Parliament Act No. 20 Of 3 December 2012 On Business For Land-Based Businesses

Original Language Title: Inatsisartutlov nr. 20 af 3. december 2012 om erhvervsfremme til landbaserede erhverv

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Parliament Act no. 20 of 3 December 2012 on business for land-based businesses

Modified repeals, hovedlov replaces information

Parliament Act no. 14 of 12 November 2001 on business within the tourism industry and land-based businesses.

Modified by
Parliament Act no. 4 of 3 June 2016 amending the Greenland Parliament Act on Trade and Industry to land-based businesses
(Support for incubator space)

Hovedlov to
Self-Government Order no. 14 of 27 June 2016 on support for product development, export promotion activities, professional consulting assistance (voucher), ice and water projects and tourism projects
Self-Government Order no. 3 of 17. February 2014 on support for product development, export promotion activities, promoting the use of Greenlandic food and professional consultant assistance (vouchers)
home Rule Executive order no. 9 of 5 april 2002 on grants for product development in the tourism industry and land-based businesses as well as the conversion of loans within the tourism industry

Chapter 1 Scope

§ 1. A fund for financing aid intended to support business projects are expected to create economic gains by way of example, additional production and increased jobs.
Subsection. 2. No support for clean operation.
§ 2. The Greenland Parliament Act includes business support to land-based businesses. Land-based business includes business and activities in the service, tourism, industry, trade, hotels, IT, business experience and so on.
Subsection. 2. No after this Act granted for purposes that are covered by aid under other legislation.
§ 3. There are basically only be granted for the portion of the economic activity that takes place in Greenland. Support can be granted to courses or purchase of raw material etc., are not offered in Greenland.

Chapter 2
Business support and special pools
§ 4. Support granted within the amounts allocated to the pool on the annual budget.
§ 5. Support is given upon application by that commitment reimbursement of documented expenses in connection with:

1) the establishment and expansion

2) production and concept development,

3) Deployment, or

4) design.
Subsection. 2. Support may also be given as a commitment to a fixed amount to use for professional consulting services, such as lawyer or accountant assistance.
Subsection. 3. A commitment to the support given under specified conditions.
Subsection. 4. Application for a grant under subsection. 1 and 2 must be prepared in a Minister prepared application form and contain the information required herein.
§ 6. The Government may provide support to specific industries or specific businesses, including a fixed part of the pool of the annual budget is reserved for them and establish procedures for commitments to support these industries or companies.

Chapter 3
General Conditions
§ 7. There can only be given to private commercial companies and projects that are intended to provide a profit over a longer period.
Subsection. 2. Commitment to support can not be transferred or be the subject of prosecution.
Subsection. 3. There can only be provided for projects or activities that do not receive support and funding from other public funds.
Subsection. 4. Commitment to support granted on the basis of operating and economic assessment of the application. The business operation assessment will among other things include an assessment of the applicant's professional and managerial qualifications and skills, the applicant's economy and the durability of the concrete business plan.
§ 8. Confirmation of support can only be given to individuals or companies residing or registered in Greenland and is fully taxable in Greenland.
Subsection. 2. Commitment to support can not be given if the receiver or senior persons are officers or directors convicted of more serious tax offenses or violations of regulations on economic crime in the Criminal Code for Greenland or have significant debt to the public.
Subsection. 3. The Government may impose further requirements and conditions to applicants for commitment and support, as well as lay down the details thereof.

Chapter 4
The amount and duration

§ 9. Commitments for assistance must specify the amount maximum will be granted in support, as well as the percentage of the documented expenses within that ceiling, will be refunded. It is a condition for disbursement of the aid, the cost can be directly related to the project and that they are necessary for the implementation of the project. Furthermore, it is a condition that the expenses must be incurred within the commitment period specified.
Subsection. 2. For assistance in accordance with § 5, paragraph. 1, that maximum payment is an amount equal to 50% of the documented costs according to the project, which has formed the basis for the grant.
Subsection. 3. The Government may lay down detailed rules on the amount and duration of the undertaking.

Chapter 5
Administration, reporting, cancellations and complaints
Administration and case
§ 10. The Government may decide on the administration of commitment and payment of aid to the local council or a management company.
Subsection. 2. The notion of an agreement under subsection. 1 with a management company, the Greenland Parliament on case management in public administration and Greenland Parliament Act on open government apply to the management company's performance of duties under this Act.

Reporting and notification of information
§ 11. The Greenland Government may from people or companies that pledged support, require all information, documentation, records and financial statements, as deemed necessary in order to decide on the payment of aid .
Subsection. 2. The Government may lay down detailed rules on accounting, auditing, control and supervision.

Cancellation of commitments and repayment of aid
§ 12. The Greenland Government may decide to withdraw the pledges of support or reimbursement of the aid if the recipient wrongly obtained support or received pledges of support by this Act.
Subsection. 2. Repayment may be required if:

1) Beneficiary intentionally or through gross negligence, have made false or misleading information of significance for the payment of aid.

2) Conditions for the payment of aid was not present.
Subsection. 3. Individuals or companies that have received commitments for grants, are required to notify Naalakkersuisut significant changes in economic and other matters that may affect the Greenland Government's assessment of whether aid commitments must be dispensed with.
Subsection. 4. Commitment to support automatically lapse if the applicant or company:

1) fails to submit accounts or other documents that Government has required according to § 10 paragraph. 1, within the herein specified period or

2) enters bankruptcy, receivership or becomes disqualified from doing business.

§ 13. Decisions made in pursuance of the Act can not be appealed to any other administrative authority. This also applies when the decision is taken by a municipal council or a management company pursuant to § 10 paragraph. 1.

Chapter 6
Penalties and entry into force etc.
§ 14. There may be imposed measures under the Criminal Code for Greenland for the person who intentionally or recklessly:

1) Submits incorrect or misleading information or withhold information in order to obtain improperly commitment or payment of aid.

2) Does the aid paid in breach of permit conditions.
Subsection. 2. In regulations issued in pursuance of the Act measures may be in the form of a fine under the provisions of the Criminal Code for Greenland.
Subsection. 3. Where the Greenland Parliament Act or regulations pursuant to the Act provides for the imposition of fines, the fine imposed on a legal person in accordance with § 17 of the Criminal Code for Greenland.
Subsection. 4. Penalties imposed under this Act or regulations under this Act accrue to the Treasury.
§ 15. The Greenland Parliament Act shall enter into force on 1 January 2013.
Subsection. 2. At the same time Rule Act no. 14 of 12 November 2001 on business within the tourism industry and land-based businesses as amended by Act No.. 10 of 14 November 2004.
Subsection. 3. Regulations issued pursuant to Rule Act on Trade and Industry in the tourism industry and land-based businesses remain in force until repealed.

Subsection. 4. Loan commitments, guarantees or pledges of support given on the basis of Rule Act no. 15 of 31 October 1996 on financial aid for the tourism industry, Rule Act no. 20 of 30 October 1998 on financial aid for land-based businesses and Rule Act no. 14 of 12 November 2001 on business in tourism and land-based businesses are still in force and regulated by this Act.

Greenland, December 3, 2012

Kuupik Vandersee Kleist

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