951.251 order on financial aid to organizations of guarantee for small and medium-sized enterprises of June 12, 2015 (Status January 1, 2016) the Swiss federal Council, under art. 12, al. 1 of the Federal Act of 6 October 2006 on financial aid to organizations of guarantee in favour of small and medium-sized enterprises (law), stop: Section 1 recognition article Procedure 1 application the application for recognition according to art. 9, al. 1 of the Act is addressed to the federal Department of the economy, training and research (RFLDS).
It contains: a. the statutes and regulations of the Organization of guarantee in favour of small and medium-sized enterprises (Organization); b. the accounts for the past three years; c. the business plan, the current year's budget and financial plans for the three following years.
Applications by newly founded organizations contain only parts listed in para. 2, let. a and c.
The business plan including reported human and financial resources.
If the applicant carries on activities other than the granting of guarantees, it must prove that these activities do not impair the granting of guarantees.
S. 2 decision of the Davis the Davis recognizes many organizations that it is necessary for a promotion effective and economic bond in favour of small and medium-sized enterprises.
Section 2 rules governing the encouragement and the s. bond 3 supported organizations and the Confederation bond supports organizations that endorse bank credits for small and medium-sized enterprises in respect of collateral security according to the art. 496 of the code of obligations (CO) and whose activity is not agricultural within the meaning of art. 3, al. 1, of the law of 29 April 1998 on agriculture.
Bonds is only used to guarantee bank loans.
The granting of guarantees for leasing or other forms of funding operations is excluded.
RS 220 RS 910.1 s. 4 duty of care organizations operate with due care required.
In particular, they grant bail only if: a. the person or entity submitting the application: 1 is worthy to obtain credit, 2 does not already, for the same project, a guarantee under the Federal Act of 25 June 1976 on the granting of guarantees and contributions in the service of the interest in mountain regions and rural areas in general a loan of the Swiss society of resort credits (SCH) of the Federal Act of 20 June 2003 on the incentives of the accommodation or other financial aid or compensation of the Confederation, 3. confirms that, given the requested bail and any guarantees in force or granted by other recognized organizations, total amount of support does not exceed 500,000 francs;
b. competitive, performance and prospects for the company are financially sustainable.
They should not be dependent on the granting of guarantees by the use of other services of the organization.
Benefits of Swiss insurance against risks to export (ASRE), Switzerland Global Enterprise (3s-GE) and the Commission for technology and innovation (CTI) do not give rise to a double subsidy as referred to in para. 2, let. a, c. 2.
RS 901.2 RS 935.12 s. 5 own funds required organizations may not contract guarantee commitments that insofar as the risk of losses that they assume does not exceed five times the amount of their own funds.
S. 6 depreciation credits bonded must be amortized as soon as possible, as a rule General within a period of ten years.
In case of difficulty to cushion the credit bonded, the period may be extended to 15 years.
S. 7 guarantees and participation in risk anyone who resorts to a bond must, as far as possible, provide guarantees to the creditor bank.
The organization may require the recipient to provide additional guarantees in accordance with art. 506 CO.
Recipients must participate equitably in risks as well as fees for granting and monitoring of bonds.
RS 220 s. 8 control of the solvency of beneficiaries organisations monitor the solvency of beneficiaries for the duration of the bond and take appropriate measures to avoid losses.
S. 9 recoveries when bond causes losses, the organisation is required to take all necessary measures to recover the amount of the claim.
Collections go to the Confederation and to the Organization in proportion to their participation in the coverage of losses. The verifiable costs arising from the recovery of the amount of the claim, with the exception of the own expense of the Organization, can be worn as a deduction.
Section 3 aid financial arts. 10 convention the Davis concludes with the recognized organization an agreement under public law on financial aid.
The convention lays down in particular: a. the type, extent and compensation of benefits that the Organization should provide; b. measurable targets for the development of the volume of bonds, the new bonds and the rate of losses; c. the method and procedures for calculating administrative costs; d. payment terms and the directives relating to the periodic reports, quality control budgeting and accounting; e. loss documentation which is necessary for drawing up the statement; f. the procedure in case of dispute; g. the measures that the Organization must take under art. 8, al. 2, of the Act in order to limit the volume of bonds.
The agreement is in principle for a period of four years.
S. 11 determination of the contribution to cover the losses for the calculation of the amount of the contribution to cover losses, the key elements are: a. the bonded credit indicated in the contract of guarantee, minus the depreciation paid; ETB. potential interest, bank charges and other expenses, subject to presentation of supporting documents, within the meaning of art. 499 CO.
The cover of losses under para. 1 cannot exceed the maximum amount stated in the contract of suretyship or the ceiling specified in art. 6 of the Act.
RS 220 s. 12 administrative expenses the Confederation participates in funding the administrative costs of organizations provided that they are not covered by the beneficiaries of the bail, the cantons or other sources of income. Administrative costs include charges for examination of applications and the monitoring fee and risk premium.
The objectives of art. 10, al. 2, let. b, are critical for the establishment of contributions to administrative costs.
S. 13 count organizations shall transmit to the State Secretariat for Economic Affairs (SECO) count as well as the parts he needs to determine the amount of contributions to losses and administrative costs.
SECO fixed the definitive amount of the contributions to losses and administrative costs.
S. 14 payment financial aid shall be paid within the limits of the appropriations entered in the authorized annual budget.
Before fixing the final amount and on the basis of a credible estimate of the volume of bonds, the new bonds and the loss rate, advances may be paid up to a maximum of 80% of the amount of the foreseeable contribution to cover administrative costs.
Financial aid can also, fiduciary and for specific purposes, be paid to a central organization. The central organisation is not right itself to such aid and is not subject to the law for fiduciary activities that it assumes on behalf of organizations entitled to financial aid.
The Confederation provides benefits to organizations if they perform with due diligence the tasks the Act or the agreement assigned to them.
S. 15 loans rank subordinate to support their activities, the Davis can, on request, allocate to recognised organisations subordinated loans if the Confederation has a particular interest in the performance of assigned mandates, particularly when commitments by bond are likely to achieve in the near future the quintuple the amount of own funds and the application of guarantees can no longer be covered.
Subordinated loans are allocated if the organisation proves that mutual assistance measures that may reasonably be required of it and funding opportunities have been exhausted.
Repayment terms are defined in the convention.
Section 4 funding art. 16. the provision of appropriations within the limits of the framework credits is the Davis decision, in accordance with art. 8, al. 1, of the Act.
Section 5 control and supervision art. 17 control organizations are held to the following requirements regarding SECO: a. notify any modification of their statutes and regulations; b. submit annually their audited and accompanied by the annual accounts management report; c. submit a periodic report on the amount of probable losses on bonds.
They must submit their annual accounts to the control of a body of review meets the requirements of the Ordinance of 22 August 2007 on the monitoring of the revision.
RS 221.302.3 s. 18 monitoring SECO monitors carry out legal and contractual duties by the organizations.
It may at any time require organizations the information and documents necessary for the accomplishment of this task.
Section 6 provisions finals s. 19 repeal of another act order of 28 February 2007 on financial aid to organizations of guarantee in favour of small and medium-sized enterprises is repealed.
[2007 699 3363 RO]
S. 20 transitional provisions guarantees granted before the entry into force of this order continue to be governed by the provisions of the Ordinance of 15 October 1998 concerning the reimbursement of losses on bonds with high risks or Ordinance of 28 February 2007 on financial aid to organizations of guarantee in favour of small and medium-sized enterprises.
The decisions of recognition made under the Ordinance of 28 February 2007 on financial aid for bond in favour of small and medium-sized enterprises organizations shall remain applicable.
1998 2644 2007 699 3363 RO RO] art. 21 entry into force this order comes into force January 1, 2016.
2015 2229 RS 951.25 RO