Wednesday, October 7, 2009

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SUBJECT: MORATORIUM ON DEBTS OF SMALL MEDIUM-SIZED ENTERPRISES

This Circular to inform of progress on Dear Readers of the important initiative taken August 3, 2009, between the ABI and other representations Permanent Observatory on bank-firm relationship, the presence of the Minister Giulio Tremonti.

The so-called "Joint Notice" was signed in implementation of Article 5 paragraph 3-quater of Legislative Decree 78, July 1, 2009 (cd Maneuver Summer 2009).

should first be recalled that the moratorium is not automatic and must be the assessment of the bank, which must still in case of failure, provide explicit and reasoned rejection.

WHAT DOES THE MORATORIUM

- suspended for 12 months of payment of the principal portion of loan installments;

- suspended for 12 months of payment of capital implicit in the canons of lease "property";

- suspension for six months of payment of capital implicit in the canons of leases "Security";

- elongation at 270 days of the expiry of short-term credit term (≤ 18 months) to support the needs of the case, with respect to operations in anticipation of certain receivables and payable;

- a contribution to the strengthening of capital and medium-sized enterprises dipiccole , providing a dedicated funding or other forms of assistance for those who realized capital strengthening process.

eligible companies

The small and medium-sized enterprises :

· who claim to know the provisions of Common dall'Avviso 08/03/2009;
acting with a number of permanent and temporary employees not exceeding 250 units and an annual turnover less than € 50 million (or a total budget surplus of up to EUR 43 million);
acting with an economic and financial situation that could prove the continuity of the company but that difficulties arise because of temporary financial crisis (the latter - a requirement not essential);
- who claim not to have installments due (loan and lease - paid or not paid in full) to no more than 180 days;
· that the date 30 September 2008 had only positions classified by the banks "performing" and that at the time of application for the activation of the aforesaid suspension, no position classified as "refurbished" or "doubtful" or enforcement proceedings under way;
· claiming not to take in relation to positions for which they ask the common benefit of the notice of public benefits in the form of contributions or interest on capital;
· declaring for the operations of anticipation, the anticipation of receivables for which we require the lengthening of maturity, are reliable and payable;
° which do not have the date of the application, enforcement procedures in progress.

WHAT TO DO TO GET THE SUSPENSION

Interested companies should fill out the form "Agreement for suspension of debts of small and medium-sized enterprises", available from 30 September on the ABI website.

This forms allows to overcome the reported cases of banks that "custom" the request with additional terms and conditions, not required by the standard.

DEADLINES

Interested companies may submit the application to your bank (if member) by June 30, 2010.

MEMBERS LIST BANKS

E 'daily available at ABI.

TIMING AND POSSIBLE ACTION

The same application form, provides that the applicant NOTES that are normally 30 working days from submission of the application to be considered accepted, unless explicit and reasoned rejection if the company is still "performing" and has no late payments at the time of application.

The company which was not given timely results, with negative evaluation, can however appeal to the organs activated by the prefectural government.

Studio is available for further clarification and investigation.

Sincerely.

Rag. Mario Stefano Ogna

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