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Law On State Assistance To Develop Business

Original Language Title: Laki valtionavustuksesta yritystoiminnan kehittämiseksi

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Law on State aid for business development

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The aim of this law is to promote economic growth, employment and other economic policy objectives by awarding grants, in particular for the start-up, growth and development of small and medium-sized enterprises.

The award of grants shall take into account the objectives of the European Union and of national regional and structural policy. Consideration of competition concerns is provided by the State Aid Act (688/2001) Paragraph 1 (4).

Grants will be targeted at a high level of enterprise-friendly projects, with a view to improving the long-term competitiveness of businesses and the regeneration of businesses.

ARTICLE 2
Scope

This law lays down the criteria for the granting of aid for the development of an enterprise and for the development of a business environment in other parts of Finland other than the province of Åland.

Assistance under this Law shall apply to the provisions of the law on the financing of the development of the regions and of the Structural Funds (8/2014) Provides.

In addition, the grants provided for in this Act shall be subject to the provisions of the State Aid Act, unless otherwise specified below.

ARTICLE 3
Appropriations

Grants may be awarded to a maximum of the maximum amount approved in the State budget. A necessary appropriation is entered in the State budget for the payment of grants.

Grants under this law may be used to co-finance European Union structural funds. This law also applies to the resources of the Structural Funds, subject to European Union law.

§ 4
Definitions

For the purposes of this law:

(1) Small enterprise An undertaking that meets the definition of a small company or a corresponding definition of a small company as defined in Commission Recommendation 2003 /361/EC concerning the definition of micro, small and medium-sized enterprises;

(2) Medium enterprise An undertaking which meets the definition of a medium-sized enterprise as defined in the recommendation referred to in paragraph 1 or a corresponding definition replacing that recommendation;

(3) Large undertaking Any undertaking other than that referred to in paragraphs 1 or 2;

(4) By material investment The purchase of land, buildings, machinery, equipment and equipment, and long-term rental of machinery and equipment;

(5) Intangible investment The acquisition of patent rights, licences, know-how and unpatented technical knowledge relating to the transfer of technology;

(6) Investment, Tangible and intangible investment;

(7) Development measure The development of business knowledge, internationalisation, products, services and production methods, project preparation and other significant development of business activities.

§ 5
Authorities

The business, transport and environmental centres dealing with issues relating to grants under this Law.

Chapter 2

Forms of grants

Company development grant
ARTICLE 6
Grants of grants

Company development assistance shall be granted only to small and medium-sized enterprises (SMEs), unless otherwise specified below.

Aid cannot be granted for fisheries, agriculture or forestry. Nor can it be granted for the processing and marketing of agricultural products.

The allocation of grants shall also take into account the sectoral constraints of the European Union.

§ 7
Funcised operation

The company's development assistance may be granted for tangible and intangible investments and for development measures.

§ 8
Conditions for granting aid

Grants may be awarded if:

(1) the undertaking is assessed to be in a position to engage in continuous profitable activity;

(2) the assistance is estimated to have a significant impact on the implementation of the project; and

3) it is estimated that the project is significant for the development of the company's activities.

§ 9
Granting of grants to a large undertaking

A company development grant may be awarded to a large company under Article 7 for an investment carried out under the Law on the development of the regions and the management of the Structural Funds (2011) In accordance with I or II.

ARTICLE 10
More detailed provisions

The decree of the Council of State may provide more detailed provisions on the conditions for granting the enterprise's development assistance, eligible expenditure and aid levels, as well as the sum of the company's development grant and other State aid. Maximum amounts.

Business environment development grant
ARTICLE 11
Grants of grants

Undertakings for the development of a business environment may be awarded to non-profit-making public and private bodies and foundations for projects aimed at the business environment or business Improving conditions for development.

ARTICLE 12
Funcised operation

The business environment development assistance may be granted for studies necessary for business purposes, the development of the services needed by companies, the promotion of cooperation between undertakings and other business environments, and Projects to improve the conditions of development.

ARTICLE 13
Conditions for granting aid

A prerequisite for the grant of a business development grant is that the project is expected to make a significant contribution to the start-up, growth or development of small and medium-sized enterprises in the region. In addition, it is expected that the aid will have a significant impact on the implementation of the project and that the beneficiary of the grant is expected to have sufficient financial and other conditions to carry out the project and the nature of the project in order to: The continuity of operations after the project has been completed.

ARTICLE 14
More detailed provisions

The decree of the Council of State may provide for more detailed provisions on the conditions for granting a grant for the development of the business environment and on eligible expenditure and aid levels.

Chapter 3

Application, grant and payment of grants

§ 15
Application for assistance

The grant is requested by electronic means for the purposes of the network. The grant may also be applied by means of a form delivered to the Centre for Enterprise, Transport and the Environment.

Applications must be submitted before the start of the project.

More detailed provisions on the application of the grant may be adopted by a Council Regulation.

ARTICLE 16
Grant decision

The assistance shall be decided by the Centre for Enterprise, Transport and the Environment.

In addition to what is laid down in this Act and by virtue of this law, the beneficiary of a grant must comply with the conditions and limits laid down in the grant decision.

More detailed provisions on the conclusion of a grant decision may be adopted by a Council regulation.

§ 17
Payment of the grant

The payment of the grant is requested by electronic means at the network service. It may also be applied by means of a form delivered to the Centre for Business, Transport and the Environment.

The Centre shall pay the grant retroactively on the basis of actual expenditure, on the basis of the more specific conditions set out in the decision granting the grant and the eligible report. The grant may also be paid in accordance with the cost model set out in the decision. An advance may be paid in advance if it is justified in terms of the use of the grant and appropriate to the control of its use.

More detailed provisions on the payment of the grant may be laid down by a Council regulation.

ARTICLE 18
Abort of payment

The Centre for Food, Transport and the Environment may decide to suspend the payment of the grant as provided for in Article 19 of the State Aid Act.

Chapter 4

Use and control of grants

§ 19
Use of grants

The grant may be used only for the purpose of the grant decision.

Small and medium-sized enterprises (SMEs) must spend three years and five years on the disbursement of the last instalment of the grant awarded by the beneficiaries of the grant. For a specific reason, the granting of a grant to the Centre for Business, Transport and the Environment may be fixed for a maximum period of 10 years.

§ 20
Control

The Ministry of Employment and the Economy is supervised by the Ministry of Employment, Transport and Environmental Centres. Inspections may be used to assist other authorities or external auditors. The use of grants is supervised by the Ministry of Employment and the Economy, Transport and Environmental Centres, which are able to use other authorities or external auditors to carry out inspections.

The external auditor shall be in the auditing law (17/01/2015) Referred to as an auditor. The audit firm shall appoint a responsible auditor for the audit. (18/09/1221)

L to 1221/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

The external auditor shall be an auditor (JHTT auditor) approved by the Board of Auditors of the Public Administration and Economic Accounts (JHTT) or an audit firm (JHTT Community), an accountant approved by the Central Chamber of Commerce (KHT auditor). Or an audit firm (KHT Community) or an audit firm approved by the Chamber of Commerce (HTM) or an audit firm (HTM Community). The audit firm shall appoint a responsible auditor for the audit.

The statutory auditor shall be subject to the provisions relating to criminal liability in the performance of his duties. Liability for damages is governed by the law on damages (1999) .

ARTICLE 21
Right of access

The Ministry of Employment and the Economy and the Centre for Enterprise, Transport and the Environment, as well as their use, shall have the right to check the business of the applicant and the beneficiary to the extent necessary for the grant and use of the grant. In order to carry out the audit, the applicant or the beneficiary of a grant shall be obliged, without undue delay, without undue delay to present all the necessary documents and other material relating to the use of the grant, without any undue delay. Assist in the inspection. For that purpose, the person carrying out the inspection shall be entitled to access to the premises and territories under control or in use. However, the inspection shall not be carried out in the premises of a permanent residence. The audit shall comply with the Administrative Code (434/2003) Provides.

The person carrying out the inspection shall have the right to take possession of the documents and any other material referred to above if it is necessary to achieve the objective of the inspection. Documents and any other material disclosed shall be returned without delay when carrying out the inspection no longer requires holding. At the request of the auditee, the audit shall also provide the information necessary for the proper implementation of the inspection.

In order to carry out the inspection referred to in this Article, the police, customs, enforcement and tax authorities shall provide the necessary administrative assistance.

§ 22
Right to information

The Ministry of Employment and the Economy shall, notwithstanding the provisions of confidentiality and the right to obtain the necessary information from the Centre for the Improvement of Living and Working Conditions, Transport and the Environment, the necessary information and reports on the application of grants, The granting, payment and control. The Ministry of Employment and the Economy and the Centre for Enterprise, Transport and the Environment have the same right to receive information on the use of grants from beneficiaries.

The Ministry of Employment and the Economy, as well as the Centre for Enterprise, Transport and the Environment, shall have the right to benefit from any other authority and public task assigned to the entity and to the natural or legal person, In order to carry out the monitoring obligation or to deal with an application for assistance, which should otherwise be kept secret. In addition, the provision of information is valid, as provided for in Article 31 of the State Aid Act.

The information referred to in paragraphs 1 and 2 may also be disclosed in the form of a mechanical language or a technical service.

ARTICLE 23
Transmission of information

Law on public authorities' activities (18/09/1999) Shall, notwithstanding the obligation of professional secrecy, receive information from a natural person, entity or foundation on the financial, commercial and professional status of a natural person, From personal circumstances to the Ministry of Employment and the Economy, the Centre for Economic Affairs, Transport and the Environment, the Innovation Financial Centre for Tekesh, the Ministry of Finance, the Ministry of Agriculture and Forestry, the Rural Development Agency, the work and The trade office and the tax authority, if necessary To the relevant authority or to the special financial company in order to deal with the handling or control tasks.

The information referred to in paragraph 1 may also be disclosed in the form of a mechanical language or a technical service.

§ 24
How to store documents

The beneficiary of the grant shall be obliged to keep all the accounting records and other material relating to the project in such a way that the control of the use of the grant is possible. The accounting records shall be kept in accordance with the (1336/1997) Articles 9 and 10 provide.

The decree of the Council of State may provide for more detailed provisions on the retention of documents.

Chapter 5

Restoring and recovery of grants

ARTICLE 25
Repayment of grants

The beneficiary of the grant shall immediately recover the grant or component of the grant received incorrectly, too much or manifestly unjustifiably. The beneficiary shall return the grant or part thereof, if it cannot be used as provided for in the grant decision. If the amount to be reimbursed does not exceed EUR 100, it shall not be returned.

Paragraph 1 shall not apply to the difference between the grant awarded and the costs incurred in accordance with the constructed criterion.

§ 26
Recovery of the investment aid due to cessation of activities

The business, transport and the Agency shall make provision for the payment of the aid to be paid for termination of the investment and the grant or part of the grant already paid, if the beneficiary is the period of use referred to in Article 19 (2). Of:

(1) ceased its activities or substantially reduced the activities covered by the grant in the area covered by the aid level provided for in the grant;

(2) supply to another beneficiary of the activity or property or part thereof, and no new assets have been acquired; or

3) declared bankrupt.

In the cases referred to in Article 1 (1) (1) and (2), the amount to be recovered shall be determined by the amount of the subsidy paid by deducting the amount corresponding to the period of use of the assets from the period of use referred to in Article 19 (2).

If the amount to be recovered does not exceed EUR 100, it may be waived.

§ 27
Obligation to recover the grant on other grounds

The business, transport and the Agency shall provide for the payment of the grant to be terminated and the grant or part of the grant already paid, if the beneficiary is:

(1) failed to return the grant or part of the grant to be repaid pursuant to Article 25;

(2) used the grant essentially for the purpose other than it was granted;

(3) gave the authority a false or misleading information that was likely to have materially affected the access, quantity or terms of the grant, or concealed such a fact;

(4) failed to provide the right and sufficient information to pay the subsidy;

(5) refused, in breach of Article 21, the material required or otherwise assisted by the inspection; or

(6) in a manner comparable to paragraphs 1 to 5, substantially infringed the provisions on the use of the grant or the conditions of the grant decision.

The business, transport and the Agency shall provide for the payment of the grant to be terminated, as well as the grant or part of the grant already paid, when required by European Union legislation.

If the amount to be recovered does not exceed EUR 100, it may be waived.

ARTICLE 28
The discretionary recovery of the grant

The Centre for Food, Transport and the Environment may, by decision, order the payment of the grant to be terminated and the recovery of the grant or part of the grant already paid, if the beneficiary is:

(1) failed to declare any action to terminate or to monitor compliance with the conditions of the grant decision;

(2) failed to notify the change in the use of the grant or any change affecting the use of the grant; or

(3) acted in a comparable way, in accordance with Articles 26 or 27, or in the same manner as those provided for in paragraphs 1 or 2, by providing for the award, payment or use of a grant other than the actual nature or purpose of the case Legal form.

If the amount to be recovered does not exceed EUR 100, it may be waived.

§ 29
Moderational

For the purposes of the decision referred to in Articles 25 to 28, the Centre may decide that the calculation of the interest rate on the aid to the aid shall be partially or wholly waived, if the recovery is in the circumstances of the beneficiary. Disproportionate to the changes or the procedure on which the recovery is based.

ARTICLE 30
Deadline for recovery

The decision referred to in Articles 25 to 28 shall be taken without delay when it has become aware of the fact that the decision to suspend or terminate the payment of a grant or to recover the grant may be taken into account: Undertake.

The recovery of the grant, the interest payable to it or the interest on late payment shall no longer be established after 10 years of payment of the last instalment of the grant. Where the recovery grant concerns the period of use referred to in Article 19 (2), the 10-year period shall be calculated from the end of that period.

The decision may be taken after the ten-year period provided for in paragraph 2, if required by European Union law.

Chapter 6

Outstanding provisions

ARTICLE 31
Appeals appeal

The decision of the Authority, as provided for in the Administrative Act, may require an adjustment to the decision of the Authority.

The decision to amend the requirement of amendment may be appealed against by the administrative court, as in the case of administrative law (18/06/1996) Provides.

The decision of the Administrative Court to suspend or terminate the payment of a grant or to recover the grant may be appealed to the Supreme Administrative Court as provided for in the Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

ARTICLE 32
Implementation

The decision of the business, transport and the Agency may be implemented in spite of appeals, unless the appeal authority decides otherwise. The final decision taken pursuant to Articles 26 to 28 is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) .

§ 33
Entry into force

This Act shall enter into force on 1 July 2014 and shall be valid until 31 December 2021.

Articles 17 to 32 of this Act shall apply to assistance granted under this Act, even after the expiry of the law. However, Article 17 shall not apply after 31 December 2022 unless the grant is financed exclusively from national funds.

This law repeals the Law on State Aid for the Development of Enterprise (1336/2006) .

§ 34
Transitional provisions

The law repealed by this law and the provisions adopted pursuant thereto shall apply to the grant awarded under them. However, the provisions of Articles 18 and 20 to 23 of this Act shall apply to the suspension, control, inspection, information and transmission of the payment.

This law shall apply to an application pending at the time of entry into force of this Act at the time of entry into force of this Act.

THEY 174/2013 , TaVM 33/2013, EV 173/2013

Entry into force and application of amending acts:

18.9.2015/1221:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014