Regulation (2012:872) If State Funding Through The Regional Development Corporation

Original Language Title: Förordning (2012:872) om statlig finansiering genom regionala utvecklingsbolag

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2012:872

Introductory provisions



section 1 of the regional development companies may, in accordance with the Act (1994:77)

If the decision-making power for the Regional Development Corporation, in its

areas of activity decide on funding in the form of contributions of

equity capital on a commercial basis or support pursuant to this regulation.

Funding may be provided in order to promote innovation in business

and the establishment of new businesses, as well as for the development of small and medium-sized

companies.



The regional development companies is Almi företagspartner AB

(parent company), a company incorporated in its group and associated companies.



For such support as the work of enterprise development granted under

Regulation (1995:1254) concerning State aid to technological research,

industrial development and inventive activity, but where the

loan receivable transferred to the parent company or any company incorporated in

its Chief Executive, this Regulation shall apply mutatis mutandis.



section 2 of the financing may be provided within the limits laid down by the parent company and in

subject to availability of funds, which the parent company owns or possesses.



The regional companies shall, in its financing activities search

collaboration with other agencies to achieve effective financing solutions

and limit their own effort and risk level.



Financing through injection of equity capital on a commercial basis



section 3 of the investment in the form of equity capital and ägarkapitalliknande

financing shall, subject to this regulation, be at

commercial basis. The requirement on commercial basis is satisfied if a

individual investments in portfolio companies is carried out at the same time and with a minimum of

as large amounts of at least one private commercial operator on equal terms.



For each such investment shall be



1. a business plan with information about products, sales,

profit development and estimated profitability, as well as



2. an elaborate plan for exit from the investment.

Regulation (2015:209).



General provisions on payments



section 4 of the assistance under this regulation is submitted in support of the less

importance in accordance with the conditions and restrictions

resulting from Commission Regulation (EC) No 1407/2013 of

18 december 2013 on the application of articles 107 and

108 of the Treaty on the functioning of the European Union to support

of less importance.



However, under section 14 of the aid be provided in accordance with the

conditions and restrictions set out in chapters I and

Article 22 of Commission Regulation (EC) No 651/2014 of

17 June 2014 declaring certain categories of aid

compatible with the common market under articles 107 and

108 of the Treaty. Regulation (2015:209).



paragraph 5 of the terms and expressions used in this regulation were

the same meaning as in Commission regulations (EC) no

1407/2013 and (EC) No 651/2014.



With repayable advances under this

Regulation a loan for an eligible project, which

be paid in one or more instalments and the conditions for

repayment depends on the results of the project.

Regulation (2015:209).



section 6 of the aid under this Regulation may be submitted in the form of grants,

advice, loans, guarantees, advances with

the repayment obligation or investments in the form of private

equity or quasi-equity.



The applicant for aid in connection with the application, inform

If other financial aid has been applied for or obtained for

the same purpose.



Aid may cover an entire or part of a project. A decision

If the aid may be subject to conditions for the aid. Such conditions

evidenced by the decision. Regulation (2015:209).



7 § in the case of loans, the method set out in the European

Commission communication on the revision of the method for

determine the reference and discount rates used to

determine the market interest rate and to calculate the aid

grant equivalent. This method should also be used for support in

the form of repayable advances. If

refund fully or partly remitted to the

ensure that the grant equivalent of the aid does not exceed the

the levels set out in this regulation. For aid in the form of

guarantee the amount that the guaranteed loan or

overdraft refers to constitute aid

grant equivalent. For aid in the form of investment in the form of

equity or equity-terms

the amount awarded is equivalent to the grant equivalent of the aid.



When aid intensities provided under this regulation is determined to further

taking into account other public financial support has

for the same purpose or the same

investment projects. The total aid may not

exceed the levels set out in this regulation.

Aid levels should be determined for each beneficiary. The

support levels determined whether an eligible

projects financed by State resources, or if the

part-financed by the European Union.



An aid under this Regulation may not be paid to a

companies that are subject to recovery orders due

decision of the Commission declaring an aid

illegal and incompatible with the internal market.

Regulation (2015:209).



section 8 For loans should it security be required as may require with respect to the

the borrower's financial situation, the need of reasonable economic freedom of movement

and other circumstances.



If there are special reasons, the loans provided without collateral, or be made worse

precedence than other creditors.



§ 9 Warranty can be given for the loan or overdraft in Swedish or

foreign currency in a credit institution that are accepted by the company

decide on the funding. The guarantee may cover up to 80% off

the loan or overdraft.



The guarantee may be granted only if the loan or overdraft is set

security to the same extent as required for loans under section 8. The safety of

the loan or overdraft shall apply also to the warranty.



Specific provisions relating to support



Aid to promote the establishment of new companies



10 § Support may be provided to promote the establishment of new companies in connection

with a business owners start their business. Such support may be provided in

the form of a loan or guarantee. If there are special reasons, aid cover

the entire funding gap.



Support for the development of existing companies



11 § Support may be provided for the purpose of developing existing businesses. Such support

may be provided in the form of a loan or guarantee.



The aid may cover no more than 80 percent of the estimated funding gap.

If there are special reasons, aid may cover the entire funding gap.

If the aid is provided to cover capital needs in the context of a corporate

export venture gets the cover up to 90 percent of the estimated

the funding gap.



Support for innovation projects



section 12 of Aid may be provided for innovative projects relating to a product or

service to develop a first prototype or actions designed

to commercialization of the project. The aid must be used for costs

for product and service development, protection of intellectual property assets

or for market research. Such assistance is provided in the form of loans.



The repayment obligation for support pursuant to the first paragraph, remitted

in whole or in part if the beneficiary has shown that the conditions are missing

to profitably exploit the project results. If the loan remission in whole or

in part, paragraph 7 of the first paragraph shall not apply. The amount of the aid must be in

rather than be the actual amount is waived.



Support in the case of advisory initiatives and feasibility studies



13 § Support may be provided in terms of advisory services relating to business development.

The advice should be works and designed to

meet companies ' needs as they cannot be met by other

commercial operators on the market. Such support takes the form of

advice or assistance to counseling. The aid may cover the full cost

for advice.



Aid in the form of grants may also be given to the feasibility studies. The aid may cover

the full cost of the feasibility study.



Support for start-ups



section 14 assistance to start-ups may be provided in accordance with

the conditions laid down in chapter i and article 22 of

Commission Regulation (EU) 651/2014. Regulation (2015:209).



15 repealed by Regulation (2015:209).



16 repealed by Regulation (2015:209).



section 17 was repealed by Regulation (2015:209).



section 18 is repealed by Regulation (2015:209).



Other provisions on aid



section 19 of the recipient of the aid paid pursuant to this regulation are

repayment required if



1. the applicant for aid by misrepresentation or otherwise

caused to the aid given incorrectly or with excessive amounts,



2. the aid for any other reason provided incorrectly or with excessive amounts and

the recipient reasonably should have known this,



3. it turns out that it's not been the conditions for aid and the

seeking support should have known this, or



4. the terms and conditions of the aid have not been respected.



If a beneficiary is the repayment obligation referred to in the first subparagraph, shall

the regional development companies that have paid out the aid may decide to completely

or partially recover the aid. If there are special reasons,

requirement to refund fully or partly remitted.



section 20 is repealed by Regulation (2013:484).



section 21 of that indicated on the disclosure of government agencies in section 22 of the Ordinance (1988:764) on State aid to industry is also applied for the regional development companies. The same applies in the case of regulations on


such a disclosure that has been issued pursuant to section 23 of the regulation.



section 22 regional development company shall keep records

referred to in



1. Article 12 of Commission Regulation (EC) No 651/2014;

and



2. Article 6(4) of Commission Regulation (EC) No 1407/2013.



In case of an application for aid under Commission Regulation (EU)

No 1407/2013, the company shall provide the information to the

the company, which is clear from article 6(1) of that regulation.

Regulation (2015:209).



section 23 in respect of assistance under this regulation, the regional

development companies apply the following provisions of the administrative procedure act

(1986:223):



-paragraphs 11 and 12 of his disqualification,



-16 and 17 sections of a party's right to receive information, and



-section 21 relating to the notification of the decision.



paragraph 24 of the Decision pursuant to this Regulation may not be appealed.



Transitional provisions



2012:872



This Regulation shall enter into force on 15 January 2013. By

the regulation repeals regulations (2009:41) for State

financing Almi företagspartner AB and company

in its group and (2009:268) if State funding through

Innovationsbron AB and its subsidiaries.



2015:209



1. this Regulation shall enter into force on May 1, 2015.



2. Older provisions applicable to aid for young,

innovative companies decided before the entry into force.