COVID-19: Summary of European Government Financial Support - 03 April 2020 - squirepattonboggs.com
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INTRODUCTION While there has been much public focus on the measures European governments have taken to try to contain the spread of the coronavirus disease 2019 (COVID-19) by restricting circulation and closing down aspects of economic life, every government has a second critical objective: to preserve as much of the fabric of the economy (e.g. solvent companies with employees who can respond immediately to demand when it returns) as possible. Put bluntly, if factories and plants close and those who work there are made redundant, it takes a great deal longer for that capacity in the economy to be re-activated. The calculation governments have made is that it is worth paying – a lot – to preserve that productive capacity. The numbers are eye-wateringly large. Governments of all political persuasions are nationalising large swathes of the economy, at least temporarily, and in many cases, becoming employers of last resort. But lift the lid and you see a very wide range of measures. The very largest sums tend to be loans not grants, though on favourable terms. Loans do not add to the national debt in the way that grants do. But there are grants as well – governments have recognised that loading virtually the entire private sector with abnormal debt would create as much of a problem for government as it would for businesses. Alongside the loans and grants, you also find deferrals of tax and other payments – which, with extremely low interest rates, are close to cost free to government. Governments can help a company’s cash position in three ways – by giving it money, by lending it money and by relieving it of some bills. European governments are doing a mix of all three. They are doing some other things, too, to try to keep companies in business. Like temporarily relieving Directors of some Duties, including not to trade if you are not financially viable. Or suspending redundancy or insolvency processes. The message is clear: keep your company in being, even if it is not doing anything. Are the measures announced likely to achieve that? In varying degrees, probably yes. But they are also storing up significant problems for the future, and not just of government debt. Decisions taken by corporates to access relief schemes come with conditions in some countries. And all such decisions may come under scrutiny in the future after the crisis is past, with the potential for litigation or regulatory intervention. How forgiving will society be if the private sector is seen after the crisis to have just looked after itself (despite preserving the fabric of the economy being a clear government objective)? Free money is never free. In some cases, this support comes with explicit conditions; in other cases, with expectations. But in all cases, company boards will need to consider carefully which support schemes are best, and how best to access them, in the expectation of future scrutiny. Matthew Kirk International Affairs Advisor, London T +44 207 655 1389 matthew.kirk@squirepb.com Squire Patton Boggs | COVID-19: Summary of Government Financial Support to Businesses - Europe
CONTENTS BELGIUM 1 CZECH REPUBLIC 5 EUROPEAN UNION (EU) 8 FRANCE 14 GERMANY 22 ITALY 27 POLAND 33 SLOVAKIA 37 SPAIN 39 UNITED KINGDOM 41 i
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Belgium Financing Facility Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Federal The federal state will provide a guarantee All “viable” non-financial All new loans (excluding re- The scheme is expected to The measure has been Guarantee of €50 billion for certain loans issued by companies financings) with a maximum apply automatically. announced and should be Scheme financial institutions in Belgium term of one year (unless implemented shortly. SMEs extended) entered into prior to Any losses that are suffered will be 30 September 2020 (unless More information apportioned between the federal state and Not-for-profit organizations extended) will be covered by can be found the financial sector: the federal guarantee. here. Self-employed ‒ First loss of 3% to be supported by the financial sector ‒ Losses between 3% and 5% shared equally between the financial sector and the federal state ‒ For losses in excess of 5% the federal state will bear 80% of the loss Repayment For existing loan agreements (not leasing All “viable” non-financial The applicant will need to Applications to be lodged with Available now. Moratorium or factoring agreements), companies, self- companies prove that it is established in the relevant credit institution. Scheme employed workers and individuals can Belgium, is experiencing request a moratorium until 31 October SMEs financial difficulties resulting 2020 on their loan repayment (principal from the COVID-19 virus, that More information payments only not interest payments Self-employed it is up–to-date on its loan can be found which remain due) obligations (without payments, tax and social here. any penalties becoming due). Homeowners experiencing security payments, that it has financial difficulties in respect complied with all its of their mortgage payments contractual obligations vis-à- vis its bank lenders over the 12 month period prior to 31 January 2020 and it is not subject to any debt restructuring measures. The homeowner will need to demonstrate financial difficulties in connection with COVID-19, that it is up-to-date on their mortgage payments and its financial means are lower than €25,000. 1
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Belgium Other Financial Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Federal Tax A payment plan, and exoneration from Companies and self-employed Companies or self-employed Application to be made to the Available now. Relief Scheme penalties and late payment interest, can be who are affected by the Federal Tax Authority by 30 negotiated with the federal tax authorities COVID-19 crisis (must provide June 2020 at the latest. More information for: evidence) can be found ‒ Wage withholding tax Fraud related tax debts are not here. ‒ VAT eligible. ‒ Corporate Income Tax ‒ Income Tax Other Federal Extension for the declaration (and Companies Automatic Automatic Available now. Tax Measures payment) of: Not-for-profit More information ‒ Corporate Income Tax ‒ Wage withholding tax Self-employed can be found ‒ Non-residents Tax here. ‒ Not-for-profit income tax ‒ VAT Social Security The payment of social security Companies Companies that have been Automatic for companies in Available now. Measures contributions can be postponed until 15 shut down due to Covid-19 or certain specific sectors and December 2020. who have decided to shut those that were required to More information down close (such as restaurants, bars, leisure businesses, can be found cultural and sport related here. businesses). Upon request for other companies that have decided to fully shut down (i.e., whose production and sales activities have stopped). Temporary Under the temporary unemployment Companies None Application to be made to the Available now. Unemployment regime, an employer can suspend wage Belgian National Employment for Force payments and workers will receive Office (ONEM). Majeure unemployment benefits corresponding to a percentage of their wages from the federal authorities. 2
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Belgium What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? More information This applies to blue collar and white collar can be found workers. here. The application procedures have been simplified given the COVID-19 crisis. Other measures The Flemish Region has announced, Companies, self-employed Various depending on the Various formalities depending Most measures are now in the Flemish among other measures: and individuals in the Flemish measure. on the relevant measure. available. Region Flanders ‒ Indemnity payments of €4,000 for region companies that have had to close as a result of COVID-19 More information ‒ Deferral of tax payments in respect can be found regional taxes here. ‒ Extension of an existing guarantee scheme to help COVID-19 affected companies. Other measures The Walloon Region has announced, Companies, self-employed Various depending on the Various formalities depending Most measures are now in the Walloon among other measures: and individuals in the Walloon measure. on the relevant measure. available. Region ‒ Indemnity payments for SMEs and region self-employed that have had to shut down as a result of COVID-19 (up to More information €5,000) can be found ‒ Deferral of tax payments in respect here. regional taxes ‒ Extension of an existing guarantee scheme to help COVID-19 affected companies Other measures The Brussels Region has announced, Companies, self-employed Various depending on the Various formalities depending Most measures are now in the Brussels among other measures: and individuals in the Brussels measure. on the relevant measure. available. Region ‒ Indemnity payments for companies region that have had to close as a result of COVID-19 (up to €4,000) More information ‒ Deferral (or even waiver) of tax can be found payments in respect regional taxes here. ‒ A guarantee scheme to help COVID- 19 affected companies 3
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Belgium Key Contacts Bart Vanderstraete Partner, Brussels T +322 627 1120 E bart.vanderstraete@squirepb.com Amaury de Borchgrave d’Altena Counsel, Brussels T +322 627 7647 E amaury.deborchgrave@squirepb.com 4
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Czech Republic Financing Facility Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Programme COVID I Loans provided by the Czech-Moravian Small and medium Businesses must prove that Applications may be The available funds have Guarantee and Development Bank enterprises (SMEs) their operations were limited, submitted via electronic form already been distributed and Further information (ČMZRB) without interest and without SMEs are allowed to use paused or otherwise affected on the website of ČMZRB. the scheme is no longer open can be found here. fees. by the extraordinary to new applicants. these finances to purchase Loans are provided in amounts from CZK equipment or intangible measures of the government 500,000 to CZK 15 million with two years assets, to purchase or to fight the spread of COVID- maturity and possible deferral of finance inventory and to 19. repayment up to 12 months. finance business operations. Programme COVID Commercial loans provided by one of the SMEs are allowed to use the Businesses must prove that Application is submitted via SMEs are allowed to use the II commercial banks in the programme, with funds to pay wages, utilities, their operations were limited, electronic form available funds to pay wages, utilities, a guarantee provided by the ČMZRB. outstanding or future invoices paused or otherwise affected here. outstanding or future invoices Further information relating to materials or by the extraordinary relating to materials or can be found here. Loans may be provided up to CZK 15 million, with up to 80% of the principal supplier invoices, or to measures of the government supplier invoices, or to amount guaranteed by the ČMZRB. finance its receivables or to fight the spread of finance its receivables or inventory. coronavirus. inventory. Guarantee is provided for a maximum of three years. Subsidies Subsidies for businesses to adopt new SMEs Detailed eligibility criteria The programme will be open The finances would be programme technologies (e.g. online retailing) to have not yet been published. for applications as of 14 April available following the "Technologie continue the business despite restrictive 2020. application being approved. COVID" measures. Czech Ministry of Industry and Trade Further information offers up to CZK 20 million per applicant. can be found here. Subsidies Subsidies for businesses offering new All businesses, including The project must be The programme is not yet The finances would be Programme "Czech solutions for fighting the spread of start-ups and scientific implemented in the Czech open. available following the Rise Up" coronavirus (such as new types of institutions. Republic and must offer quick application being approved. respirators or ventilators). solutions for the fight against Further information coronavirus. Czech Ministry of Industry and Trade can be found here offers to cover all necessary costs of and here. introduction of these technologies to the market. The budget for this programme is expected to be around CZK 200 million, individual subsidy may amount to maximum of CZK 5 million. 5
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Czech Republic What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Direct payments to Direct payments of CZK 15,000 to self- Only self-employed The individual must prove Applications should be sent to The finances would be self-employed employed individuals. individuals that their financial situation the Tax Office. available following the individuals worsened due to COVID-19 application being approved. measures. Detailed criteria The program should be open Further information have not yet been published. as of mid- April 2020 (subject can be found here. to the approval of the necessary legislation). Other Financial Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Ministry of Finance Suspension of penalties for late All tax payers No application needed. measures submission of tax returns (up until 30 June 2020) Further information can be found here. Suspension of penalties for late submission of control statement Suspension of payment of the tax advance due in June Suspension of penalties for late submission of tax return on real estate taxes (up to 31 August 2020). Suspension of obligations of businesses to electronically register taxes during the state of `emergency state and for a period of three months afterwards (this measure is subject to amendment of the act on electronic registration of taxes) Loss carry back - right of businesses to apply tax loss retroactively for 2018, 2019 and 2020 (this measure is subject to amendment of the tax code). 6
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 Czech Republic What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Insurance for large Insurance up to CZK 330 million (including Businesses with at least 250 Further details are not yet Further details are not yet Further details are not yet businesses existing insurance products) per individual employees known. known. known. provided by the Export Guarantee and Further information Insurance Corporation (EGAP) can be found here. (Subject to amendment of the relevant legislation). Suspension of Self-employed individuals are exempted Self-employed individuals No application is required. The measure is subject to social security from the obligation to pay monthly social amendment of the Act on contributions security contributions from March to social security, which is now August 2020. discussed in the Parliament. Further information can be found here. Key Contacts Radek Janeček Veronika Vaněčková Partner, Prague Associate, Prague T +420 221 662 275 T +420 221 662 265 E radek.janecek@squirepb.com E veronika.vaneckova@squirepb.com 7
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 European Union (EU) Financing Facility Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance Relevant links available? eligible? for applying? be available? Coronavirus Initiative proposed by the European The measures are The eligibility criteria are set The European Funds available from 1 European Response Commission to provide a addressed to member out through the principle Commission has set February 2020. Commission Investment coordinated approach for member states. The respective pieces of legislation (and their up a task force to The co-legislators Communication on Initiative (CRII) states to manage the public health federal or regional proposed amendment by coordinate the (Council of the EU and the broader emergency. authorities allocate the Regulation on CRII): allocation of funds European Parliament) coordinated A total of €102 billion is envisaged: funds. o Regulation (EU) between member have approved the response for the Particular focus should 1301/2013 on the states. This will proposal. COVID-19 outbreak o €37 billion European Structural determine the Investment Fund (ESIF) be given to: European Regional European Development Fund funding each region Commission Press o €65 billion divided into: (i) €7.9 o Provide support to will be receiving to the healthcare o Regulation (EU) Release on the CRII billion from the EU budget, (ii) allocate to measures €29 billion of structural funding sector 1303/2013, for the various businesses in need. across the EU and (iii) €28 o Provide liquidity to EU Structural Funds European billion of as of yet unallocated corporates (e.g. o Regulation 508/2014 on Commission Q&A on structural funds SMEs) European Maritime and the CRII+ On 2 April 2020, the European o Support short time Fisheries Fund Regulation (EU) Commission launched the CRII+, national working The specific criteria on the 2020/460 on the which is a new set of measures to schemes allocation of funds to regions Coronavirus mobilise support against the are determined in partnership Response COVID-19 outbreak. These are agreements and programs Investment Initiative flexible measures that would allow negotiated between the published in the for: European Commission and Official Journal of the the respective member states. EU on 31 March o Transfer possibilities across the 2020 and entered three cohesion policy funds (the The federal or regional into force on 1 April European Regional authorities direct the funds to 2020; it is directly Development Fund, European their regions according to the applicable to member Social Fund and Cohesion needs and based on the states Fund) criteria determined by each o Transfers between the different individual partnership categories of regions agreement. o Flexibility related to the thematic concentration of funds o Simplification of procedural steps linked to programme implementation, use of financial instruments and audit 8
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the finance Relevant links available? are eligible? any) for applying? be available? Financial Aid Financial assistance under the Available to countries A country is eligible if major Application criteria Funds available from 1 European under the European Union Solidarity Fund negotiating their natural disasters are striking for countries to February 2020 (funds can Commission press European Union (major public health emergency) to accession to the EU to its regions. apply for the be applied retroactively). release Solidarity Fund assist countries negotiating their assist with public health In particular the Regulation European Union The European Regulation (EU) accession to the EU. systems and socio- (EU) 2020/461 extends the Solidarity Fund can Commission would accept 2020/461 on the Immediate financial assistance up to economic recovery. legislation to "major public be found on the applications under the Financial Aid for €38 million announced for the Respective countries to health emergency".2 website. European Solidarity Fund countries negotiating Western Balkans' public health decide on allocation of Respective country's authority Applications need to until 24 June 2020. accession to the EU systems to tackle the health funds. to decide how to allocate be submitted to the Co-legislators (Council of published in the emergency caused by COVID-19 funds. European the EU and European Official Journal of the and reallocation of €374 million to Commission within Parliament approved the EU on 31 March help the socio-economic recovery1 12 weeks of the legislation. 2020 and entered of the region. date of the first into force on 1 April The public health need is divided official action 2020; it is directly between: against the applicable to member emergency. states o Albania and North Macedonia - up to €4 million each o Bosnia and Herzegovina - €7 million o Montenegro - up to €3 million o Kosovo - up to €5 million o Serbia - up to €15 million Liquidity €1 billion available in an EU budget Small and medium Eligibility criteria unclear for The EIB is working Funds available from 1 European Measures for guarantee to the European enterprises (SMEs) the time being. The EIB is with the European February 2020 Commission SMEs Investment Fund (EIF) via the defined under EU working with the European Commission to (retroactive application). Communication on European Fund for Strategic recommendation Commission to adapt existing adopt a faster the broader Investments (EFSI). 2003//361 (further product features. approval process. coordinated The EIF will provide liquidity and information available response for the guarantees to banks, mobilising €8 here). COVID-19 outbreak billion in working capital European Investment financing. Bank Press Release 1 €46.7 million to Albania, €73.5 million to Bosnia and Herzegovina, €50 million for Montenegro, €62 million to North Macedonia, €78.4 million to Serbia and €63 million to Kosovo. 2 Defined as "any life-threatening or otherwise serious hazard to health of biological origin in an eligible State seriously affecting human health and requiring decisive action to contain further spreading resulting in a public financial burden inflicted on the eligible State for emergency response measures estimated at over EUR 1 500 000 000 in 2011 prices, or more than 0.3% of its GNI." 9
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the finance Relevant links available? are eligible? any) for applying? be available? Liquidity In addition, the European Measures for Investment Bank (EIB) proposed to SMEs mobilise another €40 billion of financing divided into: €20 billion of financing Dedicated guarantee schemes to banks based on existing programmes for immediate deployment €10 billion of financing dedicated liquidity lines to banks to ensure additional working capital support for SMEs and mid-caps €10 billion support dedicated asset- backed securities (ABS) purchasing programmes to allow banks to transfer risk on portfolios of SME loans Temporary State aid (i.e. government support All companies The relaxation of state aid Application for state Available from 1 February Communication for a Framework for that gives a company a competitive requesting state aid rules is available for: aid ordinarily follows 2020 until the end of Temporary State Aid advantage over other companies) is from their governments. o Direct grants, selective the broader state December 2020. Framework for State prohibited, unless there are justified Among others: tax advantages and aid procedures Aid measures reasons of general economic advance payments - under Article 107 of European development. o Three French the Treaty of support schemes Member states can set up Commission press The framework provides flexibility to schemes to grant up to Functioning of the release related to EU. the existing state aid rules and the commercial loans €800,000 to a company in European Commission has and credit lines order to address urgent There is, however, a approved various state aid (here) liquidity needs much faster schemes. o State guarantees for procedure of o Danish guarantee approval under scheme for SMEs loans taken by companies from banks - these flexible rules: (here) Member states can o Member state o German loan provide guarantees to submits a state programs within ensure banks keep aid scheme promotional bank providing loans to (here) o European customers who need them Commission will o Italian support respond within scheme for supply of days (thus far it medical devices and has been 48 PPE (here) hours upon receipt) 10
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the finance Relevant links available? are eligible? any) for applying? be available? Temporary UK CBIL scheme to o Subsidized public loans Framework for support SMEs (here)3 to companies - Member State Aid states can grant loans with favourable interest rates to companies to cover immediate working capital and investment needs o Safeguards for banks that channel state aid to the real economy - Some member states plan to build on banks' existing lending capacities, and use them as a channel for support to businesses, particularly SMEs; the communication clarifies that such aid is considered as direct aid to the banks' customers, not to the banks themselves, and gives guidance on how to ensure minimal distortion of competition between banks Short-term export credit insurance - Designation of countries as "not-marketable risks"4, enabling short-term export credit insurance to be provided by the state 3 Considering that the UK is currently under the transition period of its withdrawal from the EU, EU law remains applicable to the UK. Thus, the UK's eligibility for such funding remains and, as such, it is aligned with the remaining UK's contribution to the EU budget. 4 As marketable risks can be temporarily unavailable due to the current crisis, member states may use the exemption for non-marketable risks of paragraph 18 (d) of the Communication from the Commission on short- term export-credit insurance: "if the Commission, after having received a notification from a Member State, decides that due to a shortage of export-credit insurance, certain risks are temporarily non-marketable for exporters in the notifying Member State." A marketable risk as defined under the communication is "commercial and political risks with a maximum risk period of less than two years, on public and non-public buyers of all Member States, Australia, Canada, Iceland, Japan, New Zealand, Norway, Switzerland, United States of America." 11
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the finance Relevant links available? are eligible? any) for applying? be available? RescEU Increase in the total budget of Reorganisation of EU The Commission will finance The stockpile will be Available from 20 March Amended Budget stockpile rescEU5 stockpile of medical spending for the year in 90% of the stockpile. hosted by one or 2020. here. equipment (ventilators, protective line with the latest The Emergency Response several member European masks and essential medical gear) priorities to secure Coordination Centre will states. The hosting Commission press to €80 million. funding for these manage the distribution of the state will be release. The proposal includes further operations. equipment to ensure it goes responsible for COVID-19 related financial support: where it is needed most procuring the based on a fast-track public equipment. o €350 million of migration management assistance to procurement process. Member states that Greece host rescEU stockpiles can apply o €3.6 million for the European for a direct grant Centre for Disease Prevention from the European and Control Commission. 90% o €100 million to help Albania of the grant covers recover from the devastating costs of the earthquake on 26 November stockpile and the 2019 remaining 10% will o €3.3 million additional funding be covered by the for the European Public respective member Prosecutors' Office (EPPO) to state. boost its 2020 budget Emergency The European Commission decided Addressed to member European Commission to Member states to From 1 February 2020 Second version of Support to directly support the healthcare states' healthcare manage the funding process request funding applicable until 31 Amended Budget Instrument for systems of EU member states. The systems. and set out the criteria for from the European January 2022. (retroactive here. the healthcare Commission will thus mobilise: funding based on partnership Commission. application). Proposal for a o €3 billion from the EU budget, agreements with respective Further application Council of the EU needs Council Regulation to sector member states, as laid out in criteria to be of which €2.7 billion will be to approve the proposal activate emergency channelled through the the humanitarian aid determined by for a Regulation to support. Emergency Support Instrument framework (Council partnership become official EU law. Regulation (EC) 1257/96). agreements European o €300 million though the rescEU between a member Commission press medical equipment capacity Indicative (but non- release. exhaustive) actions in scope state and the These funds are available under the can be found on ANNEX 1 of European EU's General Budget. the Proposal for a Council Commission. Additional contributions will be Regulation to activate possible from member states and emergency support. also individuals, foundations and even crowd funding. 5 EU Civil Protection Mechanism. 12
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 European Union (EU) What help is What does the help entail? Which companies What is the criteria (if How to apply When will the finance Relevant links available? are eligible? any) for applying? be available? Support to Temporary measure introduced in Addressed to member This fund will be based on a Member state Funds available from 1 European mitigate response to the COVID-19 crisis by states to focus on short- system of voluntary submits a request to February 2020 Commission Press Unemployment the European Commission. The term work schemes for guarantees from member the European (retroactive application). Release. Risks in an temporary fund would provide: employees or similar states. Thus, a minimum Commission The co-legislators Proposal for a o Up to €100 billion will provide measures for the self- amount of committed together with (Council of the EU and Regulation on the Emergency employed. guarantees will be needed appropriate (SURE) loans granted on favourable European Parliament) establishment of a terms from the EU to member (25%). evidence of the have to approve the European instrument states Funds to be given to member need to access proposal before it can for temporary support states to complement national funds. become official EU law. to mitigate o Up to €25 billion of guarantees voluntarily committed by measures to mitigate the The member state unemployment risks member states to the EU budget direct economic and negative can, upon receipt of in an emergency to leverage the financial power social effects due to the the funds, allocate (SURE). of SURE. COVID-19 crisis. them accordingly. Pandemic €750 billion stimulus package Available to the The PEPP enables the No application Purchases will be The information on Emergency announced by the European Central Eurosystem's Central Eurosystem central banks to required by conducted until the end of the ECB's response Purchase Bank (ECB) to buy government and Banks. purchase6: companies - 2020. is available here. Programme corporate bonds to assist sovereign This will include all the o Eligible marketable debt purchases will be The European debt markets. asset categories eligible securities carried out flexibly Central Bank's (PEPP) to achieve monetary under the existing asset o Eligible corporate bonds Decision is available purchase programme policy objectives. here. and other marketable debt (APP) currently instruments supporting Central Banks. o Eligible covered bonds o Eligible asset-backed securities Key Contacts Wolfgang A. Maschek Christina Economides Partner, Brussels Public Policy Advisor, Brussels T +322 627 11 04 T +322 627 11 05 E wolfgang.maschek@squirepb.com E christina.economides@squirepb.com 6 The eligibility of the marketable assets listed are financial instruments that are admitted to trading on a market and that fulfil the eligibility criteria laid down in Part Four of the ECB's Guidelines (ECB/2014/60) on the implementation of the Eurosystem monetary policy framework. 13
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France Financing Facility Support What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for applying? How to apply When will the available? finance be available? Exceptional The state has provided a It is available to all legal entities and The loan must: The guarantees will be issued The process can state guarantee guarantee of up to €300 billion physical persons having an Provide a minimum grace period of 12 months and managed by Bpifrance start now. of €300 billion (in principle, interest and economic activity and registered and an option for the borrower at the end of this Financement SA on behalf of for loans to ancillary costs) for all new with the SIRENE. It is not available, period to amortise it for an additional period of up the government. loans granted by credit however, to: to five years businesses establishments and financing ‒ Businesses subject to Be unsecured (with some exceptions for In most cases, the guarantee is entities between 16 March insolvency proceedings companies with a large number of employees or granted automatically, once 2020 and 31 December 2020. ‒ Credit establishments turnover) notified to Bpifrance. More ‒ Financing entities Eligibility is subject to the aggregate loans granted information ‒ Real estate civil companies to the borrower not having fallen below their level For large companies, a case-by- can be found The guarantee can cover as of 16 March 2020 case review will be performed here. several loans, in which case it by the Minister of Economy. will enter into force in There is a limit to the amount of the There is a fee for the guarantee, which varies chronological order. loans that can be granted, according to the length of the loan and the size of depending on the date of the the business: creation of the borrower (before or For businesses employing more than 250 persons after 1 January 2019). or with a turnover of more than €50 million or a balance sheet greater than €43 million: ‒ 0.50% for the first year ‒ 1% for the two following years For loans granted to companies with ‒ 2% for the next three following years more than 4,999 employees or with For other businesses: a turnover exceeding €1.5 billion ‒ 0.25% for the first year (both criteria as at 16 March 2020), ‒ 0.50% for the two following years the decision will be taken on a case- ‒ 1% for the next three following years by-case basis. A period of two months must lapse before a call under the guarantee. The guarantee will only cover part of the loan: ‒ 90% for businesses that employ less than 5,000 persons and have a turnover of less than €1.5 billion ‒ 80% for businesses with a turnover greater than €1.5 billion but less than €5 billion ‒ 70% for others 14
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for applying? How to apply When will the available? finance be available? Public Government support of credit Small-size entities and medium-size • Only applies until 31 December 2020. reinsurance of insurance to protect inter- entities insurance company credit. cover The Caisse central de réassurance will implement a reinsurance mechanism up to an amount of €10 billion. Public To enable French exporting Exports to EU countries and high- Maximum amount of outstanding loans to €2 reinsurance companies to continue to use income OECD countries are now billion. mechanism for credit insurance to secure eligible. short-term international operations, the public reinsurance mechanism outstanding Cap Francexport will be export credit extended. insurance Aid to very Assistance of up to €3,500 to VSEs, freelancers, micro-traders • Operated since before 1 February 2020 From 1 April, all relevant • The process for small VSEs: and liberal professions • Have not initiated insolvency proceedings before 1 companies will be able to make the financial aid enterprises ‒ Compensation of the March 2020 a simple filing on the tax site to application can (VSEs) and loss of revenue up to • Make less than €1 million in turnover receive aid of up to €1,500. This start now. €1,500 • Have a taxable annual profit of less than €60,000 amount will be tax exempt. • Payment date not independent • Have less than 10 employees ‒ An additional €2,000 for specified. workers the most difficult • Not be part of a group of companies that would From 15 April, companies situations, and additional globally exceed the above thresholds experiencing the highest level of More support may be granted difficulties will be able to obtain, information to avoid bankruptcy on a For the first level of aid: on a case-by-case basis, can be found case-by-case basis • Have been shut down by an administrative order additional aid of €2,000. here In addition, they may request • Experienced a loss of turnover of more than 50% and here. postponement of rent or utility in March 2020 compared to March 2019 (or, for For water, gas and electricity payments. companies created after 1 March 2019, by ratio to bills, companies can send an the average monthly turnover over the period amicable deferral request between the date of the creation of the company without delay by email or and on 1 March 2020) telephone to their supplier. 15
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for applying? How to apply When will the available? finance be available? Aid to very For the additional aid: For the rent of commercial small ‒ Employ at least one employee premises, on 20 March, the enterprises ‒ Be unable to settle one’s debts in 30 days main federations of landlords (VSEs) and ‒ Be denied a (reasonable) cash loan by called their landlord members to their bank for which it applied after 1 suspend rent for the April independent deadline and for the subsequent March 2020 workers periods of cessation of activity imposed by the decree. More information For businesses that are under can be found an order to shut down, the rent here and utility payment deferral and here. measures apply automatically. Special €80 million financed by the More information can be found here. More information can be found here. The process can financing of PIA, managed by Bpifrance, start now. start-ups under shall be allocated to finance the aid for bridges between fundraising. This funding, which can range innovation from €100,000 to €5 million, programme takes the form of CBs, with (PIA), taking possible access to capital, the form of and must be co-financed by convertible private investors. In total, with bonds (CBs), leverage, the French Tech co-financed by Bridge will mobilise €160 private million in equity for French start-ups. partners More information can be found here. 16
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France What help is What does the help entail? Which companies are eligible? What is the criteria (if any) for applying? How to apply When will the available? finance be available? Loans to SME Loans without guarantee, 12 months’ minimum activity On the Bpifrance website or by telephone. The process can without real collateral on the All business sectors, except start now. More assets of the company or its exclusions (SCIs, financial information manager, are: intermediation companies, property ‒ Bounce-back loan, a development and rental companies, can be found loan between €10,000 and agricultural companies with a here. and €300,000, turnover of less than €750,000) subsidised over a period of seven years with two Bounce-back loan: years of deferral SMEs ‒ Asset loan, up to €5 To finance cash requirements linked million for SMEs and €30 to the economic situation million for mid-sized Increase working capital companies, granted over requirements a period of three to five Intangible investments: costs of years with deferred upgrading to standards amortisation (environment, security, etc.), recruitment and prospecting costs, etc. Tangible investments with low pledge value: equipment designed/produced by the company for its own needs (IT equipment, etc.) Asset loan: VSEs, SMEs and Midcaps To finance cash shortage or an exceptional increase in WCR, linked to the economic situation 17
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France Other Financial Support What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Part-time work To prevent firing employees, it is possible for the All companies for the The application must contain: • The employer should inform The response takes 48 hours. employer to reduce the working hours of following employees: • The reasons for changing to and consult with CSE, and More employees. ‒ Full-time and short-term part-time work ask the DIRECCTE. By way information contract • The measures taken to of exception, the opinion of ‒ Apprentices mitigate going to part-time the CSE can be transmitted can be found The employee is paid an indemnity of 84% of its ‒ Part-time workers work within two months of the here. ‒ Temporary workers • The provisional duration and application. net hourly salary or 100% of SMIC. ‒ VRP the number of hours ‒ Homeworkers and requested • Within 30 days of the decision childminders • The number of employees to resort to partial work, the The employee has their work temporarily affected employer must make the suspended, but for benefits and rights, the request here. employee is considered as if working. The employer can benefit from an allocation from the Agence de services et de paiement covering 70% of the gross hourly pay (in practice, 100% of the indemnity to the employee). The maximum period for partial work has been extended to 12 months. Daily • A parent with eligible children may declare that • Employees • One of the two parents of (i) a • Filing the documents online allowance if they are kept at home, entitling them to daily child under the age of 16 on on the social security website. children are to compensation from the first day off. For • Independent workers the day of the start of the For the employee, there has employees, the relevant period does not accrue cessation or (ii) a child with to be an affidavit of the be kept at any paid holiday. disabilities under the age of employer home 18 and taken into the care of (https://declare.ameli.fr/). a specialised establishment. More • For employees, the parent information must not be able to work from can be found home. here. 18
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? Special • The accelerated payment of PIA already • Companies that already • PIA or the aid for innovation assistance to allocated, but not yet paid, for a total estimated benefit from the PIA or the aid plan already. start-ups amount of €250 million, by paying in advance for innovation plan the tranches not yet paid for the project that have already been approved. More information • For companies receiving aid in the form of can be found repayable advances or advances with royalties, here. the next due dates for reimbursements are postponed for up to six months. Postponement • Up to three months’ postponement of the • Companies or independent • For companies, either by • Already in place. of social payment of whole or part of social security workers (but not micro- lowering the bank transfer or security charges due on 15 March or 5 April. entrepreneurs) via the DSN. payment due in • Independent workers, craftsmen, traders and • Automatic for independent March or April liberal professions can ask for (i) additional workers for the payment due postponement and/or (ii) a change of the in March or April and upon More amounts to be paid as a result of the reduction request online with their information in revenue and/or (iii) for social assistance and social security organisation. can be found exceptional financial aid for the payment of their here. social security charges. Postponement • Possibility to request the postponement without • All companies and • Not having paid dividends. • Companies that have already of direct tax penalty of the settlement of their next direct tax independent workers paid their March instalment payments instalments (corporate tax instalment, payroll and no longer have the tax, etc.). possibility of opposing the SEPA direct debit with their online bank, but they can apply for a refund from their SIE. • Independent workers may change the amount of tax payment online on the tax authority’s website or postpone payments up to three months. 19
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) How to apply When will the finance be available? eligible? for applying? available? • It is possible to suspend monthly contracts for the payment of business tax (CFE) or property tax (taxe foncière), either online or by contacting the Service Deduction Centre (Centre Prélèvement Service). The balance will be levied on the yearly deadline, without penalty. Accelerated • Companies that benefit from one or more tax • The company has to file its refund of tax credits refundable in 2020 can request the tax credit and, in the absence credit or VAT reimbursement of the balance of the available of a filing of income statement receivable, after deduction, where applicable, result, indicate the remainder credit from their corporate income tax due for the FY of corporate income tax due. 2019, without having to wait for the filing of their tax return. • Request for reimbursement of VAT credit will be handled more quickly by the tax authorities. Additional • Additional delays can be granted for the • All companies and • Filing of relevant documents postponement payment of taxes and the employer’s share of independent workers with the local Commission for payment of social security contributions. des chefs de services financiers (CCSF). social security • This does not include the employee’s part of charges and social security contribution, nor taxes taxes withholding income tax. More information can be found here. 20
COVID-19: Summary of Government Financial Support to Businesses as at 03 April 2020 France Key Contacts Antoine Adeline Partner, Paris T +33 1 5383 7400 E antoine.adeline@squirepb.com Véronique Collin Partner, Paris T +33 1 5383 7406 E veronique.collin@squirepb.com Stephanie Faber Of Counsel, Paris T +33 1 5383 7400 E stephanie.faber@squirepb.com Jean-François Rage Partner, Paris T +33 1 5383 7581 E jean-francois.rage@squirepb.com 21
COVID-19: Summary of Government Financial Support to Businesses as at 3 April 2020 Germany Financing Facility Support What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the available? eligible? applying? finance be available? Corona Subsidy from the federal government. Available in all economic Applicants must be based in Germany. Application should be done Immediately emergency aid sectors to: electronically. In total, up to €50 billion with maximum The business must have economic for micro- utilisation for 3 million self-employed and ‒ Micro-enterprises difficulties because of COVID-19 and must enterprises micro-enterprises over three + two not have been in economic difficulty before and sole months. ‒ Self-employed persons March 2020. proprietors ‒ Independent professionals Unused budgetary resources will flow Financial difficulties occurring after 11 back into the budget. March 2020. Detailed Subsidies will be: If a landlord reduces rent by at least 20%, a information and business can access the grant for a further ‒ Up to €9,000 paid as a single payment two months. an in-depth FAQ for three months for up to five page be employees (full-time equivalents) To qualify the business should not have any accessed here. other income, collateral or loans available to ‒ Up to €15,000 paid as a single payment it. for three months for up to 10 employees (full-time equivalents) The threat to existence or liquidity bottleneck caused by COVID-19 must be This subsidy takes effect on profits when insured. income or corporation tax is assessed in 2021. Economic The economic stabilisation fund provides: Companies that are Companies must be seated in Germany. By application to the Federal Stabilisation considered: Ministry of Finance, which will ‒ €400 billion in government guarantees Companies must have: decide, in agreement with the Fund for liabilities ‒ Important for Germany as a ‒ Balance sheet total of more than €43 Federal Ministry of Economics business location or for the and Technology. ‒ €100 billion for direct state participation labour market million Detailed ‒ €100 billion for refinancing by KfW ‒ Systemically important ‒ Revenues of more than €50 million information and programme smaller companies an in-depth FAQ ‒ More than 249 employees on an annual Available until the end of 2021 (unless ‒ Companies in the critical average page be extended). accessed here. infrastructure sector The company: ‒ Must not have been in financial difficulty on 31 December 2019 22
COVID-19: Summary of Government Financial Support to Businesses as at 3 April 2020 Germany What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the available? eligible? applying? finance be available? ‒ Must have no other means of financing ‒ Must prove that post-COVID-19 the company will be a clear independent going concern ‒ Must guarantee a sound and prudent business policy, in particular by contributing to the stabilisation of production chains and safeguarding jobs Smaller enterprises outside of this criteria can apply for the fund provided that they are active in one of the sectors listed in Section 55 of the Foreign Trade and Payments Regulation or are of comparable importance for security or the economy. KFW Special Loans for business that have been SME, midsize and large Companies that have been on the market All companies, self-employed Immediately Programme established for more than five years for: companies that have been for more than five years and fulfil the individuals and independent active on the market for at criteria. professionals should contact ‒ Investments least five years. their banks or financing partners ‒ Operating costs who pass on KfW loans. Detailed information can ‒ Warehouse Information on the programmes be found here. can be found on the KfW ‒ Acquisition of assets from other website. companies The KfW hotline for commercial loans is 0800 539 9001. Investment and working capital loans for Companies of all sizes are Companies and self-employed established All companies, self-employed Immediately business that have been established for eligible for the ERP Start-up within the last five years. individuals and independent young companies that have been on the Loan that are experiencing professionals should contact market for less than five years. temporary financing difficulties The company must have been active on the their banks or financing partners due to COVID-19. market for at least three years or can who pass on KfW loans. present two annual financial statements. KFW Special Information on the programmes Programme can be found on the KfW website. The KfW hotline for commercial loans is 0800 539 9001. 23
COVID-19: Summary of Government Financial Support to Businesses as at 3 April 2020 Germany What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the available? eligible? applying? finance be available? Detailed Investment and working capital loans for Companies that have been on Company is active on the market for less All companies, self-employed Immediately information can business for young companies. the market for less than three than three years or is not yet able to present individuals and independent be found here. years. two annual financial statements. professionals should contact The loan amount is based on various their banks or financing partners criteria. The bank or savings bank must bear the full who pass on KfW loans. risk. Information on the programmes can be found on the KfW website. The KfW hotline for commercial loans is 0800 539 9001. Start-ups and company successors, Start-ups Start-up loan granted for: All companies, self-employed Immediately independent professionals can receive up individuals and independent to €100,000 for founders and others. ‒ Setting up a business professionals should contact ‒ Consolidating a young company (up to their banks or financing partners The total funding volume is €2 billion, who pass on KfW loans. including future funding programmes. five years after starting business) ‒ Taking a share in a company as Information on the programmes managing director can be found on the KfW website. ‒ Taking over a business in the context of a business succession ‒ Wanting to run a business as their main occupation or provisionally as a side-line Guarantees Companies can use the guarantee All companies that had This does not apply to companies in Enquiries can be made free of Immediately scheme with their principal banks sustainable business models difficulty before 31 December 2019. charge via the financing portal providing up to €2.5 million. until the crisis. of the guarantee banks for projects up to €2.5 million. The federal government will provide a guarantee of up to €20 million. Applications will be processed by the guarantee banks up to This covers a maximum of 90% of the €2.5 million. Above that, the credit risk. The respective principal bank is German states or the responsible for the remaining 10%. company’s development institution is responsible. 24
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