The Act Of 9 November 2000 On The Establishment Of The Polish Agency For Enterprise Development

Original Language Title: USTAWA z dnia 9 listopada 2000 r. o utworzeniu Polskiej Agencji Rozwoju Przedsiębiorczości

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Article. 1. [Poland Business Development Agency] 1. A Polish Agency for enterprise development, hereinafter referred to as "the Agency".

2. the Agency is a State legal person.

3. The Agency shall be located in the city of Warsaw.

4. the Agency may create branches in the country.

Article. 2. [reporting relationship to the Minister competent for Economic Affairs], the Agency is subject to the competent Minister for Economic Affairs.

Article. 3. [Definitions] 1. Whenever the law is talking about entrepreneurs, understood the trader within the meaning of the provisions of the Act of 2 July 2004, the freedom of economic activity (OJ No 173, item 1807. as amended).

2. Whenever the law is made of mikroprzedsiębiorcy, a small or medium-sized entrepreneurs, should be understood accordingly mikroprzedsiębiorcę, small or medium entrepreneur meeting the conditions set out in annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of article 2. 87 and 88 of the Treaty (General block exemption regulation) (OJ. EC-L 214 of 09.08.2008, p. 3).

3. Whenever by this Act, to the extent provided by the Agency, financial assistance, reference is made to the employee, it should be understood: 1) of the employee within the meaning of article 3. 2 of the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended.);

2) person performing work on the basis of an agency agreement, contract or other agreement for the provision of services, to which in accordance with the Civil Code shall apply the rules concerning the order or contract, if the contract concluded with the employer, which remains in the employment relationship, or if the agreement works for an employer, with which it remains in the employment relationship;

3) owner of the acting positions;

4) partner in the partner leading the regular activity in the enterprise and drawing from it.

Article. 4. the [Tasks] 1. The Agency carries out government tasks that were defined for it in the development of the economy, in particular in supporting: 1) entrepreneurs, in particular micro, small and medium-sized enterprises and persons wishing to take up an economic activity;

2) export;

3) regional development;

4) innovative activity within the meaning of the provisions on certain forms to support innovative activity;

5) the creation of new jobs, the prevention of unemployment and the development of human resources;

6) the development of an adaptive business.

1a. the Agency participates in the implementation of operational programmes referred to in the Act of 20 April 2004 on the national development plan (Dz. u. Nr 116, poz. 1206, as amended), in the Act of 6 December 2006 on the basis of policy development (OJ of 2009. # 84, item. 712, as amended) and in the Act of 11 July 2014. the principles of cohesion policy programmes financed in the financial perspective 2014-2020 (OJ L. U. 1146): [1] 1) as the implementing institution (intermediary tier) or relying party, the granting of financial assistance to the beneficiaries referred to in article 4. 6B ust. 1 or 2) as the beneficiary.

1B. [2] the Agency may act as the implementing entity financial instrument or Fund of funds referred to in the regulation of the European Parliament and of the Council (EU) No 1303/2013 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 and Fisheries Fund 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 1083/2006 (OJ. EU L 347, 20.12.2013, p. 320).

2. the Agency does not take action, the objective of which is profit.

2A. The tasks of the Agency, referred to in paragraph 1. 1, paragraph 1, in particular: 1) an examination of the role of micro, small and medium-sized enterprises in the economy;

2) analyzing the administrative, legal and financial barriers to the development of micro, small and medium-sized enterprises;

3) development of annual reports to the extent specified in paragraph 2 and their dissemination, including by posting on the website;

4) to collect and share information about programs of aid within the meaning of the provisions of the procedure in matters of State aid.

3. (repealed).

4. the tasks of the Agency, referred to in paragraph 1. 1 paragraph 4, in particular: 1) for the implementation of the objectives of innovation policy;

2) supporting and promoting projects, including programs, Central and regional innovation development;

3) preparation and implementation of their action programmes to support innovation activities;

4) assist Government and local administration in collecting and processing data on the needs of the national economy in terms of innovation;

5) to support the activities surrounding companies for growth and innovation of enterprises and the economy, such as: research institutes, research and development centres, technology transfer centres, business incubators and technology parks;

6) international cooperation in the field of the promotion and development of innovation.

Article. 4A. [financial assistance in support of export] 1. In supporting the export of the competent minister for Economic Affairs may directly provide financial assistance which is State aid concerning in particular: the participation of entrepreneurs in the exhibition and trade fair events, economic missions, the implementation of the trade promotion projects, Polish Houses projects, obtain product certificates, training on the subject of foreign trade, organization of conferences, seminars, workshops and publishing ventures.

2. the Council of Ministers will determine, by means of regulations, the purpose of the aid referred to in paragraph 1. 1, the conditions of its admissibility, the award and its method of monitoring, taking into account the need for efficient and effective use of the aid and to ensure the transparency of its grant.

Article. 5. [Entrusting tasks to carry out Agency] public finance sector entities may, with the agreement of the Minister responsible for the economy, to entrust the Agency tasks for them.

Article. 6. [tasks] 1. The Agency carries out the tasks, in particular by: 1) the provision of advisory services;

2) organising training and seminars;

3) organisation of information projects, promotion, trade fairs and exhibitions in the country;

4) to organize, in consultation with the relevant institutions, information and promotion activities abroad;

5) to collect and share information relevant for unemployed persons and entities referred to in article 1. 6B ust. 1;

6) developing, issuing and distributing publications;

7) the provision of expert services, including government bodies and bodies of local government units;

8) under the name "the National System of services for small and medium-sized enterprises", hereinafter referred to as "KSU", registry operators, which provide the proper provision of advisory services, training, information and financial micro-entrepreneurs, small and medium-sized businesses and taking economic activity;

8A) in the framework of the register referred to in paragraph 8, the registry operators for innovation under the name "national innovation network";

9) promoting entities referred to in point 8 and 8a, organising cooperation between them and the provision of advisory services on their behalf, training and information;

10) provision of financial assistance to: (a)) on the activities referred to in points 1 to 6 and 11, carried out by third parties, (b)) training, consulting services or support investment entrepreneurs, in particular, the growth of their competitiveness or innovation, c) the actions referred to in article 3(1). 6B ust. 5, d) strengthening of the potential of economic development, innovation, employment, human resource development, or Adaptive potential entrepreneurs, e) obtaining protection and implementation of the protection of industrial property rights, f) projects for the development of technical infrastructure, g) preparation by micro, small and medium-sized enterprises applications for funding projects under the international programs of innovative or participation in these programs, h) adjusting the business to changing market conditions , in particular due to the economic and financial crisis, and restore business capacity) by the operators affected by a natural disaster;

11) adoption, fostering and financing projects in the field of transfer of new technologies within the meaning of the provisions of certain forms of promotion of innovative activity.

2. (repealed).

3. the actions referred to in paragraph 1. 1 paragraphs 1 to 7, the Agency may charge a fee not exceeding the costs.


Article. 6a. [Registration in the National Service System for small and medium-sized enterprises] 1. For registration in the KSU can claim those who: 1) have a potential technical and economic need for the proper provision of the services referred to in article 1. 6 paragraph 1. 1 paragraph 8;

2) ensure the implementation of the services referred to in article 1. 6 paragraph 1. 1 paragraph 8 by persons with the necessary qualifications;

3) have a quality assurance system of services referred to in article 1. 6 paragraph 1. 1 paragraph 8;

4) shall comply with the business rules of professional conduct.

2. the competent Minister for Economic Affairs determines, by regulation, the specific requirements referred to in paragraph 1. 1 and their verification by the Agency, as well as standards for the provision of advisory services, training, information and financial micro-entrepreneurs, small and medium-sized businesses and taking economic activity of entities registered in KSU, driven by the need to ensure the quality of these services.

Article. 6B. [financial aid] 1. In terms of the performance of the tasks of the Agency may provide financial assistance: 1) entrepreneurs, entrepreneurs and individuals wishing to undertake economic activities;

2) operators for economic development;

3) operators for employment, human resource development, or Adaptive potential entrepreneurs;

4) local government units and their associations;

5) actors for innovation;

6) social and economic partners within the meaning of the Act of 6 December 2006 on the basis of policy development;

7) employers ' organisations and organisations representative of Germany within the meaning of the provisions of the Act of 6 July 2001 on the Tripartite Commission for socio-economic and regional social dialogue committees (Journal of laws No. 100, item 1080, as amended);

8) scientific entities within the meaning of article 3. 2 section 9 of the Act of 8 October 2004, the funding policy Science (Journal of laws No. 238, item 2390, with further amendments);

9) with the participation of the associations of local government units.

1a. By the operator for employment, the development of human resources or the Adaptive potential of entrepreneurs is to be understood, in particular: 1) the authority conducting the school or facility operating in the education system;

2) University;

3) scientific body;

4) another legal person, which in accordance with the Statute leads training activities;

5) the trader carrying out an economic activity in training.

2. The financial assistance referred to in paragraph 1. 1, may take the form of: 1) non-repayable financial assistance, hereinafter referred to as "support";

2);

3) financing the cost of services provided by service providers free of charge or for a fee less than the market price.

3. the Agency may not provide support or loans: 1) the trader who is a natural person, if convicted of an offence of giving false testimony, bribery, against property, the reliability of the documents, trafficking of money and securities, traded economic, banking system, penal-fiscal or other associated with the performance of economic activities or committed for financial gain;

2) entity referred to in paragraph 1. 1 paragraphs 1-3 and 5-9, non-natural person, if a member of his governing bodies or partner of a partnership has been convicted of a crime referred to in paragraph 1;

3) entity referred to in paragraph 1. 1 paragraphs 1-3 and 5-9: a) has a backlog of public duties or b) remains under receivership or is in the course of the liquidation or bankruptcy proceedings, or (c)) had violated an agreement with the Agency, for a period of 3 years from the date of termination of this agreement;

4) cooperative entity, to which the court ban on the use of grants, subsidies or other forms of financial support from public funds.

3A. The provisions of paragraph 1. 3 paragraph 3 (b). and does not apply to the trader having a backlog of public duties, applicant or receiving support or a loan to referred to in article 1. 6 paragraph 1. 1, paragraph 10 (a). (h) If this company has entered into an agreement on repayment of the debt, and in a timely manner, newcomer or uses the deferral of the payment deadline.

4. the Agency may refuse to provide support or loans to the company as referred to in paragraph 1. 1 paragraphs 1-3 and 5-9, if it has reasonable doubts as to the proper use.

4A. the Agency may refuse to provide support or loans to the company as referred to in paragraph 1. 1 paragraphs 1-3 and 5-9, if it would lead to work around the rules to support, in particular the conditions symptoms, destination, the intensity or the amount of support.

5. The support provided by the Agency to the company as referred to in paragraph 1. 1 paragraphs 1 to 3 and 5, intended for the construction or enlargement of the extracted in the accounts of the Fund, from which this entity: 1) grants loans, hereinafter called the "fund managers", or 2), hereinafter referred to as the "poręczeniowym Fund", or 3) includes shares or interests in companies who are entrepreneurs in the early stages of development, hereinafter referred to as the "seed capital fund", or 4) invests in the companies mikroprzedsiębiorcami, small or medium-sized businesses , hereinafter referred to as the "venture capital fund" shall be deemed to be used in the amount of actually used by the operator in accordance with the agreement for support on loans, granting of guarantees, placing of the shares, or making investments.

6. the use of the support referred to in paragraph 1. 5, should take place within the period laid down in the contract for the support of no more than 5 years from the date of communication of the amount of support to the company, referred to in paragraph 1. 1 paragraphs 1 to 3 and 5. Over this period, the entity returns to the Agency the unused amount of support and interest resulting from the storage of that amount in the bank account.

7. An entity referred to in paragraph 1. 1 paragraphs 1 to 3 and 5, that the after the end of the term of the contract for support referred to in paragraph 1. 5, without the consent of the Agency abolished the loan fund, poręczeniowy Fund, seed capital fund or venture capital fund or changed the rules for the management of these funds, is obliged to pay the Agency an amount equal to the amount of support, plus interest accrued for tax arrears from the date of liquidation of the Fund or changes in management of the Fund.

8. the Agency shall provide financial assistance by way of urnowy, to which the provisions of the civil code.

9. The agreement referred to in paragraph 1. 8, specifies in particular: 1) specific purpose financial assistance;

2) the size of the financial assistance;

3) detailed rules for the use of financial assistance;

4) payments of financial assistance;

5) supervising the Agency's use of financial assistance;

6) conditions for terminating the contract;

7) conditions for reimbursement of financial aid;

8) in the case of financial assistance intended to enlarge the Fund, referred to in paragraph 1. 5-the 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 on the basis of policy development, in consultation with the competent Minister for Economic Affairs shall, by regulation, the detailed use, conditions and the granting of financial assistance by the Agency under this program , having regard to the need to achieve the objectives set out therein, the efficient and effective use of the aid and to ensure the transparency of its grant.

10A. [3] the competent minister acting as the managing authority for the operational programme, referred to in the Act of 11 July 2014. the principles of cohesion policy programmes financed in the financial perspective 2014-2020, in consultation with the competent Minister for Economic Affairs shall, by regulation, the detailed use, conditions and the granting of financial assistance by the Agency under this program , having regard to the need to achieve the objectives set out therein, the efficient and effective use of the aid and to ensure the transparency of its grant.

11. the competent Minister for Economic Affairs determines, by regulation, the detailed use, conditions and provision of non-financial assistance by the Agency with the operational programmes, taking into account the need to implement the objectives set out in the programmes referred to in article 1. 4 paragraph 1. 1, the efficient and effective use of the aid and to ensure the transparency of its grant.

12. the competent Minister for Economic Affairs may specify, by regulation, the detailed terms and conditions: 1) lending, 2) granting sureties, 3) taking up the shares – with the support measures referred to in paragraph 1. 5, taking into account the need for efficient and effective use of support and ensure the transparency of its grant.


13. the competent Minister for Economic Affairs may specify, by regulation, the detailed use, conditions and the granting of financial assistance by the Agency to the businesses affected by the consequences of the disaster, having regard to the need for rapid and effective grant this aid and its efficient use.

Article. 6 c. [select artist] 1. The entity that applies for assistance for the purchase of goods or services or has the Agency to such support and is not obliged to choose the contractor with the application of the provisions on public procurement, shall select contractors with the preservation of the principles of transparency and fair competition.

2. the body referred to in paragraph 3. 1, may not purchase goods or services from entities related personally or capital. By capital ties or personal means the interrelationship between the entity referred to in paragraph 1. 1, and the contractor, consisting of: 1) to participate in the company as a partner of a partnership or a partnership;

2) possession of shares or at least 5% of the shares;

3) the performance of a member function of the supervisory authority or management, proxy, agent;

4) remain in such a legal relationship or facts that could raise a reasonable doubt as to the impartiality in the selection of contractors, in particular to remain married, consanguinity or affinity in the direct line, consanguinity or affinity in the side line to the second degree or in respect of the adoption, custody or guardianship.

Article. 6 d. [outsourcing of certain tasks of regional sponsoring] 1. The Agency may order regional sponsoring the implementation of certain tasks related to the granting of financial aid, in particular: the promotion, providing information, receiving proposals and monitoring the use of aid. The cost of the implementation by the regional funding body contracted tasks can be covered with the support provided by the Agency.

2. A regional financing institution may be a legal person, that: 1) in accordance with the Statute, contract or other document provided for by the law, in particular the resolution of the competent authority or the approved financial statements, does not work in order to make a profit or allocated profit at least in part for the purposes associated with the tasks carried out by the Agency and where the profit or the measures collected in the framework of the capital or funds are not shared between members;

2) will perform the outsourced tasks by persons having the qualifications necessary to carry out the tasks referred to in article 2. 4 paragraph 1. 1 or paragraph 2. 1A;

3) has a potential economic and technical experience in the implementation of the tasks referred to in article 2. 4 paragraph 1. 1 or 1a.

3. Selection of the best deals on the regional role sponsoring shall be made by way of a competition carried out by the Agency, in agreement with the competent authorities of provinces.

4. Meeting by the regional funding body conditions referred to in paragraph 1. 2 should be confirmed by the audit carried out by the Agency, at least once every 2 years.

5. in the event of a negative result of the audit, referred to in paragraph 1. 4, or in other duly justified cases. The Agency may, after consulting the competent board, carry out the new competition for selection of the appropriate regional sponsoring or assign tasks referred to in paragraph 1. 1 another regional sponsoring until: 1) the correct regional funding body positive audit or 2) settlement re-competition for the selection of the appropriate regional sponsoring, or 3) the completion of the program.

6. the competent Minister of the economy shall determine, by regulation, the detailed requirements that must meet regional funding institution, and a detailed mode of carrying out the contest an emerging regional funding body, taking into account the need to ensure professional execution of commissioned tasks and ensure the participation of representatives of local authorities of the relevant States in the work of the Commission.

Article. 6E. [Entrust wojewódzkiemu Office work some steps] 1. The Agency may, by agreement with the competent management, entrust wojewódzkiemu Office work to perform certain activities related to the implementation of the Agency's programs in the range referred to in art. 4 paragraph 1. 1, paragraph 5, and in particular the monitoring of the implementation of projects involving financial assistance of the Agency.

2. To entrust the wojewódzkiemu Office work activities referred to in paragraph 1. 1, shall not apply the provisions on public procurement.



Article. 6f. [data on the entities referred to in Article 6b] 1. Data on the entities referred to in article 1. 6B, including that submitted by applications for financial assistance, in particular concerning methodology, description, the concept of the project, planned or achieved or results indicators, the financial and organizational capacities in the technical background of the applicant which are not, on the basis of separate provisions presented in the appropriate registers, records for or lists, can be provided only by the Agency at the request of the public authorities and legal protection authorities on the basis of separate provisions or entities , which the Agency has entrusted or mandated tasks, to the extent necessary to accomplish these tasks.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to the persons to whom the Agency has entrusted or commissioned tasks.

Article. 7. [the Statute of the Agency] 1. The Agency operates on the basis of the law and the articles of Association.

2. the competent Minister of the economy, by way of interlocutory procedures, the Agency's Statute, which defines its internal organization.

Article. 8. [bodies of the Agency] Bodies of the Agency are: 1) the President of the Agency, hereinafter referred to as "the Chairman";

2) Supervisory Board, hereinafter referred to as "the Council".

Article. 9. [the President of the Agency] 1. The President directs the Agency's activities and represents it outside.

2. the President shall be entitled to make legal transactions on behalf of the Agency. To make legal the President may establish the agents, who work in the field of restraints.

3. The President shall in particular: 1) developing projects annual action plans and financial plans of the Agency;

2) preparation of annual reports on the activities of the Agency;

3) the exercise of the Board of the estate agency.

4. the competent Minister for Economic Affairs, on a proposal from the President, appoints the Vice-Presidents in number to 5 people out of people selected through an open and competitive recruitment. The competent Minister for Economic Affairs references Vice-Presidents.

4A. The team carrying out recruitment for the posts referred to in paragraph 1. 4, appointed by the President.

4B. How to carry out recruitment for the posts referred to in paragraph 1. 4, shall apply mutatis mutandis the provisions of article 4. 10 paragraph 1. 2-11.

5. (repealed).

Article. 10. [the appointment of the President of the Agency] 1. The President shall appoint the competent minister of the economy, out of people selected through an open and competitive recruitment, after consultation with the Minister responsible for the regional development. The competent Minister for Economic Affairs references.

2. The Office of the President can deal with a person who: 1) has a master's degree in or equivalent;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or tax intentional crime;

5) has the powers of leadership;

6) has at least 6-year length of service, including at least 3 years work experience in a managerial position;

7) has the education and knowledge of matters belonging to the property of the Agency.

3. Information about the vacancy on the Office of the President shall be by placing ads in a place commonly available at the headquarters of the Agency and in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information (Journal of laws No. 112, item 1198, as amended), and the Bulletin of public information the Chancellery. The advertisement should contain: 1) the name and address of the Agency;

2) specifying the position;

3) requirements associated with the position arising from law;

4) the scope of the tasks that you perform on the job;

5) an indication of the required documents;

6) date and place for the submission of documents;

7) information on the methods and techniques of recruitment.

4. the time limit referred to in paragraph 1. 3 paragraph 6, shall be not less than 10 days from the date of publication of the notice in the Bulletin of public information the Chancellery.

5. Recruitment for the Office of the President shall be carried out, the team, appointed by the Minister responsible for Economic Affairs, after consultation with the Minister responsible for the regional development, with at least 3 people whose expertise and experience give a guarantee to identify the best candidates. In the course of recruitment shall be assessed the candidate's professional experience, the knowledge necessary for the exercise of the tasks of the position, which is carried out recruitment and competence management.

6. assessment of the knowledge and competence management, referred to in paragraph 1. 5, can be made on behalf of the team by a person other than a member of a team that has qualified to make this assessment.


7. a member of the team and the person referred to in paragraph 1. 6, are required to maintain the confidentiality of information about applicants for the position, obtained during the recruitment.

8. In the course of the recruitment team emerges not more than 3 candidates, which the Ministry competent for economy.

9. The study recruitment team draws up a protocol containing: 1) the name and address of the Agency;

2) specifying the position, to which was recruitment, and the number of candidates;

3) names, the names and addresses of not more than 3 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

4) about the applied methods and techniques of recruitment;

5) justification for selection or the reasons for the niewyłonienia candidate;

6) the composition of the team.

10. The result of recruitment shall be immediately by placing information in the public information referred to in paragraph 1. 3. information about the outcome of the selection contains: 1) the name and address of the Agency;

2) specifying the position, to which was recruitment;

3) first names, last names of selected candidates and their place of residence within the meaning of the provisions of the civil code or about niewyłonieniu.

11. the inclusion in the Bulletin of public information Chancellery of vacancies and the outcome of this selection is free of charge.

Article. 11. (repealed).

Article. 11A. [the recruitment of candidates for vacancies in the Agency] 1. Recruitment of candidates for employment vacancies in the Agency is open and competitive.

2. the vacancy notice shall be included in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information (Journal of laws No. 112, item 1198, as amended), and in a place commonly available in the organizational unit, which is recruitment.

Article. 11B. [about candidates who volunteered for recruitment] information about candidates who made themselves known to the recruitment, are public information within the scope of the requirements set out in the notice of vacancy.

Article. 11 c [the time limit for submission of documents] deadline for the submission of documents referred to in the notice of vacancy, shall be not less than 14 days from the date of publication of this notice in the Bulletin of public information.

Article. 11 d [dissemination of the list of candidates] 1. After the expiry of the deadline for submission of documents specified in the notice of vacancy shall circulate a list of candidates who fulfil the formal requirements referred to in the notice of vacancy, by placing her in a place commonly available in the organizational unit in which it is carried out the recruitment, as well as by the publication of its public information bulletin.

2. the list referred to in paragraph 1. 1, contains the name of the candidate and his place of residence within the meaning of the provisions of the civil code.

Article. 11e. [Protocol carried out the recruitment of candidates] 1. Shall be drawn up which was carried out the recruitment of candidates for employment vacancies in the Agency.

2. the Protocol shall contain in particular: 1) the term workplace, which was recruitment, the number of candidates and the names, surnames and addresses of not more than 5 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

2) information of the methods and techniques of recruitment;

3) justification for selection.

Article. 11F. [information on the outcome of the recruitment] 1. Information about the outcome of the recruitment to circulate within 14 days from the date of employment of the selected candidate or the completion of recruitment, where, as a result there was no employment of any candidate.

2. The information referred to in paragraph 1. 1, includes: 1) the name and address of the Office;

2) the term workplace;

3) name and surname of the candidate and his place of residence within the meaning of the provisions of the civil code;

4) justification for selection of the candidate or the justification of unemployment of any candidate.

3. information about the outcome of the recruitment disseminates public information bulletin and in place of the commonly available in the organizational unit in which he was driven recruitment.

Article. 11. [the next person out of the best candidates listed in Protocol] if the employment relationship of the person who by means of recruitment had stopped within 3 months from the date of establishing the employment relationship can be employ the same as another person out of the best candidates listed in the Protocol of this recruitment. The provisions of article 4. 11F shall apply mutatis mutandis.

Article. 12. [Task of the Council] 1. The task of the Council to: 1) reviewing projects annual action plans and projects change these plans;

2) periodic assessment of the execution of the annual action plans of the Agency;

3) analyzing the effectiveness of the measures taken by the Agency;

4) reviewing reports of the Agency;

5) oversight of the financial management of the Agency;

5A) confi rm a selection of the auditor to examine the financial statements of the Agency, carried out by the Agency as specified in the provisions on public procurement;

6) fixing the remuneration of the President and his deputies, taking into account the provisions of the Act of March 3, 2000 on the pay gap between managers of certain legal entities (Dz. u. Nr 26, poz. 306, as amended);

7) perform other tasks specified in the Act.

2. the President shall immediately provide to the Council, at its request, any document related to the Agency's activities.

Article. 13. [the Council] 1. The Council counts from 4 to 11 members.

2. The Chairman, Vice-Chairman and other members of the Council shall appoint, subject to the provisions of paragraph 2. 3-6, and referenced by the competent minister for Economic Affairs of people who: 1) shall meet the conditions set out in the rules about the commercialization and privatization of State-owned enterprises [4] concerning the candidates for the members of the supervisory boards of companies in which the State is the sole shareholder, and 2) have experience in the development or implementation of programmes in the range referred to in art. 4 paragraph 1. 1.3. The competent Minister for Economic Affairs, on the proposal of the Minister responsible for Labour Affairs, appoints 2 members of the Council; in the application the competent minister of work takes into account the candidate out of people reported by the employers ' representative within the meaning of the Act of 6 July 2001 on the Tripartite Commission for socio-economic and regional social dialogue committees (Journal of laws No. 100, item 1080, as amended).

4. the competent Minister for Economic Affairs, on the proposal of the proper Minister of public financies, shall appoint 1 member of the Council.

4A. the competent Minister for Economic Affairs, on the proposal of the Minister responsible for the regional development, 1 member of the Council.

5. the competent Minister of the economy, at the request of a national organization of business organisations, operating on the basis of: 1) of the Act of 22 March 1989 on the craft (Journal of laws of 2002 No. 112, item 979 and 2003 # 137, poz. 1304), 2) Act of 30 May 1989 on the professional Regional Council certain undertakings (OJ No 35, item 194, and in 1997, # 121 , item. 769 and 770), 3) Act of 30 May 1989 on economic Chambers (OJ No 35, item 195, as amended), 3 of the members of the Council.

6. the competent Minister for Economic Affairs, on the proposal of the co-Chairman of the Joint Commission of the Government and local authorities representing local government, to which the candidate report marshals, shall appoint 1 member of the Council.

7. requests referred to in paragraph 1. 3-6, should be accompanied by copies of documents proving the fulfillment by the candidates the conditions referred to in paragraph 1. 2.8. The term of Office of the Council lasts 4 years and starts on the date of appointment of the President of the Council and at least 3 of the members of the Council.

9. the remuneration of the members of the Council shall apply mutatis mutandis the provisions about remuneration of supervisory board members of companies in which the State is the sole shareholder.

10. Provision of the Council provides the President.

Article. 14. [an annual action plan and the financial plan] 1. The Agency operates in accordance with the annual action plan and the annual financial plan, referred to in the Act of 27 August 2009. public finance (OJ No 157, item 1240, as amended).

1a. (repealed).

2. (repealed).

3. Until the date of approval of the annual action plan and financial plan. The Agency works on the basis of the projects of these plans.

4. the draft annual financial plan, President of the Agency shall transmit to the competent Minister for Economic Affairs in the mode specified in the work on the project budget.

4A. the President of the Agency, no later than 1 December of each year, transmit to the Minister competent for economy of the draft action plan of the Agency in the next financial year, together with the opinion of the Council.

5. (repealed).

5a. (repealed).

5b. the President shall, within 45 days of the end of each quarter, with the exception of the last quarter of the fiscal year, submit to the competent Minister for Economic Affairs report on the implementation of the action plan and financial plan of the Agency during the quarter concerned, together with the opinion of the Council, in order to make the assessment referred to in article 1. 175 paragraph 1. 1 of the law of 27 August 2009 on public finances.

5 c. the competent Minister of the economy, after the announcement of the budget law in the Official Gazette of the Republic of Poland, shall approve the draft action plan and forward to the Minister competent for the public finances.


5 d. In the event of a change of project financial plan as a result of the work on the budget Act. President of the Agency shall be of a design change of the action plan and forward it forthwith, together with the opinion of the Council, to the approval of the competent Minister for Economic Affairs.

5E. If you need to change the action plan during the financial year, the President of the Agency shall transmit the revised action plan, together with the opinion of the Council, to the approval of the competent Minister for Economic Affairs.

5F., approved, in accordance with paragraph 1. 5 d or 5e, action plan, the competent minister of the economy shall communicate immediately to the Minister competent for the public finances.

6. the President, no later than 30 April of each year, submit to the approval of the Minister competent for Economic Affairs the following documents relating to the previous financial year: 1) the financial statements, prepared in accordance with accounting regulations, together with the opinion of the auditor;

2) report on the implementation of the financial plan;

3) activity report;

4) the opinion of the Council concerning the documents referred to in paragraphs 1 to 3.

6a. the competent Minister of the economy before the activities referred to in paragraph 1. 5 c – 5e and 6, shall consult the Minister responsible for regional development and Minister responsible for the work. The competent Minister for regional development and the competent minister in charge of labour shall submit their reviews within 14 days from the date of receipt of the appropriate project action plan or its amendments.

7. The Agency's Financial Year is the calendar year.

8. The Action Plan of the Agency in the first fiscal year, the President presents to the Minister competent for Economic Affairs within one month from the date of entry into force of the Act. If by that time the Council will be set up, the President presents the action plan of the agency without an opinion of the Council.

Article. 15. [finance] 1. The Agency shall conduct an independent economy.

2. the Revenue of the Agency are: 1) targeted subsidies from the State budget allocated to: a) the tasks of the Agency, including on co-financing of programmes and projects financed with the participation of the European measures, b) financing or investment funding agency;

1A) (repealed);

2) funds from the pre-accession funds of the European Union, intended to carry out the tasks of the Agency, which the accounting service, on a contractual basis, leading the Agency;

3) grants symptoms from the State budget intended to cover the running costs of management carried out by the Agency the tasks referred to in article 1. 4 paragraph 1. 1 and 1a, including the costs incurred by the regional financing institutions;

4) interest from the free resources provided in the deposit in accordance with the provisions of the public finance;

5) income from remuneration for the services provided by the agency or issued by it publications;

6) income from the funds referred to in article 1. 34 d of paragraph 1. 4 of the Act of 8 May 1997 on guarantees and endorsements granted by the State and certain legal persons (Journal of laws of 2003 No. 174, item 1689, as amended);

7) income from other titles.

3. the costs of the Agency's activities, including the compensation of employees, shall be covered from the revenue.

4. Rules for the remuneration of the employees of the agency determines the terms and conditions of remuneration, shall be determined by the President with the consent of the Minister responsible for Economic Affairs, in consultation with the Council.

5. the Agency spent the measures referred to in paragraph 1. 2, paragraph 6, on providing support for the enlargement of the loan funds.

6. the Agency may take out loans and advances, in particular in international financial institutions, as well as surety for loans and borrowings by the regional financing institutions, with the approval of the Minister responsible for the economy and the proper Minister of public financies, subject to paragraph 2. 7.7. Loans or loans by the agency or guarantee its credits or loans, with a total payment of accounts for the financial year in which they were incurred, up to the amount of 20% of the sum of the funds referred to in article 1. 16 paragraph. 1 paragraphs 1 and 2 shall not require the consent referred to in paragraph 1. 6.8. Principles of accounting Agency shall specify the provisions of the Act of 29 September 1994 on accounting (Journal of laws of 2002 No. 76, item 694., as amended.) and separate provisions on the public finance sector.

Article. 15A. [of receivables and receivables Agency] 1. President of the Agency may terminate, in whole or in part, defer or spread out on the instalment repayment of debts and claims of the Agency in respect of financial assistance granted from the measures: 1) other than: a) derived from the structural funds, with the exception of the sector operational programme improvement of the competitiveness of enterprises, 2004-2006 and the Sectoral operational program development of human resources 2004-2006 adopted in legislation issued on the basis of art. 17 paragraph 1. 5 of the Act of 20 April 2004 on the national development plan (Dz. u. Nr 116, poz. 1206, as amended), b) referred to in article 1. 5. 3 paragraph 2, 5 and 6 of the Act of 27 August 2009. public finance;

2) intended for the financing of programmes and projects implemented with measures other than: a) derived from the structural funds with the exception of the sector operational programme improvement of the competitiveness of enterprises, 2004-2006 and the Sectoral operational program development of human resources 2004-2006 adopted in legislation issued on the basis of art. 17 paragraph 1. 5 of the Act of 20 April 2004 on the national development plan, b) referred to in article 1. 5. 3 paragraph 2, 5 and 6 of the Act of 27 August 2009. public finance.

2. Remission of duty and claims of the Agency in respect of the financial assistance granted to the entrepreneur in the case referred to in paragraph 1. 3 paragraphs 1, 2 and 4, provides help for this subject and is made in accordance with the provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of article 81(3). 87 and 88 of the Treaty to de minimis aid (OJ. EU L 379, 28.12.2006, p. 5).

3. Payment and claim the Agency can be remitted, if at least one of the following conditions: 1) receivables and debts not recovered as a result of the winding-up or bankruptcy or 2) it is reasonable to assume that enforcement does not get to the amount in excess of the costs of the investigation and enforcement of import duties and the Agency's claims or enforcement proceedings has proved unsuccessful, or 2a) the total amount of claims or claims per Agency from one entity does not exceed £ 100 , or 3) you can not determine the place of residence or stay of a debtor who is a natural person or the debtor has died, leaving no assets or left movable property subject to execution on the basis of separate provisions or left behind everyday objects, whose total value does not exceed the amount, which is three times the average monthly salary in the year preceding the remission, issued by the President of the Central Statistical Office in the official journal of the Republic of Poland "Polish Monitor" for the purposes of calculating the deduction for social benefit fund share or 4) enforcement of debts and claims the Agency threatens important interests of the debtor, including its existence, or if the debtor became incapable of running a business, or 5) a debtor who is a legal person has been removed from the national court register, while lack of assets, with which to enforce the debts and claims of the Agency, and liability for debts and claims the Agency does not pass by operation of law to any third party.

3A. The maturity of all or part of the debts and claims of the Agency may be extended or the repayment of all or part of these receivables and debts on installment, if their execution periodically threatens important interests of the debtor, including its existence, and there is a reasonable presumption that the debtor these receivables and debts at a later date.

3B. the postponement or staggering on installment repayment of all or part of the debts and claims of the Agency in respect of the financial assistance granted to the entrepreneur provides help for this subject and is made in accordance with the provisions of Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of article 81(3). 87 and 88 of the Treaty to de minimis aid, provided that the value of the aid calculated in accordance with the regulations issued on the basis of article. 11 (1). 2 of the Act of 30 April 2004 procedure in matters of State aid (OJ 2007, # 59, item 404, 2008 No. 93, item 585 and 2010. # 18, item 99) has a positive value.

4. Remission of duty and claims the Agency for which debtors are responsible, jointly and severally, may take place if the circumstances justifying remission occur for all debtors.

5. where the amount to be remitted to postpone or unfolded on installment repayment exceeds 5 000 PLN, remission and claims agencies, defer or spread on the instalment repayment requires the consent of the Minister responsible for the economy.

6. Remission of duty and claims agencies, defer or spread on the instalment repayment occurs at the request of the debtor, subject to the provisions of paragraph 2. 7.


7. the President of the Agency may release the claim and the claim without the application of the debtor in cases referred to in paragraph 1. 3 paragraphs 1 to 3 and 5.

8. where the amount to be remitted in excess of 5 000, the information about the closure, including the name and seat of the debtor is a legal entity or first name and surname and place of residence of a debtor who is a natural person, the purpose of the grant of financial assistance, the condition and the amount of the redemption, is public information, within the meaning of the provisions on access to public information and is immediately available in the Bulletin of public information.

Article. 15B. [application by the debtor] 1. The proposal referred to in article 1. 15A paragraph 1. 6, shall contain, in particular: 1) the name, registered office and address or name, surname, place of residence and address of the applicant and the applicant's tax number, 2) the amount of the debt or claim, with a separate indication of interest, 3) give the reasons for applying for a waiver of all or part of the debt, deferring or of rescheduling its repayments.

4) about the current financial situation of the debtor, 5) whether the applicant has already umarzano the claim or debt Agency, odraczano or rozkładano HP their repayment is subject to the provisions of paragraph 2. 2.2. A request for deferment, the distribution of HP repayment or partial remission, in addition to the items referred to in paragraph 1. 1, should also include: 1) the proposed dates and the amount of the debt;

2) an indication of the sources cover the debt payments within the time limits referred to in paragraph 1.

3. applications for remission or partial cancellation, postponement or staggering the repayment instalments the applicant attaches documents proving or justifying circumstances referred to in paragraph 1. 1 paragraph 4 and article. 15A paragraph 1. 1-4.

4. the President of the Agency may request the applicant to supplement the documents referred to in paragraph 1. 3, within 14 days.

5. In the event of failure by the applicant to the time limit referred to in paragraph 1. 4, the application shall not be subject to the examination and is returned to the applicant.

Article. 15. [Agreement between the Agency and the debtor] 1. Remission and claims agencies, defer or spread on the instalment repayment takes place on the basis of the contract concluded between the Agency and the debtor, with the exception of the cases referred to in article 1. 15A paragraph 1. 3 paragraphs 1 to 3 and 5.

2. The agreement referred to in paragraph 1. 1, shall in particular: 1) the terms of repayment the rest of debts and claims in the case of redemption in part;

2) conditions and terms of payment and claims-in the case of postponement or rescheduling repayment instalments.

3. In the case of matters not regulated by the agreement referred to in paragraph 1. 1, the provisions of civil law.

Article. 16. [Funds created by the Agency] 1. The agency consists of: 1) the statutory fund;

2) Reserve Fund;

3) other funds, if the obligation to create them is apparent from the provisions of the law.

2. the statutory Fund of the agency consists of the equivalent of the net fixed assets, intangible assets and other assets, which are the Agency's equipment on the day of commencement of its operations.

3. The Agency's net profit for the fiscal year shall be allocated to the reserve fund.

4. A net loss of the Agency for the financial year coincides with the reserve fund. If the net loss is higher than the reserve fund, part of the losses uncovered from the reserve fund to coincide with the statutory fund.

5. Activities referred to in paragraph 1. 3 and 4, shall be made by resolution of the Council.

Article. 17. [the liquidation of the Polish Foundation for the promotion and development of small and medium-sized enterprises] 1. Poland Foundation for the promotion and development of small and medium-sized enterprises, whose sole beneficiary is the Treasury, hereinafter referred to as "the Foundation", is liquidated on the date of entry into force of the Act.

2. upon liquidation of the Foundation: 1) the Agency takes over the liabilities and receivables and the financial resources and other assets of the Foundation, as well as the documents in its possession;

2) the Agency becomes a party to the agreements in force, the Foundation that contracts of employment shall apply to the provision of section 3;

3) employees of the Foundation to become employees of the Agency and apply to them the provisions of art. 231 § 3 and 4 of the labour code.

3. the Agency is exempt from taxes and other levies in respect of the acquisition of the assets of the Foundation.

4. the agency uses assets taken over from the Foundation's objectives, where the Foundation has served.

5. the party to the contract of mutual agreement with the Foundation may, within 30 days from the date of entry into force of the Act, to withdraw from this agreement, inform the President. In this case, to the settlement of reciprocal claims shall be governed by the agreement, and if the agreement does not regulate this situation – the provisions of the civil code.

Article. 18. [the Executive Board and the liquidator of the Foundation] 1. The President, appointed in accordance with article 5. 21(1). 1, from the date of appointment to the date of entry into force of the Act serves as the liquidator of the Foundation.

2. The establishment of the liquidator does not cease the activities of the Foundation.

3. The Management Board of the Foundation during the period from the establishment of the liquidator to the date of closure of the accounts of the Foundation may enter into new obligations only to the extent necessary for the performance of the tasks of the Foundation and in agreement with the liquidator.

4. The liquidator shall close the accounts of the Foundation on the day preceding the day of entry into force of the Act and shall draw up the financial statements on the day of closing of the accounts.

5. at the request of the liquidator of the Management Board of the Foundation provides all the documents of the Foundation.

6. The liquidator shall Commission financial statements referred to in paragraph 1. 4, auditor.

Article. 19. (omitted).

Article. 20. (omitted).

Article. 21. [the appointment on the first term] 1. For the first term of the competent minister for Economic Affairs shall appoint the President without the mode specified in the article. 10 paragraph 1. 1.2. Established in accordance with paragraph 1. 1 the President, during the period from the date of appointment to the date of entry into force of the Act, develop a plan of action of the Agency, referred to in article 2. 14 paragraph 1. 8, and the Agency's organizational concept.

3. at the request of the President, the Board of the Foundation will provide material and information necessary to develop the documents referred to in paragraph 1. 2.4. For the actions referred to in paragraph 1. 2 and art. 18, the President is entitled to the compensation payable to the Foundation shall determine the competent minister of the economy, in the Act of calling.

5. the first term of Office of the President begins on the date of entry into force of the Act and takes a year. The provisions of article 4. 11 (1). 2 to 5 shall apply mutatis mutandis.

6. the first Council term begins on the date of entry into force of the Act.

Article. 22. [entry into force] this Act comes into force on 1 January 2001, with the exception of article. 18. 21 which shall enter into force after 14 days from the date of the notice.

[1] Article. 4 paragraph 1. 1A are added determined by art. 77 (1) (a). a) of the Act of 11 July 2014. the principles of cohesion policy programmes financed in the financial perspective 2014-2020 (OJ item 1146). The change came into force on September 13, 2014.

[2] Article. 4 paragraph 1. 1b added by art. 77 (1) (a). (b)) of the Act of 11 July 2014. the principles of cohesion policy programmes financed in the financial perspective 2014-2020 (OJ item 1146). The change came into force on September 13, 2014.

[3] Article. 6B ust. 10A added by art. 77, paragraph 2 of the Act of 11 July 2014. the principles of cohesion policy programmes financed in the financial perspective 2014-2020 (OJ item 1146). The change came into force on September 13, 2014.

[4] Currently: about commercialization and privatization, according to the article. 23 of the Act of 5 December 2002 amending the law on the rules for implementing powers granted to the Treasury, the Act on commercialisation and privatisation of State-owned enterprises and certain other laws (Journal of laws No. 240, poz. 2055), which entered into force on 15 January 2003.

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