Modifications regarding Small and Medium Enterprises (IMM Invest)

In the Official Gazette (Part I) no. 339 of April 27, 2020 was published the Government Decree (HG) no. 326/2020 on modification and completion of Government Decree (HG) no. 282/2020 for the approval of the Methodological Norms for the application of the Emergency Ordinance of Government (OUG) no. 110/2017 on the Program for supporting small and medium enterprises – IMM INVEST ROMANIA.

The main changes of the methodological norms

  • The new regulations specify that the beneficiaries who belong to the category of micro or small enterprises can cumulate the credits / credit lines for financing the working capital with the credits for making investments, up to the cumulative limit of 10,000,000 lei.

The old methodological norms forbade this cumulation

  • In the content of HG no.326/2020, we find changes in the risk and management fee.

The risk commission (fee) is calculated by the National Credit Guarantee Fund for IMMs (FNGCIMM), for the entire validity period of the guarantee, as a differentiated percentage depending on the duration of the guarantee, being applied to the value / balance of the guarantee at the end of the year / years of the guarantee.

The risk commission is regularized at the final maturity of the loan, depending on the effective balance of the guarantee, for the entire period of the guarantee, by paying the difference by the beneficiary, if applicable.

We mention that according to the old regulation, the calculation of the respective risk commission by FNGCIMM was made as a percentage applied to the value of the guarantee provided in the guarantee contract, for the whole guarantee period and is paid only once when granting / increasing / extending the guarantee, for the whole validity period of the guarantee. It was also provided that the obligation to pay the risk commission was covered by the aid in the form of a grant received by the beneficiary during the validity period of the State Aid Scheme to support the activity of IMM-s in the context of the economic crisis generated by the pandemic COVID-19.

The administration commission due to FNGCIMM for the entire period of development of the state aid schemes is supported from the state budget, through (via) the budget of the Ministry of Public Finance (MFP) – General actions within the state aid scheme associated with this Program.

According to the old provisions, after the termination of the state aid scheme, the administration commission was due to FNGCIMM by the beneficiary of the program and was transferred by the credit institution for the entire validity period of the guarantee and, as the case may be, until the date of registration in the Fund of the payment request.

  • Another important specifying, of the HG no. 326/2020, is that the legal real estate and / or movable mortgages on the assets financed by credit, established in favor of the Romanian state, represented by the Ministry of Public Finance (MFP), and of the credit institution, will have the first rank on the entire validity period of the guarantee, respectively until the moment of formulating the request for payment of the guarantee by the credit institution
  • Regarding the completion of the data on the platform https://www.imminvest.ro/, each potential applicant beneficiary must complete online the identification data, to attach the IMM declaration in .pdf format, completed and signed on the format provided in annex no. .1 to Law no. 346/2004 on stimulating the establishment and development of small and medium enterprises, with subsequent amendments and completions, as well as the option for the type of credit requested.

In the old regulation, each potential applicant beneficiary had to fill in online the above data, as well as the de minimis declaration, depending on the type of beneficiary (medium enterprise, small enterprise, micro-enterprise).

  • Modifications regarding the guarantee request, which is sent by the credit institution, in order to implement the Program:

According to HG no. 326/2020, the guarantee request will include the declaration on the own responsibility of the beneficiary of the guaranteed financing, from which to result the fulfillment of the conditions for granting state aid in the form of grant, of the eligibility criteria provided at art. 3 para. (1) letter a), b) and e) of OUG no. 110/2017, as well as the observance of the provisions of art. 3 para. (2) and (3) of OUG no. 110/2017, issued no later than 30 calendar days before the date of sending the guarantee request;

In the old regulation, from this declaration should have resulted only the fulfillment of the eligibility criteria provided in art. 3 para. (1) letter a), b) and e) […], […] as well as the observance of the provisions of art. 3 para. (2) and (3) of OUG no. 110/2017 […], with subsequent amendments and completions, issued no later than 30 calendar days before the date of sending the guarantee request;

It is important to specify that the proof of transfer of the risk commission was removed from the documentation sent by the credit institution, respectively the copy of the payment order / account statement or the copy of the receipt, as the case may be, attesting the payment by the Program beneficiary of the risk commission in the account opened at the State Treasury units.