COVID-19 Summary of Government Financial Support Europe and Middle East - 08 October 2020 - Squire Patton Boggs
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COVID-19 Summary of Government Financial Support Europe and Middle East 08 October 2020 Version 20 squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France 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 finance available? eligible? applying? be available? Exceptional state The state has provided a guarantee • It is available to all legal entities The loan must: • The guarantees will be • The process can start guarantee of €300 of up to €300 billion (in principal, and physical persons having an • Provide a minimum grace period of 12 issued and managed by now. billion for loans to interest and ancillary costs including economic activity and months and an option for the borrower at Bpifrance Financement guarantee fees) for all new loans registered with the SIRENE. It the end of this period to amortise it for an SA on behalf of the businesses granted by credit establishments and is not available, however, to: additional period of up to five years (with government. More information financing entities or via crowdfunding • Businesses subject to possible exceptions for companies with a • In most cases, the can be found here. intermediaries (crowd lending) insolvency proceedings as at large number of employees (5000 or more) guarantee is granted between 16 March 2020 and 31 31 December 2019 (unless a or turnover (greater than 1.5 billion)). automatically, once December 2020. recovery or safeguard plan is in notified to Bpifrance. • Be unsecured (with some exceptions for The guarantee can cover several place prior to the granting of the large companies. • For large companies, loans to the same borrower, in which loan) (i.e. companies case it will enter into force in • Eligibility to the guarantee is subject to the • Credit establishments aggregate loans and other credit facilities employing 5000 chronological order. persons or more or with • Financing entities granted earlier to the borrower not having fallen below their level as of 16 March 2020 a turnover greater than • Real estate civil companies 1.5 billion) a case-by- (with a number of exceptions, in (not taking into account scheduled repayments under such loans/facilities). case review will be particular with respect to real performed by the estate civil companies set up • The guarantee fee payable, which varies Minister of Economy. for development programs or according to the (ultimate) length of the real estate civil companies at loan, the number of employees and the size least 95% owned by real estate of the business: collective investment schemes For businesses (i) employing more than 250 (OPCIs), real estate investment persons or (ii) with a turnover of more than companies (SCPIs), €50 million and a balance sheet greater professional real estate than €43 million: collective investment schemes (OPPCIs) or listed real estate ‒ 0.50% for the first year investment companies (SIICs) ‒ 1% for the two following years • There is a limit to the amount of ‒ 2% for the next three following years the aggregate loans that can be For other businesses (with possible granted, depending on the date exceptions for large companies): of the creation of the borrower (before or after 1 January ‒ 0.25% for the first year 2019): ‒ 0.50% for the two following years ‒ For companies created as ‒ 1% for the next three following years from 2019, the maximum A period of two months must lapse before a amount corresponds to the call under the guarantee (with possible estimated employment costs exceptions when the State guarantee is for the first two years or, if authorised by a decision of the European Commission). squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? more favourable, 25% of The guarantee will only cover part of the their 2019 turnover. loan: ‒ For companies created ‒ 90% for businesses that employ less than before 2019, the maximum 5,000 persons and have a turnover of amount corresponds to 25% less than €1.5 billion of their turnover for the year ‒ 80% for businesses with a turnover 2019 save for specific greater than €1.5 billion but less than €5 businesses: billion ‒ Innovative businesses ‒ 70% for others (with possible exceptions (complying with certain for large companies). criteria) benefit from a maximum, if more favourable, set at twice the amount of employment costs borne in 2019. ‒ For companies registered, at the date of the grant of loan, under a French industry classification (NAF) code and carrying out one of the activities listed in the relevant order (e.g. travel, restaurant, libraries, museums, lodging), the maximum amount corresponds to the three best months of turnover for the year 2019 or of the last available year. ‒ For companies that sell parts intended for the manufacture of aircraft or of major equipment mounted on aircraft, thereby generating at least 15% of their turnover of the last financial year, the 25% threshold is increased by an amount corresponding to the value of 2 years of stock (the higher value between squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? twice the 2019 stock or twice the average of the 2018 and 2019 stocks) ‒ For companies that acquire parts from the companies hereinabove, the 25% threshold is increased by an amount corresponding to the value of the stock they intend to purchase from them until 31 December 2021. • For loans granted to companies with more than 4,999 employees or with a turnover of €1.5 billion or more (both criteria as at 16 March 2020), the decision will be taken on a case-by-case basis.. Exceptional state The state has provided to credit • The assignor must be a legal • The assigned receivables must have arisen • The guarantee is • The scheme is guarantee for institutions and financing companies entity or a natural person acting under confirmed orders automatically granted available since 1st funding operations (sociétés de financement) a in the course of its/ his • The receivables must be assigned no longer after notification to August 2020. guarantee for funding operations by professional activity that is not: than 30 days after the issue of the Bpifrance, subject to its by way of way of assignment of receivables ‒ a credit institution or a corresponding orders being compliant with assignment of entered into between 1 August 2020 the criteria hereof (non receivables - financing company (société • The funding operations must be free from and 31 December 2020. The ceiling de financement) exhaustive). Factoring of the guarantee equals to: any other security interests than the state ‒ subject to an insolvency guarantee • If the funding exceeds ‒ 12 months of cash flow needs if proceedings (en liquidation €300 million, the the company has more than 250 • The anticipated deadline of such funding assignee shall send judiciaire ou en période operations cannot be later than 30 June employees or has a turnover d’observation d’une the project of the exceeding €50 million and a 2021 and cannot be later than 60 days after factoring agreement to sauvegarde ou the latest of the dates initially planned for balance sheet total exceeding €43 redressement judiciaire) as the Treasury (Trésor) at million the issue of the invoices relating to the least 5 days before at 31 December 2019 assigned receivables (provided such date is ‒ 18 months of cash flow needs signing. • The assignee must be a credit known by the assignee). otherwise institution or a financing • The guarantee shall be called no later than company (société de 30 September 2021 financement) • The guarantee fee payable, which varies according to the (ultimate) length of the funding operation, the number of employees and the size of the business: squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? ‒ For businesses (i) employing more than 250 persons or (ii) with a turnover of more than €50 million and a balance sheet greater than €43 million: ‒ 0.50% ‒ For other businesses: ‒ 0.25% • 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. State equity loans Until 31 December 2020, the State is • It is available to very small size • Equity loans provide for a grace period of 12 • By application to the • The process can start (prêts participatifs) entitled to grant equity loans (prêts entities and small size entities months and must be repaid within 7 years at CODEFI (departmental now. for very small and participatifs) to very small and small (less than 50 employees) the latest. committee for the enterprises which have not having an economic activity • The rate of interest applicable to equity examination of small enterprises benefitted from a State guaranteed and registered with the SIRENE loans is 3.5% per annum business financing loan or for which the amount of such which: problems). loan was insufficient. ‒ Are directly and fully owned • Equity loans will be by one or several physical granted and managed persons; by Bpifrance ‒ Have been refused a State- Financement SA on guaranteed loan (including behalf of the State. after a mediation process); ‒ Evidence real prospects for operational recovery; or ‒ Are up to date with their social security and tax obligations or as relevant have obtained a tax and social security liabilities clearance plan. • It is not available, however, to: • Businesses subject to insolvency proceedings as at squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? 31 December 2019 (unless a recovery or safeguard plan is in place prior to the granting of the loan); • Real estate civil companies; or • Companies active the fisheries or aquaculture sector or in the primary production of agricultural products. • The amount of the equity loan varies according to the number of employees: • €10,000 for enterprises with less 10 employees; or • €50,000 for enterprises with less than 50 employees Repayable advances Until 31 December 2020, the State is • Small-size entities, medium- Subsidised loans may be used only to By application to the • The process can start and subsidised entitled to grant repayable advances size entities and intermediate- finance investments and working capital CODEFI (departmental now. loans to small and and subsidised loans for an sized companies (ETIs) requirements. committee for the medium enterprises aggregate amount of €500 million to between 10 and 4999 Repayable advances must be repaid within examination of SMEs which have not benefited from employees and a turnover not 10 years at the latest and the maximum business financing (SMEs) a State-guaranteed loan or for which exceeding €1.5 billion or a problems). The grace period is 3 years. the amount of such loan was balance sheet not exceeding €2 decision will be taken insufficient. billion) which: Subsidised loans must be repaid within 6 on a case-by-case years at the latest and the maximum grace basis by the Minister of The financial support will be in the ‒ have been refused a period is 12 months. form of a repayable advance if the State-guaranteed loan Economy, after amount is equal to €800,000 or less (including after a mediation • The rate of interest applicable to repayable obtaining the opinion of and a subsidised loan if the amount process) advances is 1% per annum. The rate of the CODEFI. is greater than €800,000 or if the interest applicable to subsidised loans The repayable ‒ evidence real prospects for loan is granted in addition to an varies according to the (ultimate) length of advances and operational recovery existing State-guaranteed loan. the loan: subsidised loans will be ‒ were not subject to granted and managed ‒ 1,5% p.a. for loans for 3-year loans insolvency proceedings as at by Bpifrance 31 December 2019 (unless a ‒ 1,75% p.a. for loans for 4-year loans Financement SA on recovery or safeguard plan is ‒ 2% p.a. for loans for 5-year loans behalf of the State. in place prior to the granting ‒ 2,25% p.a. for loans for 6-year loans of the loan) • There is a limit to the amount of the financial support that can be granted, depending on the squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? date of the creation of the borrower (before or after 1 January 2019): ‒ For companies created before 2019, the maximum amount corresponds to 25% of their turnover for the year 2019. Innovative businesses (complying with certain criteria) benefit from a maximum, if more favourable, set at twice the amount of employment costs borne in 2019 ‒ For companies created from 2019 onwards, the maximum amount corresponds to the estimated employment costs for the first two years Public reinsurance Government support of credit Small-size entities and • Only applies until 31 December 2020. of insurance cover insurance to protect inter-company medium-size entities credit. The Caisse centrale de réassurance will implement a reinsurance mechanism up to an amount of €10 billion. Public reinsurance To enable French exporting Exports to EU countries and Maximum amount of scheme is €5 billion. mechanism for companies to continue to use credit high-income OECD countries short-term insurance to secure international are now eligible. outstanding export operations, the public reinsurance mechanism Cap Francexport will be credit insurance extended. Aid to very small Payment by a solidarity fund – First VSEs, freelancers, micro- Operated since before 1 February 2020. From 1 April, all • The process for the enterprises (VSEs) level aid: Compensation of the loss traders and liberal professions. Have not initiated insolvency proceedings relevant companies will financial aid and independent of revenue up to €1,500 for March before 1 March 2020. be able to make a application can start and April 2020 simple filing on the tax now. workers funds Make less than €1 million in turnover. Additional aid between €2,000 and site to receive aid of up • Payment date not More information Have a taxable annual profit of less than to €1,500. This amount specified. £5,000 for the most difficult can be found here, situations, and additional support €60,000. will be tax exempt. here and here. may be granted to avoid bankruptcy Have less than 10 employees. From 15 April, on a case-by-case basis. companies squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? Not be part of a group of companies that experiencing the would globally exceed the above thresholds. highest level of For the first level of aid: difficulties will be able to obtain, on a case-by- Have been shut down by an administrative case basis, additional order. aid of €2,000. Have experienced a loss of turnover in For water, gas and March 2020 compared to 2019: (i) for electricity bills, companies created before 1 March 2019 the companies can send an comparison is made with March 2019; (ii) amicable deferral for companies created after 1 March 2019, request without delay the comparison is with the average monthly by email or telephone turnover over the period between the date to their supplier. of the creation of the company and 1 March 2020; and (iii) for entrepreneurs who have benefitted from sick or maternity leave in March 2019 the comparison is made with the average turnover between 1 April 2019 and 29 February 2020. Have experienced a loss of turnover in April 2020: (i) for companies existing before 1 March 2019 the comparison is made, at the choice of the company, with the turnover of April 2019 or the average turnover for the year 2019; and (ii) for companies created after 1 March 2019 comparison is by ratio to the average monthly turnover over the period between the date of the creation of the company and on 1 March 2020). For the additional aid: ‒ Employ at least one employee ‒ Be unable to settle one's debts in 30 days and the amount of their fixed charges, including commercial or professional rents, due for the months of March and April 2020; ‒ Be denied a (reasonable) cash loan by their bank for which it applied after 1 March 2020. Aid to very small Deferred payment of water, gas and Businesses and self-employed See previous column. Businesses • Already effective. enterprises (VSEs) electricity bills. The deferred individuals satisfying the encountering difficulties payments will be spread evenly solidarity fund eligibility paying their water, gas squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? and independent across the payment due dates for conditions (see the previous and electricity bills can workers bills issued after the last day of the point). immediately email or month following the date of the end Businesses continuing to phone their water, gas More information of the state of health emergency. and electricity suppliers can be found here operate through insolvency, Payments will be spread over a court-ordered recovery or to request an amicable and here. minimum period of six months. liquidation proceedings, deferral of payment. With respect to commercial rent ; following receipt of a certificate Businesses confirm that prohibition to apply of financial from one of the receivers they satisfy the penalties, damages, execution of an appointed by the court that eligibility conditions avoidance clause or penalty clause, initiated the proceedings. when they make the or activation of guarantees or deferral request. deposits for failure to pay rent or For the rent of related service charges on these commercial premises, professional and commercial on 20 March, the main premises. This prohibition applies to federations of landlords rent and service charges due for called their landlord payment from 12 March 2020 to two members to suspend months after the date of the end of rent for the April the state of health emergency. deadline and for the subsequent periods of cessation of activity imposed by the decree. With respect to retail outlets in shopping centres, the National Council of Shopping Centres (CNCC) has already asked its landlord members to make rent and service charges invoiced for the second quarter payable monthly and to temporarily suspend payment due on rent and service charges for the month of April. The same commitment is expected from banks and insurance companies that own business premises used by SMEs. The members of the French squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? Insurance Federation (FFA), in particular, have committed to defer the payment of rent for SMEs and VSBs in sectors where business has been interrupted in accordance with the order of 15 March 2020. There is no commitment from private landlords. Aid in the catering, The payments by the solidarity fund For the solidarity fund business For exemption of social security For the exemption of Announced on 24 April tourism, events, (see above) are maintained after in catering, tourism, events, contribution. It will automatically apply to social security and 14 May. sport and culture May 2020 and the second aid may sport and culture sectors with VSE and SME businesses, whether or not contributions for SME Implementing decree sectors be up to €10,000. up to 20 employees and €2 they have already paid their dues. and VSE. It will pending. An exemption from social security million in turnover. In addition, intermediate-sized companies automatically apply to More information all of these businesses, contributions during the mandatory For the exemption of social (ETIs) and large companies in these sectors can be found here. closure period, from March to June security contributions VSE and which do not benefit from automatic whether or not they or any longer time imposed by the SME. exemption will be able to obtain long have already paid their regulation. Or deferred payment and spreads of deferred social and tax charges dues. For long spreads of deferred debt cancellation. social and tax charges and, on a case-by-case basis, request debt For, ETIs and large In addition to the employers' payments of social security cancellations according to their financial companies to be contribution exemptions set out contribution or debt situation. requested on a case- above, there will be a contribution cancellation: intermediate-sized Eligibility can be assessed on a dedicated by-case basis, credit equal to 20% of the wages companies (ETIs) and large one stop shop platform https://www.plan- depending on their paid since February. This companies. tourisme.fr/ financial situation. contribution credit will be chargeable For cancellation of rent: VSEs on all the contributions due by the and SMEs. company and will support the resumption of activity. Eligibility can be assessed on a dedicated one stop shop Possible postponement on the CFE platform https://www.plan- tax. tourisme.fr/ Exceptional state guarantee for loans will be put in place its conditions will be more favourable than the guarantee set out above with higher ceiling, the ceiling "Seasonal EMP" will be extended to the best 3 months of 2019. squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? Cancellation of rent and fees for occupying the public domain due to national lessors (State and operators) during the closure period. Possible tax reduction on tourist tax by local authorities. Businesses will be able to continue to benefit from Partial activity (see below) until the end of 2020 at the conditions that prevailed during the confinement period. They may continue to benefit from the new terms and conditions into 2021. With respect to meal vouchers provided by employers to their employees, the ceiling will be increase to €138 (instead of 19) and they can be used on weekends in restaurants until the end of 2020. Aid in the catering, Increase of the financial capacity of VSE SME and Medium sized As regards the loan for tourism, the Apply online Partly effective and tourism, wellbeing loan for tourism (Pret tourisme) by company in the catering, investment must be co-financed at 50% by https://mon.bpifrance.fr/ covering a period events, sport and the Bpifrance (increased globally to tourism, wellbeing events, sport other means either by contribution of the authentication/?TAM_O until 2023. culture sectors €1 billion) to finance assets , and culture sectors. shareholders or a bank loan of at least 2 P=login&ERROR_COD renovation, transfer of business or Excluded companies are those years or crowdfunding E=0x00000000&URL= Increased financial cash flow and working capital for an %2Fmon- that are insolvent or under an Eligibility can be assessed on a dedicated capacity for loans amount between €50,000 and €2 insolvency procedure. one stop shop platform https://www.plan- espace%2F#/formulaire and equity funding million with a deferred tourisme.fr/ /hotellerie reimbursement of up to 24 months Excluded transaction : purely more information and by maturity up to 10 years. financial transaction such as here and here. cash out etc. Short term urgency loans ("fonds d'urgence") financed by regional and Some the loan and investments authorities with a co-financing by the are industry specific (e.g. Banque des territoires for overseas tourism, or restaurants ) or territories and Corsica local. Loans by Caisse des Dépots Eligibility can be assessed on a (globally €500 millions) and long dedicated one stop shop term loans by the Banque des platform https://www.plan- territoires (globally €500 millions) to tourisme.fr/ complement bank loans with a view to repositioning the industry. squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? Equity investments by Bpifrance and Banque des territoires. Aid to traders Exceptional financial assistance. All traders and craftsmen that All traders and craftsmen that are active as This aid will be paid Already effective. (commerçants) and The aid will correspond to the are active as of 15 March 2020 of 15 March 2020 and were registered automatically by the craftsmen amount of additional retirement and were registered before before January 1, 2019. URSSAF and will not (artisans) : funds contributions paid by traders and January 1, 2019. require any action from craftsmen on the basis of their 2018 the self-employed income and may go up to € 1,250. workers concerned. The amount of this aid will also be exempt from income tax, as well as social security contributions. This exceptional aid is in addition to all the measures taken in favour of the self-employed by the government since the start of the crisis. Special financing of €80 million financed by the PIA, More information can be found More information can be found here. The guarantees will be Already effective. start-ups under the managed by Bpifrance, shall be here. issued and managed by aid for innovation allocated to finance bridges between Bpifrance Financement programme (PIA), fundraising. This funding, which can SA on behalf of the range from €100,000 to €5 million, government taking the form of takes the form of CBs, with possible convertible bonds access to capital, and must be co- (CBs), co-financed financed by private investors. In by private partners total, with leverage, the French Tech More information Bridge will mobilise €160 million in equity for French start-ups. can be found here. Special aid to The "PGE Support Innovation" is Innovative start-ups, SMEs, Initially for companies that classified as The guarantees will be Already effective. innovation innovation-specific loan backed by mid-caps "innovative" with less than 5,000 employees issued and managed by companies: State the State guarantee, finances: The and young innovative and achieving a turnover of less than 1.5 Bpifrance Financement guaranteed for loans amount of the loan granted until 31 businesses. billion euros in France if: over the past 5 SA on behalf of the December, 2020 inclusive is limited years, it has one of the following: government. to business. More to one or other of the following information can be ‒ received public support for innovation, in criteria: particular individual aid from Bpifrance, found here. ‒ 25% of 2019 net sales, or of the the list of which is fixed by decree of the last financial year ended; or Minister for the Economy; 2 times the amount payroll in France, ‒ raised funds from French or foreign excluding employer contributions for investors specializing in innovative 2019 or the last available year. For companies (seed funds, venture capital companies created since January 1, funds, growth capital funds, etc.), or 2019: France's estimated payroll ‒ was accompanied by an incubator squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? over the first two years of activity, Since 8 May this also applies to young excluding employer contributions innovative business that are: SMEs; less than 8 years old; independent and make R&D expenses up to a minimum of 15% of the tax deductible expenses for 2020 financial year. Business have to experience economic difficulties linked to the health crisis. Loans to SME Loans without guarantee, without • 12 months' minimum activity. On the Bpifrance website or by telephone. The process can start real collateral on the assets of the • All business sectors, except now. More information company or its manager, are: exclusions (SCIs, financial can be found here. ‒ Prêt Rebond (bounce-back loan), intermediation companies, a loan between €10,000 and property development and €300,000, subsidised over a rental companies, and period of seven years with two agricultural companies with a years of deferral turnover of less than €750,000). ‒ Prêt Atout (asset loan), up to €5 • Prêt Rebond:SMEs million for SMEs and €30 million • To finance cash requirements for mid-sized companies, granted linked to the economic situation over a period of three to five years with deferred amortisation • Increase working capital requirements From 24 March 2020, suspension of the payment of loan maturities • Intangible investments: costs of granted by Bpifrance, for a period of upgrading to standards six months; (environment, security, etc.), recruitment and prospecting For Bpifrance customers, costs, etc. mobilisation of all invoices and • Tangible investments with low granting of a cash credit pledge value: equipment representing 30% of the volumes designed/produced by the mobilised. company for its own needs (IT equipment, etc.) • Prêt Atout:VSEs, SMEs and Midcaps • To finance cash shortage or an exceptional increase in WCR, linked to the economic situation Other Financial Support squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? Partial activity To prevent firing employees, it is All companies for the following The application must contain: • The employer should The response takes (French version of possible for the employer to reduce employees: The reasons for changing to part-time work inform and consult with 48 hours. furlough) the working hours of employees. ‒ Full-time and short-term (notably reduction in business, full or partial CSE, and ask the For the hours not worked, the contract shutdown or impossibility to organise social DIRECCTE. By way of More information exception, the opinion employee is paid an indemnity of ‒ Apprentices distancing). can be found here. of the CSE can be 84% of its net hourly salary (or 100% The measures taken to mitigate going to of SMIC) by the employer. The ‒ Part-time workers transmitted within two part-time work months of the indemnity is exempted from social ‒ Temporary workers security contribution except GSG The provisional duration and the number of application. ‒ VRP hours requested Contractual hours that and CDRS (or when the latter do not • Within 30 days of the apply a sickness contribution). ‒ Homeworkers and exceed the 35 hour week will now be decision to resort to childminders indemnified in cases of partial activity. Until partial work, the The employer may decide to pay a now, indemnification could cover hours ‒ Employees under a lump sum employer must make higher indemnity, but starting from below 35 hours/week only. agreement. the request here. 1 May 2020 where part of the gross remuneration exceeds €4,849.17 It does not apply to employees The number of employees affected • For employers not (i.e. 70% of four times the minimum that are expatriates outside of Until 25 April 2020, partial activity was established in France statutory salary, SMIC) this is now France, except where they are supposed to cover a whole service or the relevant URSSAF subject to social security prevented from returning to department. Since 25 April, it is possible to is that of Alsace: contributions as normal salary. France or employees that are place one individual only in partial activity or Centre national firmes seconded in France. to implement it on a collective basis, but étrangères (CNFE). The employee has their work temporarily suspended, but for It does apply to the employees with a non-uniform distribution of hours benefits and rights, the employee is where their employer, a foreign (subject to a company's agreement or a considered as if working. company, has no establishment favourable opinion of the CSE in the in France provided that (i) the absence of unions). The employer can benefit from an allocation from the Agence de employee is registered under Senior executives (cadres dirigeants) may services et de paiement (ASP). the French social security be placed in partial activity from 25 April From 1 June 2020 the allocation has system and has a legal 2020, but only in the event of temporary been lowered to 85% of the employment contract private closure. A decree shall bring more details indemnity paid to the employee, the with the foreign company; and on financial cover. (ii) the employer, a foreign employer will be reimbursed 60% of As of 1st May 2020, parents forced to stay gross salary, instead of 70% company, is subject to social at home to look after their children are previously (still within the above contributions and contributions deemed vulnerable because of their state of ceiling of 4.5 times the SMIC) except and unemployment insurance health, as well as people living with them, for industry sectors which activity is obligations under legislation and are switched to a partial activity restricted by the regulation (e.g. scheme. catering, tourism and culture sectors) that still benefit from 100% allocation. The portion of contractual hours that exceed the 35 hour week will now be indemnified in cases of partial activity. Until now, indemnification squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? could cover hours below 35 hours/week only. The maximum period for partial work has been extended to 12 months. The annual quota of compensable hours has been set at 1,607 hours. Assistance to Possibility to resume mutual All. employers: End of terminations or collective the freeze on redundancy procedures which had termination and been frozen from 12 March until 25 April 2020. redundancies Assistance to Unoccupied employees who so wish This system requires employers; can be transferred temporarily to a the agreement, each employee sharing company faced with a shortage of time, of the employee staff. The employee then keeps his concerned and of the employment contract and 100% of two companies. his usual salary, paid by his original Simplified models of employer. The company that the provision temporarily receives him reimburses agreement between this salary to the original company. companies and of the addendum to the employee's employment contract are available on the website of the Ministry of Labour. Assistance to Exempt from social security The lump sum allowance would be exempt employers contribution, communications from social security contributions up to: allowances paid to employees. ‒ €10/month for one day of home-working every week ‒ €20/month for two days of home-working every week ‒ €30/month for three days of home- working every week ‒ €40/month for four days of home-working every week ‒ €50/month for five days of home-working every week. When the amount paid by the employer exceeds these limits, exemption from social squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? security contributions may be allowed, provided that the employee can prove the reality of the professional expenses incurred. Daily allowance if • A parent with an eligible children • Employees. • One of the two parents of (i) a child under • Filing the documents children are to be may declare that they are kept at • Independent workers. the age of 16 on the day of the start of the online on the social kept at home home, entitling them to daily cessation or (ii) a child with disabilities security website. For compensation from the first day off. under the age of 18 and taken into the care the employee, there More information For employees, the relevant period of a specialised establishment. has to be an affidavit of can be found here. does not accrue any paid holiday. • For employees, the parent must not be able the employer • As of 1 May 2020, and regardless to work from home. (https://declare.ameli.fr/). the starting date of the sick leave, employees who were on exceptional sick leave for reasons of "vulnerability" or "cohabitation with a vulnerable person" or "care of children under the age of 16" will automatically switch on the partial activity scheme. Special assistance to • The accelerated payment of PIA • Companies that already benefit • PIA or the aid for innovation plan already. start-ups already allocated, but not yet paid, from the PIA or the aid for for a total estimated amount of €250 innovation plan. million, by paying in advance the More information tranches not yet paid for the project can be found here. that have already been approved. • For companies receiving aid in the form of repayable advances or advances with royalties, the next due dates for reimbursements are postponed for up to six months. Postponement of • Up to three months' postponement • Companies or independent • For companies, either Already in place. social security of the payment of whole or part of workers (but not micro- by lowering the bank payment due in social security charges due on 15 entrepreneurs). transfer or via the DSN. March, April or May March, 5 April or 15 May 2020. • Automatic for • Independent workers, craftsmen, independent workers More information traders and liberal professions can for the payment due in can be found here. ask for (i) additional postponement March or April and May and/or (ii) a change of the amounts and upon request to be paid as a result of the online with their social reduction in revenue and/or (iii) for security organisation. social assistance and exceptional squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? financial aid for the payment of their social security charges. Postponement of • Possibility to request the • All companies and independent • Not having paid dividends. • Companies that have direct tax payments postponement without penalty of the workers. already paid their settlement of their next direct tax March instalment and instalments (corporate tax no longer have the instalment, payroll 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. • 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. squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France What help is What does the help entail? Which companies are What is the criteria (if any) for How to apply When will the finance available? eligible? applying? be available? Special aid on cash • The internal consumption tax on flow for road energy products (TICPE), currently transport companies reimbursed to operators of road freight transport every six months, will be reimbursed quarterly instead. • The next instalment of the road vehicle tax (TSVR) 2020, which had to be paid no later than 1 September 1, now has until 1 December 2020 to pay. Accelerated refund • Companies that benefit from one or • The company has to of tax credit or VAT more tax credits refundable in 2020 file its tax credit and, in credit can request the reimbursement of the absence of a filing the balance of the available of income statement receivable, after deduction, where result, indicate the applicable, from their corporate remainder of corporate income tax due for the FY 2019, income tax due. 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 • All companies and independent • Filing of relevant postponement for the payment of taxes and the workers. documents with the payment of social employer's share of social security local Commission des contributions. chefs de services security charges and • This does not include the financiers (CCSF). taxes employee's part of social security More information contribution, nor taxes withholding can be found here. income tax. Credit mediation • Credit mediators of the Banque de • All companies and businesses. One can refer to the mediator through filling in France and the instituts d'émission a form and providing documentation. More information en Outre-mer (for overseas can be found here territories) assist companies in negotiation of new schedules for repayment of loans. squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France Key Contacts Antoine Adeline Philippe de Saint-Bauzel Partner, Paris Partner, Paris T +33 1 5383 7400 T +33 1 5383 7408 E antoine.adeline@squirepb.com philippe.desaint-bauzel@squirepb.com Véronique Collin Jean-François Rage Partner, Paris Partner, Paris T +33 1 5383 7406 T +33 1 5383 7581 E veronique.collin@squirepb.com E jean-francois.rage@squirepb.com Stephanie Faber Of Counsel, Paris T +33 1 5383 7400 E stephanie.faber@squirepb.com squirepattonboggs.com 014-5096-7924/1/EUROPE
COVID-19: Summary of Government Financial Support to Businesses as at 29 September 2020 France Local Connections Global Influence squirepattonboggs.com squirepattonboggs.com
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