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RS 901.21 Order of 22 December 1976 encouraging the granting of guarantees and contributions to the service of interest in mountain regions

Original Language Title: RS 901.21 Ordonnance du 22 décembre 1976 encourageant l’octroi de cautionnements et de contributions au service de l’intérêt dans les régions de montagne

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901.21

Order encouraging the granting of bonds and contributions to the service of interest in mountain regions 1

22 December 1976 (State 1 Er January 2013)

The Swiss Federal Council,

See art. 12, para. 1, Federal Act of June 25, 1976 2 Encouraging the granting of bonds in mountain regions (federal law),

Stops:

Chapter 1 Requirements for obtaining the assistance of the Confederation in respect of the activities of the Swiss Surety for the Arts and Crafts

Art. 1 General information

Surety bonds will be granted exclusively by the Swiss Co-operative Association for the Arts and Crafts (Swiss Bonding Cooperative).

Art. 2 Purpose of surety bonds

The Swiss Credit Union guarantees loans and credits to small and medium-sized enterprises located in mountain regions.

Art. 3 Consulting, accounting and fiduciary duties

Where the granting of bonds and contributions to the service of interest 1 Is bound to general advice on the conduct of business, the establishment and maintenance of accounts, and the carrying out of fiduciary duties, these tasks shall, as far as possible, be the responsibility of the cooperatives. Bonding for the arts and trades, the scope of which includes the location of the company that applied for the bond (regional arts and trades bonding cooperatives).

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).

Chapter 2 Conditions to be met in order to benefit from the assistance of the Confederation for the purpose of obtaining bonds and contributions to the service of interest 3

Art. 4 Requirements for accepting requests

1 Applications for surety bonds are only approved if the applicant is capable and trustworthy and if his business:

A.
Works in accordance with a development program established in accordance with the provisions of the Federal Act of June 28, 1974 1 On investment aid in mountain regions and
B.
Is viable or able to develop.

2 The applicant is required to provide security, to the extent of his or her possibilities.

1 [RO 1975 392, 1980 1798, 1985 387, 1991 857 Appendix c. 24, 1992 288 Annex c. 43. RO 1997 2995 art. 25].

Art. 4 A 1 Granting of contributions to the service of interest

1 Contributions to the service of interest may be granted for projects submitted by individual undertakings, for projects common to a branch or for facilities and equipment which are used by several undertakings, where the Envisaged realization allows:

A.
Create new sustainable jobs; or
B.
To maintain existing jobs, in particular by extending the activity of a company to a new field.

2 However, contributions to the service of interest may not be granted unless:

A.
If the products and services resulting from the promotion being encouraged are, for the most part, sold outside the region; or
B.
If the proposed achievement fills a significant gap in the production or supply structure of a region.

3 Contributions to the service of interest shall not be granted:

A.
For projects, the implementation of which has already started at the time of the application;
B. 2
For refinancing, business repurchase and remediation projects, provided that this is not a new focus on operations;
C.
The applicants, whose financial situation does not justify the granting of such contributions.

4 Contributions to the service of interest should be coordinated with the corresponding cantonal measures as far as possible.

1 Introduced by ch. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).
2 New content according to the c. I of the O of 8 Nov 2000, in force since 1 Er Jan 2001 ( RO 2000 2837 ).

Art. 5 Established Development Program

A development programme shall be deemed to have been established when it is submitted to the Confederation for consideration, having been approved by the regional development body.

Art. 6 Interest and amortization

1 The Swiss Surety Cooperative will seek to ensure that creditors fix, with respect to loans and bonded loans, interest rates as favourable as possible.

2 Loans and credits will need to be amortized as soon as possible. Generally, the amortization period should not exceed twenty years.

Art. 7 Submitting requests

Applications for bonds or contributions to the service of interest 1 May be sent directly to the Swiss Bonding Cooperative, or presented to regional arts and trades surety cooperatives or interested banks, which transmit them to the Swiss Bonding Cooperative.

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).

Art. 8 1

1 Repealed by c. I of the O of March 27, 1985, with effect from April 15, 1985 (RO 1985 393).

Art. 1 Tasks of the Swiss Bonding Cooperative

1 The Swiss Coopérative de bail examines applications from the perspective of the applicant's personality and the prospects for exploitation, then submits them to the State Secretariat for the Economy 2 (SECO).

2 The review of applications is given as much as possible to the Regional Cooperatives for the Arts and Crafts or the banks involved.

3 Two representatives of the Federal Department of Economics, Training and Research (DEFR) 3 Take part, as an observer, in decisions concerning applications.

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).
2 New name in accordance with Art. 22 al. 1 ch. 22 of the O of 17 Nov 1999, in force since 1 Er Jul. 1999 ( RO 2000 187 ). This mod has been taken into account. Throughout the text.
3 The designation of the administrative unit has been adapted to 1 Er Jan 2013 under Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.

Art. 10 1 SECO tasks

The SECO examines whether the application complies with a regional development program within the meaning of the Federal Act of June 28, 1974. 2 On investment aid in mountain regions and where contributions to the service of interest are required, it shall also verify that the conditions laid down in Art. 4 A Of this Order are fulfilled.

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).
2 [RO 1975 392, 1980 1798, 1985 387, 1991 857 Appendix c. 24, 1992 288 Annex c. 43. RO 1997 2995 art. 25].

Art. 11 1 Monitoring of recipient companies

1 The Swiss Credit Union supervises the solvency of the beneficiary companies for the duration of the federal aid. In particular, it monitors or regularly monitors the accounting and management of the business. It shall take the necessary steps in the interest of the beneficiary companies and in order to avoid losses.

2 In the exercise of the supervision of the beneficiary companies, the Coopérative suisse de bail collaborates, to the extent possible, with the Coopérative régionales de bonding des arts et métiers.

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).

Art. 12 Amounts recovered from losses

1 If losses on a bond occur, the Swiss bond cooperative will take all measures to recover the amount due.

2 The amounts recovered shall be apportioned between the Confederation and the Swiss Surety Cooperative in proportion to their participation in the losses on bonds.

Chapter 3 Other Requirements for the Assistance of Confederation

Art. 13 1 Support for administration costs by beneficiaries of bonds, risk premium

The costs of monitoring the solvency of the beneficiaries of surety bonds and the losses that may be incurred by the surety will be covered by a provision. When the guarantee is granted, the guarantee will be collected by the Swiss bond company for the duration of the bond and will amount to 1 % of the principal debt.

1 New content according to the c. I of the O of 26 Nov 1997, in force since 1 Er Jan 1998 (RO) 1997 3008).

Art. 14 Adaptation of the statutes of the Coopérative and accountability

1 The Swiss Bonding Cooperative will adapt its statutes and regulations to the Federal Act and this Order and submit them to DEFR for approval.

2 At the end of each year, the Swiss Bond Cooperative will submit a report on its activities to DEFR.

Chapter 4 Grants

Section 1 Administration fees

Art. 15 1

1 The Confederation shall reimburse the Swiss Coopérative de bail and the regional arts and trades guarantee cooperatives for the administrative costs resulting from the granting of bonds and contributions to the service of interest, in The extent to which they are not supported by the recipient companies. 2

2 The Confederation pays the following administrative costs:

A.
Review of applications;
B.
Approaches to avoid losses, where a company has difficulty in payment;
C.
The measures provided for in Art. 12, para. 1;
D.
The payment of contributions to the service of the interest and supervision of the beneficiary companies.

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).
2 New content according to the c. I of the O of 5 March 2004, in force since 1 Er April 2004 ( RO 2004 1433 ).

Section 2 Losses on bonds

Art. 16

1 The Confederation shall bear the losses on suretyships as they are not covered by the Swiss Surety Cooperative.

2 Losses shall be borne at a rate of 10 %, but up to a maximum of 50 000 francs, by the Swiss Surety Cooperative.

Section 3 Establishment and payment of grants

Art. 17 Fixing administration costs that can be subsidized

1 The Swiss Bonding Cooperative provides the SECO at the end of each year with a record of the costs of administration that it and the regional arts and trades surety co-operatives have supported. 1

2 The SECO determines the amount of administrative expenses that may be subsidized.

1 New content according to the c. I of the O of 5 March 2004, in force since 1 Er April 2004 ( RO 2004 1433 ).

Art. 18 Fixing of subsidies to cover surety losses

1 For each loss incurred, the Swiss Bonding Cooperative will invoice the SECO for the share to be borne by the Confederation.

2 The SECO will determine, by decision, the amount of the federal grant.

Art. 19 Payment of subsidies for administrative costs and subsidies for surety losses 1

1 Grants under s. 17 and 18 are paid as soon as the decisions that determine the amounts are enforceable.

2 The SECO is hereby authorised to grant to the Swiss Surety Bond advance payment on the amount of administrative costs which may be subsidised.

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).

Art. 19 A 1 Payment and return of contributions to the service of interest

1 The Swiss Coopérative de bonding announces in good time the SECO contributions to the service of the interest whose payment has expired. At the same time it informs the SECO on the beneficiary companies.

2 Where a reduced interest rate loan is not used in accordance with its destination, the conditions and charges are not met or the financial situation of a recipient enterprise has deteriorated considerably, the SECO may Revoke contributions to the service of interest. It requires the return of contributions if they are not used in accordance with the intended purpose.

3 On the basis of its allocation decisions, the SECO determines the contributions to the service of interest payable. It pays them to the Swiss bond cooperative, which then makes the payments.

1 Introduced by ch. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).

Chapter 5 Entry into Force

Art.

This order shall enter into force on 1 Er January 1977.


RO 1976 2829

1 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).
2 RS 901.2 . Currently "LF encouraging the granting of bonds and contributions to the service of interest in mountain regions".
3 New content according to the c. I of the O of March 27, 1985, in force since April 15, 1985 (RO 1985 393).

State 1 Er January 2013