20. 3. 2020
Authors: Filip Čabart, Jan Topinka
Over the last
few days and hours, we have been intensely advising and helping our clients
process applications for the COVID interest-free loan offered by the
Bohemian-Moravian Guarantee and Development Bank (Českomoravská záruční a
rozvojová banka, “CMZRB”) to small- and medium-sized enterprises affected
by the coronavirus situation for their operational financing.
The loan is
provided:
- from CZK 500,000 to CZK 15,000,000;
- to cover up to 90% of the respective expenses required
for the business operation;
- with maturity of up to 2 years and an optional grace
period of one year.
The overall
current cap for these loans was CZK 1.6 billion. However, the number of
prospective applicants has naturally been many times higher as this is one of
the very few immediately accessible instruments of state aid to the businesses
affected by the pandemic. With over 3,200 submitted applications so far, new
applications have been suspended. However, CMZRB is currently preparing COVID
II scheme, which is expected to increase the amount of aid up to CZK 30
billion. We strive to help our clients write their applications in such a
way that enables the CMZRB to process them as swiftly as possible and with the
greatest chance of success. As part of our long-term cooperation with the CMZRB,
we are in close contact on a daily basis, communicating collectively our
clients’ inquiries and assisting in wording answers to facilitate and speed up
cooperation between both parties as the enormous interest makes the formally
flawless processing crucial for the assessment of applications. Within two
weeks, businesses will be able to apply for a loan with similar parameters under
the COVID II scheme also via commercial banks, with CMZRB guaranteeing
the loan and subsidizing its zero-interest rate. Even though negotiations with
banks over such a scheme have just started, we are ready to guide our
clients through the application process of the commercial banks, which is
likely to be different and subject to more stringent rules. In addition, it
will be necessary to simultaneously prepare an application for a loan with a
commercial bank and an application for guarantee with CMZRB.
In relation
to coronavirus, we assume that there will be an extraordinary spike in
applicants for and utilization of these instruments as well as other schemes
subsidized by the state or the EU – for instance, the European
Investment Bank (EIB) announced to have mobilized EUR 40 billion for
supportive measures. Businesses and mid-caps with up to 3,000 employees
will also be able to apply for such beneficial loans with a significantly
higher individual cap via local banks which have entered into a framework
agreement with the EIB and are already offering subsidized projects. In
these cases, we may expect quite soon that the conditions will be adjusted to
the current situation and the support made available by the EIB will be raised.
We of course very closely discuss the developments with stakeholder banks and
assist in the preparations.
Having the
expected economic impacts of the current situation in mind, we have created a
specialized COVID Task Force for finance services personally
coordinated by Jaroslav Havel as the law firm’s managing partner bringing
together our greatest experts who are partners for the key practice areas
relevant for debt financing, financial regulation, litigation, debt restructuring
and realization, insolvency and legislation. As such, we are most likely the
only law firm accepted for the panel of legal service providers at each
of the ten largest banks on the Czech market. Moreover, we cooperate on a
long-term and extensive basis with numerous key financial
institutions such as the Czech National Bank, the Czech Banking
Association, the Finance Ministry, the Industry and Trade Ministry
and the Bohemian-Moravian Guarantee and Development Bank. This unique
position of our law firm makes us exceptionally well-equipped to handle any
crisis situation in the field of finance given our expertise, close personal
ties and relevant experience gained in hundreds of financial transactions which
were implemented by one of the most active financial teams in the Czech
Republic. Not only do we provide comprehensive legal and technical assistance
to our clients but we are also perfectly versed in the area of financial
regulation and, if need be, crisis-related legislation.
We highly
appreciate the proactive approach of the financial sector including Czech banks,
the Czech Banking Association, the CMZRB, the EIB and, of course, the Czech
National Bank, and in particular their coordinated effort to help clients solve
these problems that are often very severe and difficult to predict. We share
this approach and endeavours, and strive to provide assistance in all possible
ways.
Please do not hesitate to contact us at any
time. We very well know that in these situations, operational and any other
financing issues need addressing immediately, and that is why we are ready to
assist you at any time you need.
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