In an effort to mitigate risk of spreading the COVID-19 virus, the Permanent Commission of the CRE (Energy Regulatory Comission) determined that the cessation of terms and deadlines associated with proceedings processed before the CRE will be extended.
A constant stream of new legislation is being approved that affects businesses. Every week Garrigues provides a summary of the main issues that companies need to take a look at over the coming days. This week we feature the new legislation approved on financial and contractual moratoriums and deferrals, the new labor measures or the VAT exemption and customs duty relief on importations of goods to combat the epidemic, together with the advisability of reviewing and analyzing companies’ financial and net worth positions. We also discuss the potential financial liability of the state.
The Spanish Accounting and Audit Institute (ICAC - Instituto de Contabilidad y Auditoría) replied, on April 2, 2020, to the request for an audit determination on the effect of the public health crisis and Royal Decree-Law 8/2020, of March 17, 2020 (on urgent extraordinary measures to confront the economic and social impact of COVID-19) in relation to the preparation, verification and approval process for the financial statements (RDL), and its amendment by final provision one, point thirteen, of Royal Decree-Law 11/2020, of March 31, 2020 (RDL 11/2020).
On April 3, 2020 the European Commission announced the adoption of an amendment extending and adding flexibility to the Temporary Framework adopted on March 19, 2020 to enable Member States to give State aid for research, testing and production of coronavirus related products, and also to grant greater volumes of aid in under the categories already allowed in under the original Temporary Framework.
The current situation related to the announced state of epidemic and the significant restrictions on the activities of commercial entities resulted not only in a sharp decline in turnover of companies, but also in difficulties in fulfilling tax obligations or obligations arising from commercial agreements. Due to the growing negative effects of the pandemic, it is obvious that entrepreneurs are putting off other statutory obligations.
We analyze the measures introduced by Royal Decree-Law 11/2020, from every angle of business law: corporate/commercial contracts, tax, labor and employment, restructuring and insolvency, procedures and administrative law.
On 31 March, 2020 an amendment to the Act on specific solutions related to the preventing, counteracting and combating COVID-19, other infectious diseases and crisis situations caused by them, together with other acts (the “Act”) entered into force.
The toughening of lockdown measures in Spain and resulting closure of all business activities not classed as essential makes it absolutely necessary to keep very much in sight this week the measures approved in the labor and employment field. In the domain of corporate law and commercial contracts, the decision governing the first tranche of guarantees to soften the economic effects of the crisis has already been published in the Spanish Official State Gazette (BOE). As for tax matters, the personal income tax and wealth tax season is about to start. In the litigation arena, the general statute of limitations for personal action has been extended. And there are also important mobility and transport, and restructuring and insolvency issues and matters related to administrative law.
On March 26, 2020, the Portuguese Government approved Decree-Law nº 10-J/2020 (“Moratorium Regime”), putting into practice exceptional measures for protecting families, companies and welfare institutions, in relation to the weight of their debt service obligations, specifically creating a moratorium which will apply until September 30, 2020. A special regime is also created for the grant of guarantees by the Portuguese State. This Alert contains the most relevant points of the regime approved.
In this article we offer a few recommendations to assist the self-employed and companies with fulfilling the general requirements laid down by the decision for accessing this new financing, and so speed up application procedures at financial institutions.