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Decree Law No. 26/2020


Publication: Republic Diary No. 115/2020, Series I of 2020-06-16
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 26/2020
  • Pages: 8 - 13

Summary in plain english

What is it?

This decree-law alters exceptional measures to protect the credits of families, companies, private social solidarity institutions and other social economy entities.

It amends the special scheme of personal guarantees of the State, in the context of the Covid-19 disease pandemic.

Given the public health emergency of international scope, declared by the World Health Organization on 30 January 2020, as well as the classification, on 11 March 2020, of the COVID-19 disease as a pandemic, the Government has been approving a set of extraordinary and urgent measures in several matters.

What is going to change?

The moratorium is extended from September 30th, 2020 to March 31st, 2021.

Families, companies, and other beneficiary entities that have adhered to the moratorium are automatically covered by this additional period.

If they do not intend to take advantage of this additional period, the beneficiary entities will have to communicate this intention by September 20th, 2020.

How can the new moratoriums be adhered to?

Beneficiary entities that have not yet adhered to the moratorium, but intend to do so, must communicate their intention to banks and institutions by June 30th, 2020.

The documentation proving the tax and contribution regularity, when required, will have to be sent within 15 days from the date of sending the adhesion declaration.

Which credit operations are covered by the moratoria?

The moratorium now covers all mortgage credit agreements and consumer credit for education purposes, including for academic and professional training.

It is made clear that subsidised credit is covered by this scheme and there is no penalty resulting from the application of the moratorium.

It is stated that the criteria allowing people to benefit from the moratorium (such as unemployment) may apply not only to the borrower (who benefits from the moratorium) but to any of the members of his/her household.

The proven fall in income as a result of the COVID-19 pandemic will have to be at least 20% of overall household income, and not only that of the borrower.

The special scheme for granting personal State guarantees is adjusted:

    • Cover credit insurance, in transactions between companies, in the domestic market;
    • Adapt this scheme to situations where personal State guarantees are granted in the context of initiatives, programmes or other support measures adopted by institutions or other bodies of the European Union.
What advantages does it bring?

This decree-law guarantees support for the economic recovery of national businesses and families.

It strengthens the capacity of the State to support the export sector and enhances the use of the European framework for responding to the pandemic.

When does it enter into force?

This decree-law enters into force on 17 June 2020.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.