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The Polish Sejm passed a law providing a “lifebelt” to companies which face difficulties

View of the Polish Sejm
  • PLN 120 million will be dedicated to the relief funds annually for the period of 10 years,
  • entrepreneurs will also be able to apply for a tax exemption for restructuring some of their public and legal obligations with a total estimated value of PLN 50 million annually - these solutions are included in the so-called “New Opportunity Policy” Act drafted by the Ministry of Development which was passed by the Sejm. 
  • The Act on granting public aid in order to provide help and restructure entrepreneurs constitutes another component of the Anti-Crisis Shield. 
  • After the works in the Sejm, the Act limits the remuneration of the management of each company that benefits from the state aid to 400 % of the average monthly salary

– The Act which was just passed by the Sejm constitutes a part of the government's New Opportunity Policy programme. These include another set of solutions we have prepared in recent months, aiming to protect jobs and to aid businesses in order to help them continue their operations - says Deputy Prime Minister Jadwiga Emilewicz.   

The Deputy Minister of Development Krzysztof Mazur explains: – We have prepared support instruments, which are going to help entrepreneurs who experience difficulties to maintain financial liquidity for the time required to prepare corrective measures and allow to finance them under the restructuring plan. The assistance to companies included in the Act will be provided on a long-term basis.  

Who can apply for the aid? 

The companies which will be eligible for aid under the Act include entrepreneurs who experience difficulties, who undergo bankruptcy proceedings or face the threat of liquidation. The assistance may only be used for restructuring measures or to provide financial liquidity in connection with the planned restructuring. The assistance will cover SMEs as well as large enterprises. The obligations of entrepreneurs applying for help, as well as the application for support are as simple as possible.

What goals will the aid be granted for?

The aid will be provided for rescuing, temporary restructuring support and restructuring. In essence, the assistance will be provided in the form of loans.

In what form will the aid be provided? 

Short-term loans (rescue aid)

The amount of each loan will depend on the individual situation of an entrepreneur. The rescue aid loans will be granted for 6 months. In the event that the period or amount of such loan shall prove to be insufficient, an SME entrepreneur will be eligible to lodge an application for an additional loan from the pool of temporary restructuring support and thus extend the repayment period to 18 months. Large entrepreneurs however are also going to be eligible for additional assistance or to extend the repayment period of a loan under restructuring aid. The aim of this form of assistance is to ensure the financial liquidity for the time required to develop a restructuring plan or to carry out an efficient liquidation. If the situation of the entrepreneur improves enough to allow him or her to continue their operations instead of restructuring or liquidating, the entrepreneur should file a declaration and return the loan.

Temporary restructuring support granted for up to 18 months.

Similarly to rescue loans - the aid amount will be assessed on the basis of individual situation of each entrepreneur. The aid will be provided as a continuation of the rescue aid - in such case it is going to take the form of an additional loan or a separate instrument. The temporary support will cover entrepreneurs who are able to carry out restructuring on their own but require financial liquidity assistance to ensure that the process is carried out effectively. This form of assistance may be utilised by micro, small and medium-sized enterprises under the aid scheme approved by the EC.

Restructuring aid 

The restructuring aid is intended for entrepreneurs who are unable to carry out the restructuring on their own, but have developed a plan - the costs of which may be financed as part of the aid for providing assistance or temporary restructuring support.
The logic of the support proposed in the Support Act is as follows. After identifying issues related to maintaining financial liquidity, the entrepreneur will have the right to apply for a short-term loan as rescue aid. In the event that the situation shall prove to be more serious and the loan is insufficient - the entrepreneur will have the right to apply for another loan. It is going to be granted as temporary restructuring aid in the case of SME entrepreneurs. And next - if the assistance proved insufficient - for restructuring aid. With regards to large businesses, the path to obtain assistance will be similar, however it will not include the assistance granted as part of the temporary restructuring support. A large entrepreneur will also be able to apply for additional aid or an extension of the loan repayment deadline under the restructuring aid. The Industrial Development Agency will be operator of the assistance offered under the Act on granting state aid for rescuing and restructuring entrepreneurs. The rules for aiding are based on the Commission guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014/C 249/01). 

New Opportunity Policy

The New Opportunity Policy which includes the new act offers aid to entrepreneurs precisely tailored to match the situation of an entrepreneur. These solutions include:  

  1. insolvency prevention, which consists in promoting a strategic approach to company management, utilising various types of early warning instruments against possible crisis situations within the company,
  2. creating a legal basis for financial support for the rescue or restructuring of a promising company facing a crisis,
  3. creating legal solutions enabling a quick and inexpensive bankruptcy procedure for an enterprise that has no real chance of effective restructuring,
  4. advisory, informational, psychological support for entrepreneurs planning to restart their business activity on the basis of acquired experience (failure). 
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