terms; and
(ii)such other supporting documents as may be specified —
(A)in Form 1; or
(B)in the adjustment relief Registrar’s directives;
(c)be served on the persons mentioned in section 45(2) of the Act by the prescribed mode of service; and
(d)contain the following information:
(i)the name, address and telephone number, and email address (if any) of A;
(ii)the name and address, and (if known to A) the telephone number and email address of each of the following:
(A)the other party or parties to the specified contract;
(B)a person who is A’s guarantor or surety, or who has issued any performance bond or equivalent, in relation to any of A’s obligations under the specified contract;
(C)an assignee of any party, if any;
(iii)the date of the specified contract;
(iv)a declaration by A that A satisfies the requirements in Part 3 of the Second Schedule to the Act;
(v)a declaration by A that the contract in question is a contract described in section 42(1) of the Act;
(vi)a declaration by A that the specified contract is not a contract of national interest;
(vii)any proposal by A on the adjustment to the rights and obligations of the parties and their assignees under the specified contract that A seeks to negotiate, under section 43(1) of the Act;
(viii)a declaration by A that all the information provided in the notice of negotiation is true and accurate.
(2)  Apart from the persons mentioned in section 45(2) of the Act, a notice of negotiation must be served on an assignee of A (if any) —
(a)by the prescribed mode of service; and
(b)within the service period for that notice of negotiation.
(3)  Where C —
(a)seeks to adjust the rights and obligations of the specified contract in accordance with Part 4 of the Second Schedule to the Act;
(b)is aware that proceedings against C or C’s guarantor or surety in relation to a future loss are pending in a court, an arbitral tribunal or other person or body at the time the notice of negotiation was served; and
(c)wishes to lodge a copy of the notice of negotiation with the court, arbitral tribunal or other person or body,
C must, after service of the notice of negotiation, file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings are pending, a memorandum of notice of negotiation in Form 2.
(4)  Where A —
(a)becomes aware that proceedings against A or A’s guarantor or surety in relation to a subsequent failure or future loss have, after service of the notice of negotiation in accordance with section 45(3) of the Act, been commenced before a court, an arbitral tribunal or other person or body in breach of paragraph 1 of Part 2 of the Fifth Schedule to the Act; and
(b)wishes to lodge a copy of the notice of negotiation with the court, arbitral tribunal or other person or body,
A must file with the court, or submit to the arbitral tribunal or other person or body, before which the proceedings were commenced, a memorandum of notice of negotiation in Form 2.
(5)  A memorandum of notice of negotiation mentioned in paragraph (3) or (4) must —
(a)contain the following:
(i)information identifying the proceedings before the court, arbitral tribunal, or other person or body;
(ii)a declaration of service of the notice of negotiation which must state when such service was effected; and
(b)be accompanied by a copy of the notice of negotiation.