Corporate & Commercial

As of January 31, 2020, my company has negative equity. Do we still qualify for a state guarantee for a company credit obligation?

The Republic of Slovenia accepts the guarantee only if the borrower was not considered as a firm in difficulty on 31 December 2019 and that after 31 December 2019 the borrower is faced with liquidity problems for business reasons related to the consequences of COVID-19 in the Republic of Slovenia. Likewise, a borrower must not be considered a defaulter on March 12, 2020, and a borrower must not have significant delays in settling its obligations to the bank as of March 12, 2020. 

The lender must also not do business or be registered in a European Union country with jurisdictions that are not willing to participate for tax purposes (eg Cayman Islands, Fiji, Panama) and must not have an owner from such country and as of the date of submission of the settlement of the overdue payments arising from compulsory contributions, taxes and other charges and included in the system of compulsory multilateral offsetting.

In the above case, despite the negative capital, an entity may apply for a guarantee for its credit obligation if it also fulfils the other legal requirements.

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