Parliament Act No. 13 Of 3 December 2012 On The Business Of Fishing And Hunting

Original Language Title: Inatsisartutlov nr. 13 af 3. december 2012 om erhvervsfremme af fiskeri og fangst

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Parliament Act no. 13 of 3 December 2012 on the business of fishing and hunting

Modified repeals, hovedlov replaces information

Aside
Landsting Regulation no. 13 of 26 November 2007 amending the county Regulation no. 10 of 20 November 2006 on the business of fishing and hunting. (Changing the age requirement for the purchase subsidies to commercial boats)
Landsting Regulation no. 10 of 20 November 2006 on the business of fishing and hunting

Change
Parliament Act no. 11 of 5 December 2008 amending various county laws and county regulations on fishing and agriculture as a result of a new division into provinces and municipalities. (Consistency corrections as a result of the Landsting Act on Greenland's division into municipalities (EM 2008/62))

Hovedlov to
Home Rule Executive Order no. 12 of 12 December 1984 on business support.


Adds to Home Rule Executive Order no. 12 of 12 December 1984 on business support.

Chapter 1 Scope

§ 1. This Greenland Parliament Act aims to promote an efficient and competitive fishing and hunting business through actions that have a long term effect on employment through initiatives in the long term is considered to have a positive socio-economic impact.
Subsection. 2. The Government may provide erhvervsfremmelån or grants given in Chapters 2 and 3 to persons or companies with the right to engage in fishing or fishing in Greenland.

Chapter 2
Assigning erhvervsfremmelån and grants
Projects eligible for erhvervsfremmelån
§ 2. The Greenland Government may provide erhvervsfremmelån projects:

1) deemed technically sound,

2) now or in the long term is considered economically viable, and

3) where project costs are deemed to be in reasonable proportion to the expected return.


Projects eligible for grants
§ 3. The Government may award grants for projects:

1) deemed technically sound,

2) now or in the long term is considered economically appropriate and

3) that can contribute to the beneficiary obtains option for self-support.

Applicants can receive erhvervsfremmelån
§ 4. When processing applications for erhvervsfremmelån made an overall assessment of the application, which among other things, focus on the following documented conditions:
1) The applicant's professional qualifications can make it probable that the applicant has the necessary operational and managerial skills to ensure an economically viable operation of the project applied for erhvervsfremmelån to.

2) The operating and liquidity budgets, including budget assumptions that can plausibly that business loan will be repaid.

3) Summary of the applicant's property, including terms of settlement of existing obligations, which suggest that the business loan will be repaid.

4) Regulatory Expression of authorized fishing vessels, fishing quotas and other public permits and approvals of importance for implementation of the project can be given by awarding erhvervsfremmelån under this Act.

5) The applicant meets the other requirements for the implementation of the project applied for erhvervsfremmelån to.
Subsection. 2. The assessment referred. Paragraphs. 1, no. 3, must be based on the candidate's economy at the time of application. Related factors, including the decision of the insurance claim, lawsuit, etc. are not included in the assessment before the relationship has ended.
Subsection. 3. The Government can supplement the assessment criteria by requiring information previously received industrial loans or grants from the Government of Greenland to determine whether the candidate has fulfilled his obligations.

Applicants eligible to receive grants
§ 5. The Government can meet the applicants seeking grants for the purchase of a newly built business dinghy with built-in tank, with engine and safety equipment, the acquirer dinghy has a length of 16 feet and a maximum of 19 feet and is approved for use as a commercial boat in Greenland. The engine must be no more than 115 hp.
Subsection. 2. Grants awarded on the basis of prioritization of the applications the current year. In this context, the fishing pressure in the current range of the importance.
Subsection. 3. Grants must be provided as a grant of 75% of erhvervsjollens acquisition. If the applicant has a permanent residence in Qaanaaq district, Ammassalik district or Ittoqqortoormiit district must grant given by 84% of erhvervsjollens acquisition.
Subsection. 4. Erhvervsfremmelån can not be granted for the purchase of commercial boats.
§ 6. The applicant must, in order to receive subsidies for the purchase of a newly built business dinghy, see. § 5, being:

1) between 18 and 65, and


2) registered as a hunter or a professional fisherman in the 2 years prior to and at the time of application.

Chapter 3
Detailed rules on fishing and hunting
Erhvervsfremmelån for fishing vessels and subsidies for vocational dinghies
§ 7. The Government may provide erhvervsfremmelån for projects concerning fishing vessels, for the following purposes:

1) Alteration and major repairs of the fishing vessel.

2) Acquisition, major repairs and replacement of engines.

3) purchase of safety equipment.

4) Provision of technical installations.

5) purchase of fishing gear and other similar fixtures.
Subsection. 2. "vessel" means a boat than 5 GRT / 8 BT.
Subsection. 3. When assessing the application for erhvervsfremmelån for a fishing vessel, see. Paragraph. 1 make an overall assessment of the fishing vessel's economy based on the earnings that a fisherman can normally be expected to perform.
Subsection. 4. There shall be no erhvervsfremmelån to vessels that are over 30 years for vessels of wood or steel, and 20 years for vessels of fiberglass.
Subsection. 5. Applicants may obtain erhvervsfremmelån to 1 vessel. This also applies in cases where the applicant wholly or partly owns several companies.
§ 8. Applicant is obliged to take out insurance for vessel and transmit evidence of this to the Department of Fisheries, Hunting and Agriculture. Furthermore, it is within the first quarter of each year submit evidence before the regular insurance. In the event that the insurance obligation not complied with, the Greenland Government may decide to terminate the business loan or demand repayment of the grant.
§ 9. Subsidies see. § 5, the earliest granted to a person again after 12 years. If a person has previously received loans or grants from the Greenland Government for the purchase of commercial dinghy after previous rules, the grant for the purchase of newly built commercial dinghy earliest comes 12 years after delivery.
§ 10. If a commercial boat, to which the Government of Greenland on acquisition has provided grants by this Act or loans or subsidies under previous rules, lost by shipwreck, total accident or other insurance covered events can be, regardless of § 9 shall be provided subsidies for the purchase of newly built commercial dinghy where:

1) the lost business dinghy was duly insured and

2) insurance compensation paid fully used for the purchase of new dinghy.

Subsection. 2. Failure to comply with paragraph. 1 no. 2, the Greenland Government may decide to terminate the business loan or demand repayment of the grant.
Subsection. 3. Requirements and assessment criteria mentioned. §§ 3, 5 and 6 shall apply mutatis mutandis.

Repayment of subsidies for the purchase of commercial dinghy
§ 11. The Government may require a subsidy for the purchase of a newly built business dinghy repaid if:

1) the grant recipient for 2 consecutive years is not registered as a hunter or a professional fisherman,

2) beneficiary is deemed to have its main income from the use of business dinghy in the last 12 months,

3) acquisitions, see. § 5, paragraph. 1, disposed of within six years from the date of receipt of grant

4) acquisitions, see. § 5, paragraph. 1, pledged,

5) the recipient does not Naalakkersuisit request, see. § 23 paragraph. 3, submit documentation for the sale of products that the operation of the boat has resulted in the previous 12 months,

6) there is non-compliance with requirements for the establishment of insurance and by subsequent breach of the insurance contracts, see. § 8, or

7) terms and conditions for awarding grants also overridden.
§ 12. The grant written down over 12 years with 1/12 each year.
Subsection. 2. The repayment of grant referred to. § 11 calculated repayment requirement which the grant was written down by 12.1 per commenced years ago receipt of the grant.

Chapter 4
Terms of erhvervsfremmelån
Run
§ 13. Erhvervsfremme loan is held as a fixed-rate annuity.
Subsection. 2. The Government may subsidize the settlement of business loan as the borrower pays installments on business loan. There may not be awarded for the payment of interest. The grant for the settlement of erhvervsfremmelån may be up to 35% of the mortgage payment.
Subsection. 3. The Government shall determine the grant amount applicable for business loan.
Subsection. 4. The Government may determine other terms of the settlement of erhvervsfremmelån.

Separate deposits
§ 14. The Government can only provide erhvervsfremmelån on condition that the applicant has its own deposits.

Subsection. 2. Separate deposits must be at least 10% of the acquisition cost, and paid to the Government of Greenland before erhvervsfremmelån paid.
Subsection. 3. By erhvervsfremmelån under § 7 paragraph. 1 may be a private deposits consist of an asset that is part of the overall acquisition.
Subsection. 4. The Government may lay down rules to increase their own deposits.

Maturity
§ § 15. The maturity of erhvervsfremmelån under § 7 paragraph. 1, set at a maximum of 5 years. The maturity of erhvervsfremmelån under § 7 paragraph. 1 pt. 1 and 2 may be set up to 10 years if the cost of conversion and repair of vessels and the acquisition and replacement of engines are substantial in nature.

Security
§ 16. Erhvervsfremmelån to fishing vessels must always be protected by mortgages. The mortgage must have the best possible priority.
Subsection. 2. Erhvervsfremmelån also be ensured the best possible way and possibly by a mortgage on the active receiving erhvervsfremmelån.

Terms of erhvervsfremmelån
§ 17 Erhvervsfremmelån interest redeemed according to rules established by the Greenland Government. The loans can be paid in installments.
Subsection. 2. The Government may require business loan is repaid when interest or principal is not paid on time, or conditions of business loan otherwise breached.
Subsection. 3. Termination Payments on business loan is timely when they happen within 30 days of the due date. Overdue payment due business loan to repayment if the borrower fails to pay interest and principal payments within 7 days of written demand is shipped or delivered.
Subsection. 4. The Government can provide the borrower deferment of loan payment for up to two years if:

1) the value of an underlying mortgage is estimated to account for over 60% of the value of the total balance of business loan and

2) it is estimated that the inability to pay is temporary.
Subsection. 5. When the borrower after exposure with the termination payment provided. Paragraphs. 4 resumes termination payments, the maturity of the number of terms that termination payment has been exposed to.
Subsection. 6. The Government may, in special cases further postponement of loan payment for more than 2 years.

Termination of interest calculation and debt write-down
§ 18. Addition of interest on a erhvervsfremmelån cease when the Government has terminated the business loan for cause.
Subsection. 2. When a erhvervsfremmelån terminated for cause and is no longer the borrower's possession, the Greenland Government may provide an annual subsidy for debt reduction equivalent to the amount that the borrower has paid in the preceding 12 months. The time of the 12 months calculated as of the time Naalakkersuisut terminates business loan in accordance with paragraph. 1

Waiver
§ 19. The Greenland Government may cancel a erhvervsfremmelån partially, after at five years from the end of the calendar year in which erhvervsfremmelån under this Act or previous rules on business support is terminated for cause. Erhvervsfremmelån can not remitted to a lower amount than kr. 150,000.
Subsection. 2. The Government can only remit a erhvervsfremmelån when it is deemed that the borrower will not be able within the next few years to settle business loan.
Subsection. 3. The borrower's payment options, see. Paragraph. 2, is based on:

1) debt level,

2) the borrower and his household property,

3) the borrower and his household's current and future income, and

4) borrower's age.
Subsection. 4. The Government may, notwithstanding paragraph. 1 remit a erhvervsfremmelån up to 10 years after the business loan is terminated, if the borrower has conducted business loan to such an extent that could be expected in relation to its payment options.
Subsection. 5. Cancellation may take place only for natural persons.
§ 20. If the borrower is aged over 60 or receiving a retirement pension, and the claim is not secured by the existing mortgage as a result of the collateral takeover of Greenland, shipwreck, or because the collateral for other reasons no longer the borrower's ownership, the Naalakkersuisut based on prior application canceling the debt in full.

Subsection. 2. The waiver under paragraph. 1 implies that the borrower permanently waives fishing quota species.

Loan Rescheduling
§ 21. The Greenland Government may redirect erhvervsfremmelån granted under this Act or previous rules on business support to new erhvervsfremmelån with a maturity not exceeding the expected remaining life of the asset to which the loan relates if: | ||

1) the existing erhvervsfremmelån running for more than 5 years, and

2) it is estimated that the borrower will be able to run the new erhvervsfremmelån.

Customer Switching
§ 22. The Government may grant permission for erhvervsfremmelån granted under this Act or previous rules on business support, transferred to a new borrower, when active, business loan is granted, at the same time of day for the new borrower and the new borrower meets the conditions to receive erhvervsfremmelån.

Repayment of erhvervsfremmelån or grant
§ 23. The Greenland Government may decide on the termination of erhvervsfremmelån and recovery of aid if persons or companies wrongly obtained erhvervsfremmelån or grant under this Act referred to. §§ 11 and 17 paragraphs. 2.
Subsection. 2. Individuals and companies who have received erhvervsfremmelån or grants, are required to notify Naalakkersuisut about significant changes in their financial condition. The Government can impose on persons and companies who have received erhvervsfremmelån or grants that provide evidence of their financial circumstances. Informed Naalakkersuisut not, rug, which breach, see. §§ 11 and 17 paragraphs. 2.
Subsection. 3. The Government may order a person who has received grants for business dinghy, to submit documentation for the sale of products from commercial dinghy for the previous 12 months.

Chapter 6
Common Provisions
§ 24. The Greenland Government may lay down rules for the implementation of the Greenland Parliament Act, including rules:

1) the economic areas and projects eligible erhvervsfremmelån to

2) in which geographical areas eligible erhvervsfremmelån and grants

3) contribution to the settlement of erhvervsfremmelån,

4) educational, economic and technical requirements for applicants and projects, and

5) Act administration, including municipal involvement.

Entry into force
§ 25. The Greenland Parliament Act comes into force on 1 January 2013.
Subsection. 2. At the same time Landsting Regulation no. 10 of 20 November 2006 on the business of fishing and hunting.
Subsection. 3. Home Rule Executive Order no. 12 of 12 December 1984 on business support, remain in force until repealed by regulation under this Act.
Subsection. 4. Claims under Landsting Regulation no. 4 of 20 November 1984 Business support, Landsting Regulation no. 10 of 12 November 2001 on support for fishing, hunting and agriculture and Landsting Regulation no. 10 of 20 November 2006 on the business of fishing and catch, which still exists, continue to be administered in accordance with the provisions applicable at the loan relationship was established.

Greenland, December 3, 2012

Kleist

Related Laws