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Rules On The Mezzanine Capital Loans Business Competitiveness Of Operators

Original Language Title: Noteikumi par mezanīna aizdevumiem saimnieciskās darbības veicēju konkurētspējas uzlabošanai

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Cabinet of Ministers Regulations No. 241 in Riga 2014 (13 May. 2. § 28) the rules on the mezzanine capital loans business competitiveness of operators Issued pursuant to the Cabinet of Ministers Act article 31 equipment, first paragraph, point 3 i. General questions 1. determines the conditions for granting the aid loans in the form of mezzanine capital business competitiveness of operators. 2. the provisions of This framework of mezzanine capital loan (loan): 2.1 long term investment loan with increased credit risk. It is subordinated to the credit institution or its subsidiaries provided long-term credit or financial leasing and is reinforced by a lower layer than the security the credit institution or its subsidiaries provided long-term credit or financial leasing; 2.2. working capital loan. It is subordinated to the credit institution or its subsidiaries provided working capital loans and is reinforced by a lower layer than the security the credit institution or its subsidiaries provided working capital loans. 3. Loans issued by limited liability company "Latvian guarantee agency" (hereinafter referred to as the Latvian guarantee agency). 4. the procedure for the issue of loans shall be determined in accordance with the civil law contracts concluded between the Latvian guarantee agency, the economic actors and the credit institution or its subsidiaries. 5. This provision within the meaning of the economic operator's economic operators and the agricultural service cooperative society of commercial and agricultural service cooperatives for regulatory action within the meaning of the Regulations Act. 6. the total amount of the loan is eur 29 780 554. This provision is available under the European regional development fund financing is eur 15 151 685, and the State budget financing is eur 3 479 537. In addition to the available funds, comprising interest income from deposits 2.2.1.1. activity "investment fund investment guarantees, subprime loans, venture capital funds and other financial instruments", have 8 623 913 euros, and in addition to the available funds, comprising interest income from deposits 2.2.1.4.2. "apakšaktivitāt mezzanine capital loans and collateral guarantees economic competitiveness of whom", is 2 525 419 euros. 7. This provision within the meaning of the small and average economic performer is the economic operator who satisfies the European Commission of 6 august 2008. Regulation (EC) No 800/2008, which recognize certain categories of aid compatible with the common market in application of articles 87 and 88. (General block exemption regulation) (text with EEA relevance) (Official Journal of the European Union, august 9, 2008, no L 214) (hereinafter referred to as Commission Regulation No 800/2008) in annex 1 to this regulation, set out in the definitions. The meaning of these rules the big economic operator is the operator of economic activity which does not correspond to Commission Regulation No 800/2008 annex 1 to this regulation, the definitions laid down by.  8. the meaning of these provisions are linked to economic agents that meet European Commission 18 December 2013 Regulation (EU) no of 1407/2013 for the Treaty on the functioning of the European Union and article 107.108. application of the de minimis aid (Official Journal of the European Union, 2013 December 24, no. L 352) (hereinafter referred to as Commission Regulation No 1407/2013) article 2, paragraph 2 stated "one single company" definition. 9. structuring the transaction costs within the meaning of this provision is a credit institution or its subsidiaries granted loans for the examination of the application for the loan or the issuance of a design fee applied pursuant to the credit institution or its subsidiary's current price list, included in the loan agreement and the economic operator shall pay to the credit institution or its subsidiary loan is issued. 
II. Long-term investment loan conditions

10. Long-term investment loans granted as regional aid for investment in accordance with Commission Regulation No 800/2008.11. Long-term investment loans shall be granted the following activities and sectors: 11.1. Commission Regulation No 800/2008 article 1 set out in paragraph 2; 11.2. Commission Regulation No 800/2008 article 1 set out in paragraph 3; 11.3. weapons and ammunition production and trade; 11.4. tobacco production and trade; 11.5. the production and marketing of alcohol; 11.6. gambling and betting; 7.3. financial and insurance activities; 11.8. operations with real estate, unless the loan is assigned a real industrial property development; 7.4. vehicle, personal effects, household equipment and household equipment rentals; 11.10. the public, political and other organisations; 11.11. personal items and household supplies, the repair of other personal services; 11.12. of households as employers; 11.13. vehicle and transport equipment the purchase of operating workers operating in the transport sector; 11.14. electricity and heating. 12. Long-term investment loans shall be granted the following: economic operators 12.1. Commission Regulation No 800/2008 article 1 point 6 "a" listed under the economic operator; 12.2. the economic operator, which has a tax debt. This restriction does not apply if the economic operator has agreed with the State revenue service on tax debt repayment schedule and fulfil the conditions of this agreement; 12.3. analyst of economic activity, which is declared by a Court of insolvency proceedings or the judgment of the Court is the legal protection process, or by a decision of the Court of Justice is an out-of-court redress process, or having a previous bankruptcy, reorganisation or appropriate arrangement, or where the economic activity is terminated; 12.4. the economic operator to whom the loan application date of loss exceeds half of the share capital and the loss of the last 12 months – a quarter of the share capital and which is detected in this rule 12.6. signs referred to; 12.5. the economic operator in accordance with the last two years, the financial statements and the last available operational financial statement on a loan application day is observed in ailing economic analyst signs-damage increase, the reduction in turnover, declining cash flow, debt, interest payments rise, stock inventories, low liquidity, falling or zero value of assets – and found the provisions of 12.6. signs referred to; 12.6. the economic operator who is not able to cover the losses from its own resources or by means of the resources which it can get from its members, shareholders, members or creditors, and it could not stop losses, without which national authorities external intervention in the short or medium term will result in the economic operator is unable to continue. 13. Long-term investment loan investment of material and immaterial assets relating to the economic activities of the new investigator, an investigator for the expansion of economic activity, the operator of an existing economic activities, diversification of the output of an establishment into new additional products or economic operators a fundamental change in the overall production process, provided that the following conditions are met: 8.1. assets are new (unless the beneficiary is a small or medium-sized business operators) pursuant to Commission Regulation No 800/2008 article 13, in the third subparagraph of paragraph 7; 13.2. intangible assets does not exceed the volume laid down in Commission Regulation No 800/2008 article 13, paragraph 7 of the third part and comply with Commission Regulation No 800/2008 article 12 paragraph 2; 13.3. investments remain in the Republic of Latvia in accordance with the requirements laid down in Commission Regulation No 800/2008 article 13 paragraph 2; 13.4. the support provided has a stimulative effect according to the characteristics set out in Commission Regulation No 800/2008 article 8, paragraph 2 and 3. 14. This provision, within the long-term investment loan maximum amount is eur 5 000 000, and it does not exceed 40% of the provisions referred to in paragraph 13 of the investment's eligible costs of the project. 15.100% support is awarded to the economic operator's long-term investment loan structuring of the transaction cost of the credit institution or its subsidiary and lending mortgage registration cost, up to 50 000 euros and 3.5% of this provision within the long-term investment in the loan amount. Costs are directly attributable to this rule under long-term investment loans. 16. Aid granted pursuant to this provision, point 15 is provided as de minimis aid under Regulation No 1407/2013 and shall not exceed eur 200 000 per business activity of persons performing group in the fiscal year concerned and the two previous fiscal years. 17. in paragraph 15 of these rules that aid is delivered to Commission Regulation No 1407/2013 article 1, first paragraph, "a", "b", "c", "d" and "e" in subparagraph sectors and activities. 18. Economic operator provides a financial contribution (including its subsidiary credit institution or the issuing of long-term credit or financial leasing) at least 25% of the rules referred to in paragraph 13 of the contribution to the eligible costs of the project. Economic analyst of the financial contribution of 25% is financed from its own resources or external resources that do not receive any public support, including no national or municipal bonds, issued by the State or local Government to ease credit conditions. 19. This provision, within the long-term investment loans shall not exceed 10 years. Long term investment loan repayments can be made in one payment. 20. Long-term investment loans granted on condition that the rules referred to in paragraph 13 of the investment project's eligible costs are financed with the credit institution or its subsidiaries long-term loans issued or capital lease amount is less than this, within the terms of the long term investment of the loan amount and the repayment of the principal amount of which deferred shall not exceed two years. 21. Long-term investment loan annual interest rate is equal to the credit institution or its subsidiaries long-term loans or financial loan annual interest rate. 22. Long-term investment loans granted for the rating category is lower than the rating category "weak (B)" (the company's solvency could reduce the adverse conditions).
III. Working capital loans

23. Working capital loan and the provision referred to in paragraph 24 of the aid granted as de minimis aid under Regulation No 1407/2013.24.100% support is awarded to the economic operator's working capital loan structuring of the transaction costs of the credit institution or its subsidiary and the loan pledge registration expenses, up to a maximum of 15 000 euros and 3.5% of this provision within the working capital loan. Costs are directly attributable to this rule under working capital loan. 25. This provision is granted under the working capital loan and this provision in paragraph 24, the total amount of aid in the fiscal year concerned and the two previous fiscal years is one of the economic analyst in the Group of persons not exceeding 200 000 euros or 100 000 euro, if the economic operator active in the road transport sector. Under these rules in respect of current assets issued loan amount does not exceed 40% of the total working capital loan volume. 26. Working capital loan is granted on the condition that the cost of the project is financed by the credit institution or its subsidiaries issue of working capital loans, the amount of which is not less than the provisions issued in this context working capital loan. 27. Working capital loan shall not exceed three years. 28. Working capital loans are granted to activities linked to the economic activity of the new investigator, an economic analyst for the expansion, the operator of an existing economic activities, diversification of the output of an establishment into new additional products or economic operators a fundamental change in the overall production process. Working capital loans are granted only to those activities that the Latvian guarantee agency has recognized as economically viable. 29. under this provision the working capital loan is not granted and the operating carrier must not be used for an existing credit to cover, in whole or in part, including the interest repayments. 30. Working capital loan annual interest rate is equal to the credit institution or its subsidiaries working capital loan annual interest rate. 31. Working capital loan and this provision, paragraph 24, aid shall be granted to the following activities and sectors: 31.1. Commission Regulation No 1407/2013 article 1, first paragraph, "a", "b", "c", "d" and "e" in subparagraph sectors and activities; 31.2. weapons and ammunition production and trade; 31.3. tobacco production and trade; 19.5. the production and marketing of alcohol; 31.5. gambling and betting; 19.6. financial and insurance activities; 19.7. operations with immovable property, except if the working capital loans are real industrial property development; 19.8. vehicles, personal items, household hardware and household equipment rentals; 19.8. the public, political and other organisations; 31.10. personal items and household supplies, the repair of other personal services; 31.11. of households as employers; 31.12. vehicle and transport equipment the purchase of operating workers operating in the transport sector; 31.13. electricity and heating. 32. Working capital loan is not granted: 32.1. economic operator, which has a tax debt. This restriction does not apply if the economic operator has agreed with the State revenue service on tax debt repayment schedule and fulfil the conditions of this agreement; 32.2. the economic operator to which the judgment of the Court of Justice has declared insolvency proceedings or the judgment of the Court is the legal protection process, or by a decision of the Court of Justice is an out-of-court redress process, or having a previous bankruptcy, reorganisation or appropriate arrangement, or where economic activity has ended. 33. Working capital loan is granted, if the rating category is lower than the rating category "weak (B)" (the company's solvency could reduce the adverse conditions).
IV. the conditions for receiving the aid 34. for long-term investment loans or working capital loans, the economic operator shall submit to the Latvian guarantee agency loan application and business plan, which contains a description of the project, as well as the marketing strategy, product description, information on the projected cash flow structuring of the transaction, planned costs, and other Latvian guarantee agency requested information necessary for the documents referred to in this paragraph for clarification and support If the Latvian guarantee agency such information cannot be obtained even in legislation. 35. for long-term investment loans, economic investigator submitted before granting aid Latvian guarantee agency for operating a caller previously received support for investment projects, as well as information on applications for aid for initial investment in other aid scheme or individual aid projects, for which the responsible authority has not yet made a decision on the grant of or refusal to support grant aid. 36. in order to obtain working capital loans and 15 of these rules and the aid referred to in paragraph 24, prior business operator shall submit to the Latvian guarantee agency for information on any of the aid received under the European Commission's December 15, 2006 Regulation (EC) No 1998/2006 on 87 and 88 of the Treaty, article on the application of the de minimis aid and Commission Regulation No 1407/2013, subject to the laws and regulations on de minimis aid tracking and allocation procedure and de minimis aid form samples by specifying details of the current year and the previous two calendar years.
V. calculation of the grant equivalent of aid and cumulation 37. Grant equivalent is equal to: 37.1. operating loan granted to the operator and the rules referred to in paragraph 15 of the total amount of aid, if the economic operator in the framework of these rules has received long-term investment loans; 37.2. the economic operator granted to working capital loan and this provision in paragraph 24, the total amount of aid, if the economic operator in the framework of these rules has received working capital loan. 38. Economic operator for the same eligible costs can not get both long-term investment loans and working capital loans. 39. in the framework of these rules, the aid may be combined with public aid for the same costs, if such cumulation results in an aid intensity does not exceed the Commission Regulation No 800/2008 or the existing aid scheme or individual aid project, the stated maximum aid intensity. 40. in the context of these provisions received European Union funds may be combined with other features of the European Union financed programmes or individual aid project funding for the same cost. 41. in the framework of these rules, the aid may be combined with other aid schemes or individual aid project funding if it provides risk capital investment, reducing this provision within the maximum amount of the aid for about 20%, up to the amount received in venture capital investment. These conditions apply three years after the granting of risk capital.
Vi. Support accounting 42. Latvian guarantee agency provides under these rules support lists, including information showing that under these provisions have not received economic actors that meet this provision in paragraph 12 and 32 said conditions. Support tracking Latvian guarantee agency for 10 years from the date on which the Latvian guarantee agency has granted the last loan, and upon request, submit to the European Commission. 43. under this provision the received working capital loan and that rule 15 and paragraph 24 of the aid referred to in the inventory shall be carried out in accordance with the laws and regulations on de minimis aid tracking and allocation procedure and de minimis aid in the form of samples.
VII. Closing questions 44. Be declared unenforceable in the Cabinet of Ministers of 2 august 2011 rules No. 613 ' rules on the mezzanine capital loans business competitiveness of operators "(Latvian journal, 2011, no 129, 168.; in 2012, 2013, 100. No; 149. no; by 2014, no 6). 45. Long-term investment loans granted until 30 June 2014, but working capital loans – up to 31 December 2015.
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