Key Benefits:
ACT
of 9 November 2000
o Establishment of the Polish Agency for Enterprise Development
Article 1. [ Polish Entrepreneurship Development Agency] 1. The Polish Agency for Enterprise Development, hereinafter referred to as "the Agency", is created.
2. The Agency is a state legal person.
3. The seat of the Agency is the capital city of Warsaw.
4. The Agency may create branches in the country.
Article 2. [ Subordinate to the Minister responsible for Economic Affairs] The Agency shall be subject to the Minister responsible for economic affairs.
Article 3. [ Definitions] 1. Whenever the law refers to an entrepreneur, this must be understood by the entrepreneur within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. Nr 173, pos. 1807 of late. zm.).
2. Whenever there is a law, a micro-entrepreneur, a small or medium-sized entrepreneur, who fulfils the conditions laid down in Annex I to the Commission Regulation, is to be understood as a micro-entrepreneur, (EC) No 800/2008 of 6 August 2008. recognising certain types of aid compatible with the common market in application of the Article 87 and 88 of the Treaty (General Block Exemption Regulation) (Dz. Urz. EC L 214 of 09.08.2008, p. 3).
3. Whenever there is a statute for the financial assistance provided by the Agency, this shall be understood as follows:
1) an employee within the meaning of art. 2 of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. zm.);
2) the person performing the work on the basis of a agency contract, contract contract or another service contract, to which according to the Civil Code the provisions concerning the order or the contract of work shall apply, if the contract has been concluded with the employer, with to which he/she remains in employment, or if, in the course of such a contract, he performs work for the benefit of the employer with whom he remains in employment;
3. the owner of the managerial functions;
4) a partner in that partner who operates a regular activity in the undertaking and benefits from it.
Article 4. [ Agency tasks] 1. The Agency carries out tasks in the scope of government administration, which have been defined for it in the development programmes of the economy, in particular in the scope of support:
1) entrepreneurs, in particular micro-entrepreneurs, small and medium-sized entrepreneurs and persons intending to undertake an economic activity;
2) export;
3) regional development;
4) innovative activities within the meaning of the provisions on some forms of promotion of innovative activities;
5) the creation of new jobs, tackling unemployment and the development of human resources;
6) development of adaptive potential of entrepreneurs.
1a. The Agency shall participate in the implementation of the operational programmes referred to in the Act of 20 April 2004. o National Development Plan (Dz. U. No 116, item. 1206, with late. zm.), in the Act of 6 December 2006. the rules for the conduct of development policy (Dz. U. 2009 r. Nr 84, pos. 712, of late. zm.) and in the Act of 11 July 2014. on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020 (Dz. U. Entry 1146): [ 1]
1. as a implementing institution (intermediate institution) or intermediate, providing financial assistance to the beneficiaries specified in the Article. 6b par. 1 or
2) as a beneficiary.
1b. [ 2] The Agency may act as an entity implementing a financial instrument or fund of funds as referred to in Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013. laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime Fund and Fishing and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 176ance The Council of the ECB shall Urz. EU L 347, 20.12.2013, p. 320).
2. The Agency does not undertake activities intended to achieve profit.
2a. The tasks of the Agency referred to in paragraph 2. 1 point 1, in particular:
1) study the role of micro-entrepreneurs, small and medium-sized entrepreneurs in the economy;
2) analyse the administrative, legal and financial barriers to the development of micro-entrepreneurs, small and medium-sized entrepreneurs;
3) the development of annual reports within the scope set out in point 2 and their dissemination, including by posting on the website;
4) to collect and make available information on aid schemes within the meaning of the provisions on public aid proceedings.
3. (repealed).
4. The tasks of the Agency referred to in paragraph 1. In particular, point 4 shall be:
1) an action to implement the objectives of the policy of an innovative state;
(2) support and promotion of projects, including programmes, central and regional, in terms of innovation development;
3) preparing and implementing its own action programmes to support innovative activities;
4) assist the authorities of government and local government in collecting and processing data on the needs of the national economy in terms of innovation;
5) to support the business of the business environment of enterprises active in the growth of innovation of enterprises and the economy, such as: research institutes, research and development centres, technology transfer centres, incubators business and technology parks;
6) international cooperation in the field of promotion and development of innovation.
Article 4a. [ Financial aid for export support] 1. In the field of export support, the minister responsible for economic affairs may directly provide financial assistance to the public, concerning in particular: the participation of entrepreneurs in trade fairs and missions and missions economic, the implementation of trade promotional projects, the implementation of projects of Polish houses, obtaining of product certificates, trainings on the subject of foreign trade, organisation of conferences, seminars, workshops and publishing projects.
2. The Council of Ministers shall determine, by means of regulations, the purpose of the aid referred to in paragraph 1. 1, the conditions of its admissibility, the mode of granting and the manner in which it is monitored, taking into account the need for effective and efficient use of the aid and the transparency of its award
Article 5. [ Entruning the Agency with the tasks to be carried out] The bodies of the public finance sector may, with the agreement of the minister responsible for the management of the economy, entrust the Agency with the tasks set out for them.
Article 6. [ Realization of tasks] 1. The Agency shall carry out the tasks in particular by:
1) provision of consultancy services;
2. organisation of trainings and seminars;
3) organizing information, promotional, trade fairs and exhibitions in the country;
4) organizing, in consultation with the relevant institutions, information and promotional projects abroad;
5) the collection and sharing of information relevant to the unemployed and the entities referred to in art. 6b par. 1;
6. developing, issuing and disseminating publications;
7) the provision of expert services, including the bodies of government administration and bodies of local government units;
8) conducting under the name "National System of Services for Small and Medium-sized Enterprises", hereinafter referred to as "KSU", a register of entities which ensure the proper provision of advisory, training, information or financial services to micro-entrepreneurs, small and medium-sized enterprises and business operators;
8a) operating within the register referred to in point 8, a register of innovation actors under the name "National Innovation Network";
9. the promotion of the entities referred to in points 8 and 8a, the organisation of cooperation between them and the provision of advisory, training and information services to them;
(10) the provision of financial assistance to:
(a) to support the activities set out in points 1 to 6 and 11, carried out by other entities,
(b) trainings, consultancy services or support for investment of entrepreneurs, in particular for the growth of their competitiveness or innovation,
(c) the actions referred to in Article 6b par. 5,
(d) strengthening the potential of actors in the field of economic development, innovation, employment, human resources development or adaptive capacity of entrepreneurs,
(e) obtaining protection and implementation of the protection of industrial property rights,
(f) implementation of projects in the field of development of technical infrastructure,
(g) the preparation by micro-entrepreneurs, small and medium-sized enterprises of applications for the financing of projects carried out in the framework of international innovation programmes or participation in these programmes,
(h) adjustment of the trader's activities to changing market conditions, in particular the economic and financial crisis,
(i) restoring the economic viability of economic operators affected by the natural disaster;
11. taking, supporting and financing projects on the transfer of new technologies within the meaning of the provisions on certain forms of support for innovative activities.
2. (repealed).
3. For the activities referred to in paragraph 1. 1 points 1 to 7 the Agency may charge a fee not exceeding the costs incurred.
Article 6a. [ Registration with the National System of Services for Small and Medium-sized Enterprises] 1. The registration in KSU may be applied by entities which:
1) have the technical and economic potential necessary for the proper provision of the services referred to in art. 6 para. 1 point 8;
2) ensure the implementation of the services specified in Art. 6 para. 1 point 8 by persons with the necessary qualifications;
3) have a system of assurance of the quality of services referred to in art. 6 para. 1 point 8;
4) comply with the conduct of professional ethics principles.
2. The minister responsible for economic affairs shall determine, by means of a regulation, detailed requirements to the extent set out in the paragraph. 1 and the mode of their verification by the Agency, as well as the standards for providing advisory, training, information and financial services to micro-entrepreneurs, small and medium-sized entrepreneurs and entities undertaking business activities by entities registered in the KSU, guided by the need to ensure the proper quality of these services.
Article 6b. [ Provision of financial assistance] 1. The Agency may provide financial assistance with regard to the performance of the tasks:
1) entrepreneurs, employees of entrepreneurs and persons intending to undertake an economic activity;
2. economic development actors;
3) entities operating for employment, the development of human resources or the adaptability of entrepreneurs;
4) the units of local government and their associations;
5. innovation actors;
6) social and economic partners within the meaning of the Act of 6 December 2006. the principles of development policy;
7) employers ' organizations and a representative organization within the meaning of the provisions of the Act of 6 July 2001. about the Tripartite Commission for Economic and Social Affairs and provincial committees of social dialogue (Dz. U. No 100, pos. 1080, with late. zm.);
8. scientific units within the meaning of Article 2 point 9 of the Act of 8 October 2004. on the principles of financing science (Dz. U. No 238, pos. 2390, with late. zm.);
9) associations with the participation of local government units.
1a. By an entity acting for employment, the development of human resources or the adaptability of entrepreneurs, it shall be understood in particular:
1. the authority of the school or establishment operating in the education system;
(2) HEIs;
(3) a scientific unit;
4) another legal person who, in accordance with the Statutes, conducts training activities;
5) an entrepreneur performing an economic activity in the field of training.
2. The financial assistance referred to in paragraph 2. 1, may take the form of:
(1) non-repayable financial support, hereinafter referred to as "support";
2) loans;
3. financing of the costs of services provided by service providers free of charge or for payment lower than the market price.
3. The Agency shall not grant any support or loan:
1) an entrepreneur who is a natural person, if he has been convicted by a final sentence for the offence of making false statements, bribery, against property, trustworthiness of documents, turnover of money and securities, turnover the economic, banking, treasury, or other business or other related to the pursuit of economic activities or committed to the attainment of the financial interests;
2. the entity referred to in paragraph 1. 1 points 1 to 3 and 5 to 9, which is not a natural person, where a member of his governing bodies or a partner of a personal partnership has been convicted by a final judgment for the offences referred to in point 1;
(3) the entity referred to in paragraph 1. 1 points 1 to 3 and 5 to 9, which:
(a) has an arrears of public-law claims or
(b) he or she remains under the authority of a committee, either in liquidation or in insolvency proceedings, or
(c) have breached an important contract concluded with the Agency for a period of 3 years from the date of termination of the contract;
(4) a collective entity against which a court has held a prohibition on the use of grants, subsidies or other forms of financial support to public funds.
3a. The provision of the paragraph. 3 point 3 (a) a does not apply to an entrepreneur holding a public-law arrears, an applicant or receiving a support or a loan for an action specified in an Article. 6 para. 1 point 10 (h) if the trader has entered into an agreement on the payment of the debt and shall pay the instalment on time or benefit from the deferral of payment.
(4) The Agency may refuse to grant support or a loan to the entity referred to in paragraph 1. 1 points 1 to 3 and 5 to 9, if there is reasonable doubt as to the correct use of the products.
4a. The Agency may refuse to grant any support or loan to the entity referred to in paragraph 1. 1 points 1 to 3 and 5 to 9 if this would lead to circumvention of the rules for providing support, in particular the conditions of subjective, destination, intensity or amount of support.
(5) Support granted by the Agency to the entity referred to in paragraph 5. 1 (1) to (3) and (5), intended for the establishment or enlargement of an accounting segregated fund from which the entity:
1) grants loans, hereinafter referred to as the "loan fund", or
2. grants a guarantee, hereinafter referred to as "the guarantee fund", or
3. includes shares or shares in companies that are entrepreneurs in the early stage of development, hereinafter referred to as "seed capital fund", or
4) make investments in a company which is micro-entrepreneurs, small or medium-sized entrepreneurs, hereinafter referred to as "risk capital fund"
-it shall be deemed to have been used in the amount actually used by the entity in accordance with the contract for support, for the granting of loans, the granting of guarantees, the taking of shares or of shares, or the making of investments.
6. The use of the support referred to in paragraph 1. 5, should take place within the period set in the support agreement, not more than five years from the date of the transfer of the amount of support to the entity referred to in paragraph 1. 1 points 1-3 and 5. At the end of this period, the entity shall reimbursing the Agency for the unused amount of support, including interest resulting from the storage of that amount in the bank account.
7. The subject referred to in paragraph 1. 1 (1) to (3) and (5), which after the termination of the support agreement referred to in paragraph 1 (1) (a) of the Agreement 5, without the Agency's approval, the loan fund, the guarantee fund, the seed fund or venture capital fund, or the rules governing the management of these funds, shall be paid to the Agency by an amount equal to the amount of the amount the support used, plus interest calculated as for tax arrears on the date of the liquidation of the fund, or amendment of the Fund's management rules.
8. The Agency grants financial assistance in the Urnowy road, to which the provisions of the Civil Code apply.
9. The agreement referred to in paragraph 1. 8, specifies in particular:
1. the specific purpose of the financial assistance;
2. the amount of financial assistance;
3. detailed rules for the use of financial assistance;
4. the method of payment of the financial assistance;
5. how the Agency supervise the use of financial assistance;
6) conditions of termination of the contract;
7) the conditions for reimbursement of financial assistance;
(8) in the case of financial assistance for the increase of the fund referred to in paragraph 1. 5-detailed rules for the management of the Fund.
(10) The competent minister acting as the managing authority for the operational programme referred to in the Act of 20 April 2004. on the National Development Plan and in the Act of 6 December 2006. the principles of development policy, in agreement with the Minister responsible for the economy, shall determine, by means of a regulation, the specific purpose, conditions and modus of financial assistance by the Agency under this programme, taking into account the need for the objectives set out therein, the effective and efficient use of the aid and the transparency of its award.
10a. [ 3] The competent minister acting as the managing authority of the operational programme referred to in the Act of 11 July 2014. on the principles of implementation of cohesion policy programmes financed in the financial perspective 2014-2020, in agreement with the Minister responsible for the economy, sets out, by means of the regulation, the specific purpose, conditions and modus the provision of financial assistance by the Agency under this programme, taking into account the need to achieve the objectives set out in it, the effective and efficient use of the assistance and the transparency of its award.
11. The Minister responsible for the economic affairs shall determine, by means of a regulation, the specific purpose, conditions and mode of the provision of financial assistance by the Agency not related to operational programmes, taking into account the need to achieve the objectives set out in the in the programmes referred to in Article 4 par. 1, the efficient and effective use of this aid and the transparency of its award.
12. The Minister responsible for economic affairs may determine, by means of a regulation, the detailed conditions:
1) granting loans,
2. the granting of guarantees,
3) holding of shares or shares
-the support measures referred to in paragraph 1. 5, taking into account the need for effective and effective use of support and the transparency of its provision.
(13) The Minister responsible for the economy may determine, by means of a regulation, the specific purpose, conditions and mode of granting of financial assistance by the Agency to economic operators affected by the natural disaster, taking into account the need for swift and efficient use of this assistance and its effective use.
Article 6c. [ Making the choice of the contractor] 1. An entity that seeks to provide support for the purchase of goods or services or has received such support from the Agency and is not obliged to choose the contractor with the application of public procurement regulations, makes the selection of the contractor with the principles of transparency and fair competition.
2. The subject referred to in paragraph 2. 1, may not make the purchase of goods or services from entities associated with it personally or capitalially. Capital or personal links shall be understood to mean the interconnection between the entity referred to in paragraph 1. 1, and the contractor, consisting of:
1) to participate in a company as a partner of a civil partnership or a personal partnership;
2) holding shares or at least 5% of shares;
3) the full function of a member of the supervisory or management body, the procurator, the attorney;
4) stay in such a legal or factual relationship, which may raise reasonable doubts as to impartiality in the selection of the contractor, in particular the stay in marriage, in relation of kinship or affinity in the straight line, Relationship or affinity in the sidelines to the second degree or to the adoption, care or guardianship.
Article 6d. [ Request for the implementation of certain tasks of the Regional Funding Authority] 1. The Agency may request a regional financing institution to carry out certain tasks relating to the provision of financial assistance, in particular: promotion, provision of information, the adoption of proposals and the supervision of the use of the aid. The costs of implementation by the regional financing institution of the outsourced tasks may be covered by the support provided by the Agency.
2. A regional financing institution may be a legal person who:
1) in accordance with the statute, agreement or other prescribed provisions of the document law, in particular the resolution of the competent authority or the approved financial statements, shall not act in order to achieve profit or earmark a profit at least in part for the purposes of related to the tasks carried out by the Agency and in which the profit or funds accumulated in the capital or funds are not shared between the members;
2) ensure the execution of commissioned tasks by persons with qualifications necessary for the performance of tasks in the scope referred to in art. 4 par. 1 or paragraph 1a;
3) has the necessary economic and technical potential and experience in carrying out tasks from the scope referred to in art. 4 par. 1 or 1a.
3. The selection of the most advantageous tender for the performance of the role of a regional financing institution shall be made by means of a competition carried out by the Agency in agreement with the competent management of the voivodships.
4. The fullness of a regional financing institution for the conditions referred to in paragraph 4. 2 should be confirmed by an audit carried out by the Agency, at least once every 2 years.
5. In the event of a negative audit result referred to in paragraph. 4, or in other justified cases. The Agency may, after consulting the competent management board of the voivodship, carry out a new competition for the selection of the relevant regional funding institution or have the tasks defined in the paragraph be carried out. 1 other regional financing institution for the following time:
1) obtaining by the competent regional funding institution a positive audit result or
2) the resolution of the re-competition on the selection of the relevant regional funding institution, or
3) completion of the programme.
6. The Minister responsible for the economy will determine, by means of a regulation, the detailed requirements to be met by the regional funding institution and the detailed procedure for conducting the competition, which will emert from the regional funding institution, taking into account the in view of the need to ensure professional execution of commissioned tasks and to ensure the participation of representatives of local authorities of competent voivodships in the work of the competition committee.
Art. 6e. [ Entruning the voivodship to the official work of certain activities] 1. The Agency may, by contract concluded with the competent authority of the voivodship, entrust the voivodship with the official work of carrying out certain activities related to the implementation by the Agency of programmes from the scope referred to in art. 4 par. Article 1 (5), and in particular the monitoring of the implementation of projects carried out with the assistance of the Agency.
2. To entrust the voivodship to the official work of the activities referred to in the paragraph. 1, no public procurement rules shall apply.
Article 6f. [ Data relating to entities referred to in art. 6b] 1. Data relating to entities referred to in art. 6b, including the data contained in the requests for financial assistance submitted by them, in particular on the methodology, description, design concept, planned or achieved indicators or results, financial and organisational potential in this the technical facilities of the applicant not subject, on the basis of separate disclosure provisions in the relevant registers, records or inventories, may be made available by the Agency only at the request of the authorities of public administrations and bodies. legal protection on the basis of separate regulations or entities to which The Agency has entrusted or delegated tasks to the extent necessary for the performance of those tasks.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the entities to which the Agency has entrusted or commissioned the performance of the tasks.
Article 7. [ Statute Of The Agency] 1. The Agency shall act on the basis of statute and statutes
2. The Minister responsible for economic affairs shall, by way of order, give the Agency the statutes, which shall define its internal organisation.
Article 8. [ The Agency's bodies] The Agency shall be:
1. President of the Agency, hereinafter referred to as "the President";
2) the Supervisory Board, hereinafter referred to as the "Council".
Article 9. [ President of the Agency] 1. The President shall direct the activity of the Agency and represent it externally.
2. The President shall be entitled to act independently on behalf of the Agency. The President may, for the purpose of legal action, appoint representatives who are acting in the field of strengthening.
3. The tasks of the President shall be in particular:
1) the development of draft annual action plans and draft financial plans of the Agency;
2) drawing up annual reports on the Agency's activities;
3) the management of the Agency's assets.
4. The Minister responsible for economic affairs, at the request of the President, shall appoint the Deputy President in the number of up to 5 persons, from among the persons selected in the open and competitive recruitment. The Minister responsible for the economy is canceling the President's deputies.
4a. The recruitment team for the posts referred to in paragraph 1. 4, shall be appointed by the President.
4b. To conduct recruitment for the posts referred to in paragraph 1. 4, the provisions of Article 4 shall apply mutatis mutandis. 10 para. 2-11.
5. (repealed).
Article 10. [ Appointment Of President Of The Agency] 1. The President appoints the minister responsible for economic affairs, from among those who are on the open and competitive recruitment, after having consulted the Minister responsible for regional development. The Minister responsible for economic affairs refers to the President.
2. The position of the President may occupant a person who:
1) holds a master's professional title or equivalent;
2) is a Polish citizen;
3) benefit from full public rights;
4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;
5) has managerial competence;
6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;
7) has an education and knowledge of the issues belonging to the Agency's properties.
3. Information on the position of the President shall be announced by placing the advertisement in a place which is widely available at the Agency's premises and in the Public Information Bulletin, as referred to in the Act of 6 September 2001. on access to public information (Dz. U. No 112, pos. 1198, with late. ism.), and the Public Information Bulletin of the Chancellery of the Prime Minister. The notice shall include:
1. the name and address of the Agency;
2. determination of the position;
3) requirements related to the position resulting from the provisions of law;
4) the scope of the tasks performed on the post;
5) an indication of the required documents;
6) deadline and place of submission of documents;
7. information on the methods and techniques of recruitment.
4. The term referred to in paragraph 3 point 6, shall not be less than 10 days from the date of publication of the notice in the Public Information Bulletin of the Chancellery of the Prime Minister.
5. The panel, appointed by the minister responsible for economic affairs, shall be held by the Minister for the position of the President, after consulting the Minister responsible for regional development, with at least 3 persons whose knowledge and experience give a guarantee. the selection of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.
6. Assessment of the knowledge and managerial competence referred to in the paragraph. 5, may be made at the request of the team by a non-member of the team who has the appropriate qualifications to make this assessment.
7. Member of the team and the person referred to in paragraph. 6, they have the obligation to keep in secret information concerning the applicants for the post obtained during the recruitment process.
8. In the course of the selection, the panel will emerges no more than 3 candidates, which are represented by the Minister of the Economy.
9. The assembly shall draw up a protocol containing the following:
1. the name and address of the Agency;
2) determining the position for which the recruitment was conducted, and the number of candidates;
3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;
4. information on the methods and techniques used for the recruitment;
5) justification of the choice made or the reasons for the nominee's failure;
6) composition of the team.
10. The result of the recruitment shall be announced immediately by the inclusion of the information in the public information bulletins referred to in paragraph 1. 3. Information on the outcome of the recruitment shall include:
1. the name and address of the Agency;
2) determination of the position for which the recruitment was conducted;
3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.
11. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of the recruitment and the result of this recruitment is free of charge.
Article 11. (repealed).
Article 11a. [ Recruitment of candidates for vacant posts in the Agency] 1. The recruitment of candidates for employment on vacant posts in the Agency shall be open and competitive.
2. The notice of the establishment shall be published in the Public Information Bulletin, as referred to in the Act of 6 September 2001. on access to public information (Dz. U. No 112, pos. 1198, with late. zm.), and in a place commonly available in the organizational unit in which the recruitment is conducted.
Article 11b. [ Information about candidates who have made a call for recruitment] Information on candidates who have made reference to recruitment shall constitute public information within the scope of the requirements set out in the notice of recruitment.
Article 11c. [ Deadline for submission of documents] The time limit for the submission of documents, as specified in the notice of appointment, shall not be less than 14 days from the date of publication of this notice in the Public Information Bulletin.
Article 11d. [ Disseminating the list of candidates] 1. After the expiry of the time limit for the submission of the documents specified in the notice of recruitment, the list of candidates who meet the formal requirements specified in the notice of recruitment shall be disseminated without delay, by placing it in a widely available place in the organisational unit in which the recruitment is carried out, and by publishing it in the Public Information Bulletin.
2. The list referred to in paragraph. 1, contains the name of the candidate and his/her place of residence within the meaning of the provisions of the Civil Code.
Art. 11e. [ Protocol for the selection of candidates] 1. A record of the recruitment of candidates for job vacancies at the Agency shall be drawn up.
2. The Protocol shall include in particular:
1) determining the position of the work for which the recruitment was conducted, the number of candidates and the names, surnames and addresses of no more than 5 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the appointment;
2. information on the methods and techniques used for the recruitment;
3) justification of the choice made.
Article 11f. [ Information on the result of recruitment] 1. Information on the result of recruitment shall be disseminated within 14 days from the date of employment of the selected candidate or termination of the recruitment, where no candidate has been employed in his result.
2. The information referred to in paragraph 1. 1, contains:
1. the name and address of the office;
2) determine the position of the work;
3) the name of the candidate and his place of residence within the meaning of the provisions of the Civil Code;
4) justification of the choice made by the candidate or justification for the non-employment of any candidate.
3. Information on the result of recruitment shall be disseminated in the Public Information Bulletin and in a place which is widely available in the organisational unit where the recruitment was conducted.
Art. 11g. [ Another person among the best candidates listed in the protocol] If the employment relationship of a person who has been chosen by recruitment has ceased within three months of the date of establishment of the employment relationship, another person may be recruited from among the best candidates listed in the minutes of the recruitment. The provisions of Article 4 11f shall apply mutatis mutandis.
Article 12. [ Council tasks] 1. The tasks of the Council shall be:
1) the opinion of draft annual action plans and draft amendments to those plans;
2) periodic evaluation of the implementation of the Agency's annual action plans;
3) analyse the effectiveness of the activities undertaken by the Agency;
4) the opinion of the Agency's activity reports;
5. supervision of the financial economy of the Agency;
5a) approval of the auditor's choice to audit the financial statements of the Agency, carried out by the Agency in accordance with the procedure laid down in the public procurement rules;
6) setting the amount of remuneration of the President and his deputies, taking into account the provisions of the Act of 3 March 2000. awarding of persons directing certain legal entities (Dz. U. Nr 26, pos. 306, z późn. zm.);
7) perform other tasks specified in the Act.
2. The President shall, without delay, make available to the Council, upon request, any documents relating to the Agency's activities.
Article 13. [ Composition of the Council] 1. The Council shall count between 4 and 11 members.
2. The President, the Deputy Chairperson and the other members of the Council shall appoint, subject to paragraph. 3-6, and refers the Minister responsible for economic affairs from among persons who:
1) meet the conditions laid down in the regulations o Commercialisation and privatization of state-owned enterprises [ 4] , concerning candidates for the members of supervisory boards of companies in which the State Treasury is the sole shareholder, and
2. have experience in the development or implementation of programmes in the scope referred to in art. 4 par. 1.
3. The Minister responsible for the economy, at the request of the Minister responsible for the work, shall appoint the 2 members of the Council; in the proposal the minister responsible for labour shall take into account the candidate from among the persons reported by the employers ' organisations representative of the the meaning of the Act of 6 July 2001. about the Tripartite Commission for Economic and Social Affairs and provincial committees of social dialogue (Dz. U. No 100, pos. 1080, with late. zm.).
4. The Minister responsible for economic affairs, at the request of the Minister responsible for public finance, shall appoint a 1 member of the Council.
4a. The Minister responsible for economic affairs, at the request of the Minister responsible for regional development, shall appoint a 1 member of the Council.
5. Minister of the competent economic affairs, at the request of nationwide organizations of associations of entrepreneurs, acting on the basis of:
1) of the Act of 22 March 1989. o handicraft (Dz. U. of 2002. No. 112, item. 979 and 2003 No. 137, item. 1304),
2) of the Act of 30 May 1989. o the professional self-governing body of some entrepreneurs (Dz. U. Nr 35, pos. 194 and 1997. Nr 121, pos. 769 and 770),
3) of the Act of 30 May 1989. o Economic Chambers (Dz. U. Nr 35, pos. 195, of late. zm.),
appoint 3 members of the Council.
6. Minister responsible for economic affairs, at the request of the co-chairman of the Commission of the Joint Government and the Local Government representing the local government, to which the candidate reports the Marshals of the voivodships, shall appoint 1 member of the Council.
7. The applications referred to in paragraph 1. 3-6, should be accompanied by copies of the documents confirming the candidates ' fulfilment of the conditions set out in the paragraph. 2.
(8) The term of office of the Council shall be 4 years and shall begin on the date of the appointment of the President of the Council and of at least 3 members
9. The remuneration of members of the Supervisory Boards of companies in which the State Treasury is the sole shareholder shall apply to the remuneration of the members of the Council.
10. The Council shall provide administrative support to the President.
Article 14. [ Annual Action Plan and Financial Plan] 1. The Agency shall act in accordance with the annual action plan and the annual financial plan referred to in the Act of 27 August 2009. on public finances (Dz. U. Nr. 157, pos. 1240, with late. zm.).
1a. (repealed).
2. (repealed).
3. Until the date of approval of the annual action plan and the financial plan. The Agency shall act on the basis of the draft plans.
4. The draft annual financial plan shall be forwarded by the President of the Agency to the Minister responsible for economic affairs in accordance with the provisions relating to the work of the draft budget law.
4a. The President of the Agency shall, by 1 December of each year, forward to the Minister responsible for Economic Affairs the draft plan of action of the Agency in the following financial year, together with the Council's opinion.
5. (repealed).
5a. (repealed).
5b. The President shall, within 45 days of the end of each quarter, except the last quarter of the financial year, submit to the Minister responsible for Economic Affairs the report on the implementation of the Agency's plan of action and financial plan for the quarter concerned, with the opinion of the Council, with a view to making the assessment referred to in Article 175 par. 1 of the Act of 27 August 2009. on public finances.
5c. The Minister responsible for the economy, after the announcement of the Budget Act in the Journal of Laws of the Republic of Poland, immediately approves the draft action plan and passes the Minister with the competent public finance affairs to the news.
5d. In the event of a revision of the draft financial plan as a result of the work on the Budget Act. The President of the Agency shall amend the draft action plan and forward it without delay, together with the opinion of the Council, for the approval of the Minister responsible for Economic Affairs.
If necessary, the President of the Agency shall forward the revised action plan, together with the opinion of the Council, to the Minister for Economic Affairs, if necessary, to amend the action plan during the financial year.
5f. Approved, in accordance with the paragraph. 5d or 5e, the action plan of the Minister responsible for economic affairs shall be transmitted immediately to the Minister responsible for public finance.
6. The President shall, by 30 April each year, submit to the Minister responsible for the approval of the Minister the following documents relating to the previous financial year:
1) the financial statements, drawn up in accordance with the accounting regulations, together with the opinion of the auditor;
2) a report on the implementation of the financial plan;
3) a report on the activities;
4) opinion of the Council concerning the documents referred to in points 1 to 3.
6a. Minister responsible for the economy before carrying out the activities referred to in paragraph 1. 5c-5e and 6, shall consult the Minister responsible for regional development and the Minister of the competent labour affairs. The Minister for Regional Development and the Minister responsible for Labour shall deliver their views within 14 days from the date of receipt of the draft Action Plan or of the amendment thereto.
7. The Agency's financial year shall be the calendar year.
(8) The Agency's action plan in the first financial year shall be submitted by the Minister to the Minister responsible for Economic Affairs within one month from the date of entry into force of the Act. If, by that time, the Council has not been appointed, the President shall submit a plan to the Agency without the opinion of the Council.
Article 15. [ Financial Economy] 1. The Agency conducts a self-contained financial economy.
2. The Agency's revenue shall be:
1. subsidies from the State budget earmarked for:
(a) the implementation of the tasks of the Agency, including the co-financing of programmes and projects financed with the participation of European measures,
(b) financing or financing the Agency's investments;
1a) (repealed);
2. measures coming from the European Union's pre-accession funds, intended for the tasks of the Agency, whose accounting service, on the basis of agreements, shall be carried out by the Agency;
(3) financial contributions from the State budget to cover the day-to-day management costs of the Agency's tasks as referred to in Article 3 (2) of the EC 4 par. 1 and 1a, including the costs incurred by the regional financing institutions;
4) interest on free funds provided in the deposit in accordance with the provisions on public finance;
5) income from the payment for services provided by the Agency or publications;
(6) revenue from the transfer of funds referred to in Article 6. 34d ust. 4 of the Act of 8 May 1997. on the guarantees and guarantees provided by the State Treasury and certain legal persons (Dz. U. 2003 r. No. 174, item. 1689, from late. zm.);
7) revenues from other titles.
3. The costs of the Agency's activities, including salaries of employees, shall be covered by its revenues.
4. The rules of remuneration of employees of the Agency shall be determined by the rules of remuneration, as determined by the President, with the consent of the minister responsible for economic affairs, after consultation of the Council.
(5) The Agency shall allocate the measures referred to in paragraph 5. Article 2 (2) (6), for the provision of support for the increase in loan funds.
6. The Agency may enter into loans and loans, in particular in the international financial institutions, and provide guarantees of loans taken by the regional financing institutions, with the consent of the Minister responsible for economic affairs and the Minister responsible for public finance, subject to paragraph. 7.
(7) The borrowing of loans by the Agency or the guarantee by the Agency of loans the total repayment of which is in the financial year in which it was incurred, up to a maximum of 20% of the sum of the funds referred to in Article 4 (2) of the said Article. 16 ust. 1 (1) and (2) shall not require the consent referred to in paragraph 1. 6.
8. The rules of conduct by the Accounting Agency determine the provisions of the Act of 29 September 1994. of accounting (Dz. U. of 2002. Nr 76, pos. 694, with late. zm.) and separate regulations for public finance sector entities.
Art. 15a. [ Claims and claims of the Agency] (1) The President of the Agency may cancel, in whole or in part, postpone or postpone the payment of the Agency's receivables and receivables from the financial assistance provided by the Agency:
1. other than:
(a) from the Structural Funds, excluding the Sectoral Operational Programme, the growth of the competitiveness of enterprises, 2004-2006 and the Sectoral Operational Programme for the Development of Human Resources 2004-2006 adopted by the provisions of the Article 1 17 para. 5 of the Act of 20 April 2004. o National Development Plan (Dz. U. No 116, item. 1206, with late. zm.),
(b) as specified in Article 5 par. 3 points 2, 5 and 6 of the Act of 27 August 2009. on public finances;
(2) intended to finance programmes and projects carried out from measures other than:
(a) from the Structural Funds, excluding the Sectoral Operational Programme, the growth of the competitiveness of enterprises, 2004-2006 and the Sectoral Operational Programme for the Development of Human Resources 2004-2006 adopted by the provisions of the Article 1 17 para. 5 of the Act of 20 April 2004. o National Development Plan,
(b) as specified in Article 5 par. 3 points 2, 5 and 6 of the Act of 27 August 2009. on public finances.
2. The killing of receivables and receivables of the Agency in the title of financial assistance granted to the entrepreneur in the case referred to in the paragraph. In accordance with the provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006, points 1, 2a and 4 constitute aid to that entity. on the application of Article 87 and 88 of the Treaty to de minimis aid (Dz. Urz. EU L 379, 28.12.2006, p. 5).
(3) The duties and claims of the Agency may be decommitted if at least one of the following conditions occurs:
1) receivables and receivables have not been recovered as a result of the winding-up or bankruptcy proceedings or
2) there is a reasonable presumption that in the enforcement proceedings the amount higher than the costs of the investigation and execution of the receivables and receivables of the Agency, or the enforcement proceedings proved ineffective, or
2a) the total amount of receivables or receivables attributable to the Agency from one entity does not exceed 100 PLN, or
(3) the place of residence or stay of the debtor who is a natural person or the debtor has not been established, leaving no property or left the movable property not subject to enforcement on the basis of separate provisions or left the objects daily household use, the total value of which does not exceed the amount of three times the average monthly salary in the year preceding the redemption, announced by the President of the Central Statistical Office in the Official Journal The Republic of Poland "Monitor Polski" for the purposes of calculating the write-off on the establishment of a social benefit fund, or
4) execution of receivables and receivables of the Agency threatens important interests of the debtor, including his existence, or if the debtor has become incapable of conducting business activity, or
5) the debtor who is a legal person has been deleted from the National Court Register, while there is no property from which the Agency's receivables and receivables could be enforced, and the liability for receivables and receivables of the Agency is not is transferred from the power of the law to third parties.
3a. The due date for the payment of all or part of the claims and claims of the Agency may be deferred or repaid in full or in part of those receivables and receivables spread over instalments, if their execution periodically threatens the important interests of the debtor, including his of existence, there is a reasonable assumption that the debtor and receivables and receivables will be returned at a later date.
(b) The payment of the time limit or the payment to the instalment of all or part of the Agency's claims and claims on financial assistance granted to the trader constitutes aid to that entity and shall be made in accordance with the provisions of the Commission Regulation. (EC) No 1998/2006 of 15 December 2006. on the application of Article 87 and 88 of the Treaty to de minimis aid, provided that the value of the aid calculated in accordance with the provisions issued on the basis of art. 11 (1) 2 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404, 2008 Nr 93, pos. 585 and 2010 Nr 18, pos. 99) shows a positive value.
4. The killing of receivables and receivables of the Agency, for which the debtors are jointly and severally liable, may occur if the circumstances justifying the write-off take place on all debtors.
5. Where the amount to be remitted, postponed or distributed over the instalment of their repayment exceeds PLN 5 000, redemption of the Agency's receivables and receivables, deferral or reschedules of their repayment requires the consent of the minister competent to the cases economies.
6. The killing of receivables and receivables of the Agency, deferral or payment on the instalment of their repayment shall be effected upon request of the debtor, subject to the paragraph. 7.
7. The President of the Agency may waive the claim and the claim without the debtor's application in the cases referred to in paragraph. 3 points 1 to 3 and 5.
8. Where the amount to be remitted exceeds 5 000 PLN, the information about that redemption, covering the name and seat of the debtor who is the legal person or the name and place of residence of the debtor who is a natural person, purpose of the award financial assistance, a premise and the amount of redemption, shall be public information within the meaning of the provisions on access to public information and shall be made available immediately in the Public Information Bulletin.
Art. 15b. [ Proposal for a debtor] 1. The application referred to in art. 15a ust. 6, should include in particular:
1) the name, seat and address or first name, surname, place of residence and address of the applicant and the number of the applicant's NIP,
2) the amount of receivables or receivables, with interest extraction,
3) indicate the reason for applying for the remission of all or part of the debt, postponement or disbursing on the instalment of its repayment.
4) information on the debtor's current property situation,
(5) whether the applicant has already been remitted to the Agency or the Agency's claim, has been postpone or has been decommitted into instalments of payment.
-subject to paragraph. 2.
2. An application for a deferral, an extension to repayment instalments or partial remission, in addition to the elements specified in the paragraph. 1, it shall also include:
1) the proposed terms and amounts of debt repayment;
2. an indication of the sources of the payment of the debt repayment within the time limits referred to in point 1.
3. The applicant shall attach supporting documents or justifying the circumstances referred to in paragraph 3 to requests for remission or partial remission, postponement or rescheduling of repayment. 1 point 4 and art. 15a ust. 1-4.
4. The President of the Agency may request the applicant to complete the documents referred to in paragraph 1. 3, within 14 days.
5. In the event of failure by the applicant to meet the time limit referred to in paragraph. 4, the application is not subject to consideration and shall be returned to the applicant.
Art. 15c. [ Agreement between the Agency and the debtor] 1. The killing of receivables and receivables of the Agency, deferral or payment on instalments of their repayment shall be made on the basis of an agreement concluded between the Agency and the debtor, except in the cases referred to in art. 15a ust. 3 points 1 to 3 and 5.
2. The contract referred to in paragraph 2. 1, shall specify in particular:
1) conditions for repayment of the remaining part of receivables and receivables-in case of redemption of them in part;
2) the terms and conditions for repayment of receivables and receivables-in the case of a deferral or payment of repayment into instalments.
3. In cases not regulated in the contract referred to in paragraph. 1, the provisions of civil law shall apply.
Article 16. [ Funds created by the Agency] 1. The Agency shall create:
1) the statutory fund;
(2) the reserve fund;
3) other funds, if the obligation to create them is due to the provisions of the law.
2. The Agency's statutory fund shall consist of the net equivalent of fixed assets, intangible assets and other assets, constituting the Agency's equipment as at the date of its commencance of its activities.
3. The net profit of the Agency for the financial year shall be allocated to the reserve fund.
(4) The net loss of the Agency for the financial year shall be borne by the reserve fund. If the net loss is higher than the reserve fund, part of the loss not covered by the reserve fund shall be borne by the statutory fund.
5. The activities referred to in paragraph 1. 3 and 4 shall be decided by the Council.
Article 17. [ Liquidation of the Polish Foundation for the Promotion and Development of Small and Medium-sized Enterprises] 1. The Polish Foundation for the Promotion and Development of Small and Medium-sized Enterprises, the sole funder of which is the State Treasury, hereinafter referred to as the "Foundation", shall be liquidated as of the date of entry into force of the Act.
2. On liquidation of the Foundation:
1) The Agency takes over the liabilities and receivables and the funds and other assets of the Foundation as well as the documents held by it;
2. The Agency shall become a party to the agreements in force by the Foundation, except that the provisions of point 3 shall apply to contracts of employment;
3) the Foundation's employees become employees of the Agency and the provisions of the art are applied to them. 23 1 § 3 and 4 of the Labour Code.
3. The Agency shall be exempt from taxes and other public tributes for the acquisition of the Foundation's property.
4. The Agency uses property funds taken over from the Foundation for the realization of the aims of which the Foundation served.
5. An entity which is a party to a mutual agreement concluded with the Foundation may, within 30 days from the date of entry into force of the Act, waiver this agreement, informing the President. In this case, the provisions of the agreement shall apply to the settlement of reciprocal claims, and if the agreement does not regulate this situation-the provisions of the Civil Code.
Article 18. [ The Board and liquidator of the Foundation] 1. The President, appointed in accordance with art. 21 (1) 1, from the day of appointment to the day of entry into force of the Act shall act as the liquidator of the Foundation.
2. The establishment of the liquidator shall not result in the termination of the Foundation's Management Board.
3. The Management Board of the Foundation in the period from the date of establishment of the liquidator until the day of closing of the Foundation's accounts may draw up new obligations only to the extent necessary to carry out the tasks of the Foundation and in the agreement with the liquidator.
4. The confiner shall close the Foundation's accounts for the day preceding the date of entry into force of the Act and draw up the financial statements at the closing date of the accounts.
5. At the request of the liquidator the Management Board of the Foundation shall make available any documents of the Foundation
6. The originator shall order the examination of the financial statements referred to in paragraph. 4, the statutory auditor.
Article 19. (bypassed).
Article 20. (bypassed).
Article 21. [ Appointment for a first term of office] 1. For the first term of office, the minister responsible for economic affairs shall appoint the President without the conduct of the procedure laid down in the article. 10 para. 1.
2. Floated in accordance with the mouth. 1 The President, in the period from the day of appointment to the date of entry into force of the Act, shall draw up a plan of action of the Agency referred to in art. 14 para. 8, and the organisational concept of the Agency.
3. At the request of the President, the Management Board of the Foundation will make available the materials and information necessary for the development of the documents referred to in the paragraph. 2.
4. For the activities referred to in paragraph. 2 and in Article 18, the President shall be entitled to the remuneration payable by the Foundation, the amount of which shall be determined by the Minister responsible for economic affairs, in the act of appointment.
5. The first term of office of the President shall start on the day of the entry into force of the Act and lasts a year. Provisions art. 11 (1) 2 -5 shall apply mutatis mutandis.
6. The first term of office of the Council shall start on the date of entry into force of the Act.
Article 22. [ Entry into force] The Act shall enter into force on 1 January 2001, with the exception of Article 1. 18 and art. 21, which shall enter into force after 14 days from the day of the announcement.
[ 1] Article 4 (1) 1a as set out by the Article. 77 point 1 lit. a) of the Act of 11 July 2014. on the principles of implementation of cohesion policy programmes financed in the financial perspective 2014-2020 (Journal of Laws pos. 1146). The amendment came into force on 13 September 2014.
[ 2] Article 4 (1) 1b added by Art. 77 point 1 lit. b) of the Act of 11 July 2014. on the principles of implementation of cohesion policy programmes financed in the financial perspective 2014-2020 (Journal of Laws pos. 1146). The amendment came into force on 13 September 2014.
[ 3] Article 6b (b) 10a added by art. 77 point 2 of the Act of 11 July 2014. on the principles of implementation of cohesion policy programmes financed in the financial perspective 2014-2020 (Journal of Laws pos. 1146). The amendment came into force on 13 September 2014.
[ 4] Currently: on commercialization and privatization, according to art. 23 of the Act of 5 December 2002. amending the Act on the rules of exercise of powers conferred on the State Treasury, the Act on the commercialisation and privatization of SOEs and certain other laws (Dz. U. No 240, pos. 2055), which entered into force on 15 January 2003.
