reto luthiger - corona measures - 2020-04-03.pptx … · 2020-04-07 · •0,5% interest • max 5...
TRANSCRIPT
3 April 2020
Financial Support for Crypto Valley Companies & Start-Ups to Face COVID-19 Crisis
COVID-19COVID-19
Dr. Reto Luthiger
Dr. Reto LuthigerAttorney at Law
+41 44 396 91 [email protected] | www.mll-news.com
Senior Associate, Banking & Finance Team
Co-Head Industry Group DLT | Blockchain & Cryptocurrencies
Further Specialities: Financial Market Regulations, FinTech, Compliance, Banking, Securities Law, Payment Services, General Corporate Law and Commercial Law
www.linkedin.com/in/reto-luthiger-63694530/
Agenda
SME-Bridge Loans
Payment Deferrals for Social Security Contributions
CORONA-Measures for SMEs
Meyerlustenberger Lachenal AG, Attorneys at Law www.mll-legal.com │ www.mll-news.com
1 SME-Bridge Loans
4
Restrictionsfor liquidity
purposes only established
before 1/3/2020
max CHF 500M revenues
only one COVID-19-Loan
no support from sports or culture program
COVID-19-Loan
COVID-19-Loan Plus• 85% secured by Swiss Federation• 0,5% interest• max 5 years (plus 2 years) duration• relevant for overindebtedness calculation
CHF 0
CHF 500K
CHF 20Mloan amount = max 10% of annual revenues
• 15% secured by bank
• credit check• interest defined by
bank• additional securities
sufficient to the bank• max 5 years (plus 2
years) duration• relevant for
overindebtednesscalculation
Loan Amount
• 100% secured by Swiss Federation• 0% interest• max 5 years (plus 2 years) duration• not relevant for overindebtedness calculation
CORONA-Measures for SMEs
Meyerlustenberger Lachenal AG, Attorneys at Law www.mll-legal.com │ www.mll-news.com
1 SME-Bridge Loans:Restrictions for Borrower during Outstanding Loan
5
• No payouts of dividends and royalties• No reimbursements of capital contributions1• No granting of loans• No refinancing of personal or shareholder loans2• No repayment of group loans3• No transfer of secured COVID-19-Loans (Plus) to (in)directly affiliated companies not domiciled
in Switzerland ( cash cash pooling with non-Swiss entities!)4
CORONA-Measures for SMEs
Meyerlustenberger Lachenal AG, Attorneys at Law www.mll-legal.com │ www.mll-news.com
1 SME-Bridge Loans:Criminal Penalties
6
willfully obtaining a CIVID-19-Loan (Plus) by making
false statementswillful violation of
restrictions in article 6 (3)
Fine of up to CHF 100,000or
penalty for a more serious offence according to the Swiss Criminal Code
CORONA-Measures for SMEs
Meyerlustenberger Lachenal AG, Attorneys at Law www.mll-legal.com │ www.mll-news.com
1 SME-Bridge Loans:Applying for COVID-19-Loan (up to CHF 500K)
7
go toWebsite
covid19.easygov.swiss
loan agreementCOVID-19-Loan send to bank
electronically(scan-copy)or by mail
agreement incomplete
new completely filledout agreement required
Company Bank Bank Surety Organisation
receipt of loan agreement – surety
successfull
loan agreement is complete
reviews loan agreement
bank pays out the loan amount
source: swissbanking.org
fill outprint outsign
CORONA-Measures for SMEs
Meyerlustenberger Lachenal AG, Attorneys at Law www.mll-legal.com │ www.mll-news.com
1 SME-Bridge Loans:Applying for COVID-19-Loan Plus (CHF 500K - 20M)
8
source: swissbanking.org
go toWebsite
covid19.easygov.swiss
loan requestCOVID-19-Loan
Plussend to bankelectronically(scan-copy)or by mail
request incomplete
New completely filledout request required
Company Bankreviews request and negotiates
with company the loan agreement
Surety Organisation
grants surety successfully for loan
request
Bank
loan request is complete
bank pays out the loan amount
fill outprint outsign
CORONA-Measures for SMEs
Meyerlustenberger Lachenal AG, Attorneys at Law www.mll-legal.com │ www.mll-news.com
2 Payment Deferrals for Social Security Contributions
9
• social security insurances in scope:• AHV / IV / EO / ALV (not BVG)
• temporary and interest-free for 6 months• employers and self-employed persons Conditions:
• plausible liquidity problems because of CORONA-19
• obligation to make regular payments on account and an immediate first payment
• social security insurances in scope:• AHV / IV / EO / ALV (not BVG)
Condition:• sum of wages has fallen significantly
Option 1:payment deferral for social security
contributions
Option 2:adjustment of regular contributions on
account
Filing Requestswith your responsible AHV compensation fund (AHV-Ausgleichskasse)
3 April 2020
Thank you for your attendance!
Dr. Reto LuthigerSenior Associate, Banking & Finance Team
Co-Head Industry Group DLT | Blockchain & Cryptocurrencies
Further Specialities: Financial Market Regulations, FinTech, Compliance, Banking, Securities Law, Payment Services, General Corporate Law and Commercial Law
T: +41 44 396 91 77M: [email protected]
https://www.linkedin.com/in/reto-luthiger-63694530/www.mll-legal.com | www.mll-news.com