What is the New Opportunity Policy?
The New Opportunity Policy is an aid programme, implemented on the basis of the Act on granting public aid for the purpose of rescuing or restructuring entrepreneurs of 16 July 2020. (,,the Act'') directed to entrepreneurs in a difficult economic situation.
The project budget is, PLN 1.2 billion (120 million for 10 years) and an additional PLN 600 million from the SARS-Cov-2 Counteracting Fund, to be used until the end of 2021.
The above decision may have an impact on the procedure for granting state aid under the New Opportunity Policy programme - among other things, it clarifies the conditions for granting aid to enterprises affected by the SARS-CoV-2 pandemic.
According to the decision, difficulties resulting from the SARS-CoV-2 pandemic cannot be treated as an automatic prerequisite for granting aid under the Act and are not sufficient to consider that a given aid to an enterprise contributes to the achievement of an objective of common interest.
The granting of aid is always assessed according to the premises described in Article 3(7) of the Act, which defines social difficulties and market imperfections.
Who is the New Opportunity Policy addressed to?
State aid under the programme is addressed to micro-, small, medium and large enterprises.
For large entrepreneurs it is obligatory to notify public aid to the European Commission.
Support is granted within aid instruments:
1 ) Rescue aid,
2) Temporary restructuring support,
3) Aid for restructuring.
The above instruments are dedicated to all entrepreneurs. A beneficiary may use the New Opportunity Policy independently of the aid granted under the Anti-Crisis Shield or PFR Financial Shield.
MOST FREQUENTLY ASKED QUESTIONS
The procedure for granting public aid is regulated by the provisions of the Act of 16 July 2020 on granting public aid for rescuing or restructuring entrepreneurs (Dz.U. 2020 pos. 1298) and the provisions of the Code of Administrative Procedure.
Before completing the aid application form, we encourage you to:
- read the rules of granting public aid for rescuing or restructuring entrepreneurs and the application form (below),
- read the Frequently Asked Questions (FAQ - online or to download them below),
- familiarise yourself with the Act of 16 July 2020 on granting public aid for rescuing or restructuring entrepreneurs,
- read the EC guidelines on State aid for rescuing and restructuring non-financial enterprises in difficulty (2014/C 249/01),
- readdecision of 12.11.2020 2020 on.Public Aid C(2020)7937,
- use hotline 800 800 120 or contact by contact form,
- make an appointment for an individual consultation with a restructuring advisor in the Entrepreneurs' Service Centre of IDA JSC, operating nationwide (the relevant Centre can be found in the Contact tab).
Please pay particular attention to:
- signature of the Applicant (in accordance with the representation in the case of commercial law companies) in the places marked in the application and on additional declarations,
- a concrete indication of one of the three available aid instruments: rescue aid (loan), temporary restructuring support (loan), restructuring aid (loan, taking up shares in the increased share capital, participation in the increase of the share capital by increasing the nominal value of the existing shares, taking up bonds, change of dates of repayment of the loan to the entity providing restructuring aid, conversion of the loan granted as rescue aid or temporary restructuring support into shares of the entrepreneur, relief from an administrative fine). Detailed information on individual instruments can be found in the Principles and FAQs ,
- certification of copies of documents attached to the application as true copies of the originals (detailed information on how to do it correctly is in the FAQs) ,
- making sure that the written authorisation required for certification of conformity of copies of documents with the originals is attached,
- attaching documents confirming the power of attorney to represent the Applicant, and the power of attorney document, if the attorney acts on behalf of the Applicant, together with proof of payment of the stamp duty,
- for companies in court restructuring proceedings for which an administrator has been appointed, in accordance with the wording of Article 311 item 1of the Act of 15 May 2015. Restructuring Law, it is the appointed administrator who should be considered a party in the proceedings. Thus, an individual acting as a member of the management board, when submitting the application, should have an appropriate power of attorney granted by the administrator,
- the accuracy of the data contained in the application with the actual state of affairs,
- in case of applications submitted via the ePUAP sub-box, it is recommended to use a company email address,
- attachment of documents submitted via the ePUAP in a readable format (e.g. doc. pdf.). Do not attach compressed documents (e.g. zip),
- in case when documents are submitted via the ePUAP inbox and the number of attachments exceeds the acceptable one, they should be divided into two or more separate messages,
- check whether all circumstances indicated in the application are supported by attached declarations and documents (relevant documents are provided below).
The Act does not contain a catalogue of documents that should be presented by the entrepreneur in order to prove that the requirements for the granting of aid have been met, which means that anything that may contribute to the clarification of the case and is not contrary to the law should be admitted as evidence.
These may include, for example:
- The status of the entrepreneur in terms of:
- the number of personnel - e.g. settlement documents submitted to ZUS, insurance declarations DRA, RCA, RZA, certificates and lists of insured persons for whom the payer pays contributions generated from the ZUS Electronic Services Platform (PUE ZUS), certified copies of employment, work or commission contracts, accounting documents showing the level of employment, payroll, printouts from accounting software certified by the entrepreneur as true copies,
- annual turnover or annual balance sheet total - e.g. financial report including balance sheet and profit and loss account.
- Description of the difficult economic situation:
- depending on the indicated circumstance, it may be e.g. financial documentation, i.e. financial statements, reports of an independent auditor from the audit of financial statements, overdue invoices, calls for payment, correspondence with contractors or financial institutions, a decision or another document confirming the refusal of financing by financial institutions.
- Membership of the entrepreneur to the capital group:
- e.g. financial statements of individual entities of the capital group, list of agreements between entities of the capital group, statements of other entities of the capital group and documents showing that the difficult economic situation of the entrepreneur is of an internal nature and is not caused by unjustified division of costs within the capital group and is too serious to be resolved by the entrepreneur or the capital group.