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Network of Portuguese<br />

Speaking Legal Services<br />

Legal Update<br />

Covid-19<br />

20 MARCH 2020


20 MARCH 2020<br />

Legal Update Covid-19


3<br />

The Presidential Decree No. 14-A / 2020 of 18 March ordered<br />

a partial suspension of the property right and private economic<br />

initiative, namely, establishing:<br />

The possibility of requisition by the competent public authorities<br />

in relation with the provision of any services or use of<br />

any movable and immovable property, provision of healthcare<br />

units, commercial and industrial businesses, companies and<br />

other production units;<br />

The possibility of determining the mandatory opening, and<br />

operation of companies, businesses and means of production;<br />

The possibility of ordering the closure of certain companies,<br />

businesses and means of production and other limitations or<br />

modifications imposed on the respective activity, including<br />

changes related to quantity, nature or price of produced and<br />

/or marketed goods or the respective procedures and to the<br />

distribution and marketing circuits, as well as changes to the<br />

respective operating regime.<br />

All the above listed measures still need to be implemented by<br />

the Government.<br />

Decree of the President of the Republic no. 14-A / 2020<br />

of 18 March ordered the partial suspension of the right to<br />

property and private economic initiative, namely, establishing:<br />

The possibility for requisition by the competent public authorities<br />

to provide any services or use of any movable and immovable<br />

property, health care units, commercial and industrial<br />

establishments, companies and other production units;<br />

The possibility of determining the mandatory opening and<br />

operation of companies, establishments and means of production;


4<br />

The possibility of ordering the closure of certain companies,<br />

establishments and means of production and imposing other<br />

limitations or modifications to the respective activity, including<br />

changes to the quantity, nature or price of the goods<br />

produced and marketed or to the respective distribution procedures<br />

and circuits and marketing, as well as changes to the<br />

respective operating regime.<br />

All the above listed measures, established in the Decree of the<br />

President of the Republic, require its implementation by the<br />

Government in an autonomous diploma<br />

Update of Law No. 1-A / 2020 of 19 March<br />

COVID-19 - Cuts Prediction<br />

of Public Procurement tenders<br />

or any other State Measures<br />

This Law No. 1-A / 2020 of 19 March has ratified the effects of Decree-<br />

Law no. 10-A / 2020, of March 13.<br />

We recall that Decree-Law No. 10-A / 2020 of 13 March: came to establish<br />

exceptional and temporary measures due to the epidemiological<br />

situation of the new Coronavirus - COVID 19 applicable to entities<br />

in the corporate public sector and the administrative public sector,<br />

as well as, with the necessary adaptations, to the Municipalities.<br />

This being said, we highlight the<br />

following exceptional measures:<br />

> For the purpose of choosing<br />

the procedure for the celebration<br />

of construction work contracts<br />

for public works, contracts<br />

for lease or purchase of<br />

movable goods and services<br />

it is recognized the possibility<br />

of direct adjustment to the extent<br />

strictly necessary and for<br />

urgent imperious reasons (article<br />

24, no. 1 (c) of the Code of<br />

Public Contract);<br />

> Inapplicability of the quantitative<br />

limits for previous data<br />

consultation as well as for direct<br />

adjustment contained in<br />

paragraphs 2 to 5 of Article 113<br />

CCP and of the duty, provided<br />

in article 27-A of the CCP of prior<br />

consultation whenever possible;


In direct adjustments for acquisition<br />

or rental contracts of<br />

movable assets and for service<br />

acquisition, whose contractual<br />

price does not exceed €<br />

20,000.00, the award can be<br />

done directly by the competent<br />

body with the decision to<br />

hire, by means of an invoice<br />

or document equivalent to be<br />

presented by the invited entity,<br />

with exemption of electronic<br />

processing or any other formalities<br />

foreseen in the Public<br />

Procurement Code.<br />

>The awards must be communicated<br />

by the contractors to the<br />

Governmental entities responsible<br />

for the area of finance and<br />

the respective sectorial area<br />

and advertised in the public<br />

procurement portal, in accordance<br />

with the principles of publicity<br />

and transparency of contracting;<br />

>The contracts concluded by<br />

means of a direct adjustment<br />

may produce all its effects right<br />

after the award as well as before<br />

the visa or declaration of<br />

compliance of the Audit Court<br />

when subject to the same.<br />

Also, as exceptional measures<br />

foreseen in said Law No. 1-A /<br />

2020 of March 19, the following<br />

should be highlighted:<br />

> Without prejudice to the concomitant<br />

and successive inspection,<br />

all contracts foreseen<br />

in Decree-Law No 10-A / 2020,<br />

of March 13, will be exempted<br />

of previous inspection from<br />

the Audit Court during the duration<br />

of this law.<br />

> The application of a judicial<br />

break proceedings regime until<br />

the situation of exceptional<br />

prevention, containment, mitigation<br />

and treatment of epidemiological<br />

infection by SARS-<br />

CoV-2 and COVID-19 disease,<br />

as determined by the national<br />

public health authority to the<br />

administrative and tax deadlines<br />

in favour of private entities<br />

or individuals.<br />

> During the duration of the present<br />

law, the deadlines related<br />

with pending prior inspection<br />

processes or processes<br />

that must be sent to the Audit<br />

Court will not be suspended.<br />

> The obligation to carry out<br />

public meeting of the deliberative<br />

and executive bodies of<br />

the Municipalities and parishes<br />

and the deliberative bodies of<br />

intermunicipal entities are suspended<br />

until the 30th of June<br />

2020, without prejudice of its<br />

record and placement on the<br />

Municipality’s website whenever<br />

technically feasible.<br />

5


6<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

Update of Law no. 1-A / 2020 of 19 March<br />

Exceptional measures concerning<br />

the postponement of the Social Security<br />

contributions period<br />

With the mandatory closure of several<br />

commercial establishments<br />

and the reduction for consumption<br />

of non-essential goods, many<br />

companies will have their invoicing<br />

quite affected, or even reduced to<br />

zero.<br />

In this assumption, and to stimulate<br />

the economy, the government<br />

provides flexible payments of Social<br />

Security contributions.<br />

In order to allow this flexibility and<br />

ensure immediate liquidity to companies,<br />

the Ministry of Labor, Solidarity<br />

and Social Security decided<br />

to postpone the obligation to pay<br />

the contribution for Social Security<br />

whose payment term ended today.<br />

Thus, employers who had to make<br />

the payment contribution until today,<br />

don’t have to do it anymore,<br />

and should wait for concrete measures<br />

in this regard, whose update<br />

we will give as soon as announced.<br />

Update of Law No. 1-A / 2020 of 19 March<br />

Regarding financing solutions<br />

with<br />

Public Support<br />

Capitalizar Credit Line - Covid-19 - Working capital and treasury<br />

management.<br />

With the purpose of mitigating<br />

negative effects of the new<br />

COVID 19 in Portugal, the Government,<br />

in relation with private<br />

companies, created a package of<br />

targeted measures.<br />

To support for its treasury, by<br />

means of the Resolution of the<br />

Council of Ministers of 13 March<br />

2020.<br />

In this context, the Linha Capitalizar<br />

Credit Card - “Covid-<br />

19, was created, with a global<br />

amount of 200 million euros,<br />

which aims to support companies<br />

whose activity is affected by


the current pandemic, with two<br />

specific purposes:<br />

> “Covid 19 – Fundo de Maneio”<br />

- operations for the needs of<br />

financing working capital, being<br />

the maximum amount<br />

of financing by company of<br />

1,500,000 euros in maximum<br />

period of 4 years.<br />

> “Covid 19 – Plafond de Tesouraria”<br />

- in which the maximum<br />

amount of funding per<br />

company is of 1,500,000 euros<br />

and whose maximum term<br />

is 1, 2 or 3 years, to encourage<br />

the credit offer in the modality<br />

of a credit limit in a revolving<br />

system which should grant an<br />

higher flexibility of the treasury<br />

management.<br />

The conditions of said Credit<br />

Lines are as follows:<br />

1. Beneficiaries:<br />

The beneficiaries of this credit<br />

line are mainly the Micro, Small<br />

and Medium companies (PMEs),<br />

certified by Electronic Declaration<br />

of IAPMEI I.P. and, also,<br />

bigger companies. In the case<br />

of bigger companies, the same<br />

must be, at least in a situation<br />

comparable to situation B-, in<br />

credit assessment.<br />

2. Operations not covered by<br />

this Financing:<br />

> Financial restructuring and / or<br />

consolidation of current credit;<br />

> Operations to settle or replace<br />

directly or indirectly previously<br />

agreed financing with the<br />

bank;<br />

> Acquisition of real estate, properties<br />

or vehicle that do not assume<br />

the character of “means<br />

of production” and commercial<br />

vehicles acquired by goods<br />

transport companies on behalf<br />

of third parties.<br />

However, it is admitted that:<br />

The beneficiary companies that<br />

develop activities in the primary<br />

sector, such as Agriculture,<br />

Livestock, Forestry and Extractive<br />

Industries, can acquire real<br />

estate as well as movable assets<br />

subject to registration as<br />

long as they are proven to be<br />

intended for the activity of the<br />

company;<br />

The acquisition of real estate<br />

that are related to business<br />

activity as long as they don’t<br />

develop activities at CAE division<br />

68 and that the maximum<br />

amount funding intended for<br />

its acquisition does not exceed<br />

50% of the total investment.<br />

Financial operations that are<br />

intended for related activities<br />

with export to third countries<br />

and Member State, in particular<br />

creation and operation of<br />

distribution networks.<br />

In the case of the Specific Line<br />

“Covid 19 – Plafond de Tesouraria<br />

“, there will not be eligible operations<br />

that are not to be exclusively<br />

intended for a treasury<br />

management need.<br />

3. Conditions of eligibility of a<br />

company:<br />

> Headquarters in national territory;<br />

7


8<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

> Activity duly defined in the<br />

CAE list;<br />

> No debts to FINOVA and without<br />

unregulated incidents<br />

with the Bank, on the date the<br />

of the financing contracts;<br />

> Situation regularized before<br />

the Tax Administration and Social<br />

Security at the date of the<br />

financing contracts;<br />

> Positive equity in the last approved<br />

balance sheet. Companies<br />

with negative equity in the<br />

last approved balance sheet<br />

can access the line if they have<br />

this balance sheet regularized<br />

situation until the moment of<br />

signature of financing contracts.<br />

> In the case of bigger companies,<br />

the company must at<br />

least be in a comparable situation<br />

to situation B-, in terms of<br />

credit rating;<br />

> Presentation of a declaration<br />

proofing the negative impacts<br />

of the Covid-19 outbreak in the<br />

company’s activity, namely<br />

verification at the date of hiring<br />

of a break in turnover in<br />

the last 30 days by 20% less<br />

than the 30 days immediately<br />

preceding, in accordance with<br />

a draft to be provided by the<br />

adherent banks.<br />

4. Operations:<br />

The operations in question<br />

are of credit and mutual<br />

guarantee.<br />

5. Banking products:<br />

5.1. “Covid 19 – Fundo de Maneio”-<br />

banking loan<br />

5.2. “Covid 19 - Plafond de Tesouraria<br />

– Plafond de Crédito<br />

in Revolving System<br />

6. Adherent banks<br />

> Abanca Corporacion Bancaria,<br />

S.A. - Sucursal em Portugal<br />

> Banco Bilbao Vizcaya Argentina,<br />

S.A. - Sucursal em Portugal<br />

> Banco BPI, S.A.<br />

> Banco Comercial Português,<br />

S.A.<br />

> Banco Português de Gestão,<br />

S.A.<br />

> Banco Santander Totta, S.A.<br />

> Caixa Central de Crédito Agrícola<br />

Mútuo, CRL<br />

> Caixa de Crédito de Agrícola<br />

Mútuo de Leiria, CRL<br />

> Caixa Económica Montepio<br />

Geral<br />

> Caixa Geral de Depósitos, S.A.<br />

> Novo Banco, S.A.<br />

> Banco BIC Português, S.A.<br />

> Novo Banco dos Açores, S.A.<br />

> Bankinter, S.A. - Sucursal em<br />

Portugal<br />

> Caixa de Crédito Agrícola Mútuo<br />

da Chamusca, CRL<br />

> Caixa de Crédito Agrícola Mútuo<br />

de Mafra, CRL


7. Credit:<br />

7.1. Covid 19 – Fundo de Maneio<br />

> Maximum Financing by Company<br />

- 1.5 million euros..<br />

> Capital reimbursement –<br />

monthly, quarterly or halfyearly<br />

and post-paid in equal<br />

instalments.<br />

> Maximum Transaction Term -<br />

Up to 4 years.<br />

> Maximum Capital Grace Period<br />

- Up to 12 months.<br />

> Fixed Rate Interest Rate Euribor<br />

swap for the term of the<br />

operation + spread.<br />

> Variable Interest Rate- 1, 3, 6 or<br />

12 months Euribor + spread.<br />

> Spread - 1.928% -3.278%.<br />

> Interest Rate Bonus - 0%.<br />

7.2.Covid 19 - Plafond de Tesouraria<br />

> Maximum Financing by Company<br />

- 1.5 million euros<br />

> Maximum Transaction Term -<br />

Up to 3 years.<br />

> Fixed Interest Rate - Euribor<br />

swap for the term of operation<br />

+ spread.<br />

> Variable Interest Rate - 1, 3, 6 or<br />

12 months Euribor + spread.<br />

> Spread - 1,943% - 3,278%.<br />

> Interest Rate Bonus - 0%.<br />

8. Mutual guarantee:<br />

> Mutual Guarantee - Up to 80%.<br />

> Mutual Guarantee Commission<br />

- 0.5%.<br />

> Bonus of Mutual Guarantee -<br />

100%.<br />

Other<br />

credit Lines<br />

In addition to the Credit Lines<br />

above, four other credit lines<br />

which cover all economic sectors<br />

were made available, through<br />

banking institutions and guaranteed<br />

by the State,<br />

These new Credit Lines represent<br />

3 billion euros of additional<br />

financing to the economy, with a<br />

grace period of up to 12 months,<br />

to be repaid up to four years, to<br />

be used by the following sectors:<br />

1. Restaurants and equivalents:<br />

Availability of 600 Million Euros,<br />

270 Million Euros of which for Micro<br />

and Small Companies.<br />

Beneficiaries:<br />

Microenterprises, PMEs, small<br />

midcap and mid cap, with:<br />

> Positive equity in the last approved<br />

balance sheet; or<br />

> Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

What are the conditions?<br />

> Maximum amount per company:<br />

1.5 million euros.<br />

> Guarantee: Up to 100% of capital<br />

in debt.<br />

9


10<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

> Counter-guarantees: 100%.<br />

> Term of operations: 4 years.<br />

2. Tourism (Travel Agencies;<br />

Animation; Organization of<br />

Events and Similar):<br />

Availability of 200 Million Euros,<br />

75 Million Euros of which for Micro<br />

and Small Companies.<br />

Beneficiaries:<br />

Microenterprises, PMEs, small<br />

mid cap and mid cap, with:<br />

> Positive equity in the last approved<br />

balance sheet; or<br />

> Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

What are the conditions?<br />

> Maximum amount per company:<br />

1.5 million euros.<br />

> Guarantee: Up to 100% of capital<br />

in debt.<br />

> Counter-guarantees: 100%.<br />

> Term of operations: 4 years.<br />

3. Tourism<br />

Provision of 900 Million Euros,<br />

300 million Euros of which for<br />

Micro and small companies.<br />

4. Industry (Textile, Clothing,<br />

Footwear, extractive industries<br />

(ornamental rocks) and<br />

row wood and cork)<br />

Provision of 300 Million Euros,<br />

400 million Euros of which for<br />

Micro and Small Companies.<br />

Beneficiaries:<br />

Microenterprises, SMEs, small<br />

mid cap and mid cap, with:<br />

> Positive equity in the last approved<br />

balance sheet; or<br />

> Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

What are the conditions?<br />

> Maximum amount per company:<br />

1.5 million euros.<br />

> Guarantee: Up to 100% of capital<br />

in debt..<br />

> Counter-guarantees: 100%.<br />

> Term of operations: 4 years.<br />

60 Million Euros Credit Line in<br />

the tourism sector, operated by<br />

Tourism of Portugal, I.P.<br />

Beneficiaries:<br />

Tourism micro-enterprises<br />

which:<br />

> Are licensed and registered<br />

in the National Tourism, if required;<br />

> Do not find yourself in a situation<br />

company in difficulty; and<br />

> Have not been subject to administrative<br />

or judicial sanctions<br />

the past 2 years.<br />

What are the conditions?<br />

> Amount: 750 € / month / worker.<br />

> Maximum amount: 20 thousand<br />

euros.<br />

> Duration: 3 months.<br />

> Repayment: 3 years (with 1 year<br />

of grace period).<br />

> No interest.<br />

> Guarantee: Personal partner<br />

guarantee.


11<br />

Update of Law No. 1-A / 2020 of 19 March<br />

Exceptional support<br />

measures to companies<br />

during and after this crisis<br />

Credit lines<br />

Credit Lines representing 3 thousand<br />

million euros of financing<br />

with a with a grace period up to<br />

12 months to be amortized up to<br />

four years were made available,<br />

through banking institutions<br />

and guaranteed by the State for<br />

restaurants and similar, tourism<br />

(travel agencies animation; organization<br />

of events and similar),<br />

tourism (developments and<br />

accommodations) and industry<br />

(textiles, clothing, footwear, industries<br />

and the wood and cork).<br />

Regarding the restaurants and<br />

similar activities 600 million euros<br />

will be made available 270<br />

million euros of which will be targeted<br />

to Micro and Small business.<br />

The credit lines are to be used by<br />

micro-enterprises, PMEs, small<br />

mid cap and mid cap with:<br />

Positive equity in the last approved<br />

balance sheet; or<br />

Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

Companies will have to fill the<br />

following requirements:<br />

Company statement on the<br />

negative impact of COVID-19<br />

and fulfilment of requirements.<br />

Situation regularized before<br />

the SS and the AT.<br />

The conditions for allocation of<br />

these credit lines are the following:<br />

Maximum per company: 1.5<br />

Million of Euros;<br />

Guarantee: Up to 100% of capital<br />

in debt;<br />

Counter-guarantees: 100%;<br />

Term of operations: 4 years.<br />

As for tourism it will be made<br />

available a credit line for travel<br />

agencies, animation tourism, organization<br />

of similar events and<br />

companies, in the total amount<br />

of200 million Euros, 75 Million<br />

Euros of which will be directed<br />

to Micro nd Small businesses.<br />

Credit lines are intended microenterprises,<br />

PMEs, small mid cap<br />

and mid cap with:<br />

Positive equity in the last approved<br />

balance sheet; or<br />

Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

The Companies will have to fulfil<br />

the following requirements:<br />

Company statement on the


12<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

negative impact of COVID-19<br />

and fulfilment of requirements;<br />

Situation regularized before<br />

the SS and the AT.<br />

The conditions for allocation of<br />

these credit lines are the following:<br />

Maximum per company: 1.5<br />

Million of Euros;<br />

Guarantee: Up to 100% of capital<br />

in debt;<br />

Counter-guarantees: 100%;<br />

Term of operations: 4 years.<br />

Furthermore, in relation with<br />

tourism a credit line will be<br />

made available to support credit<br />

of tourism companies, namely<br />

tourist real state and tourist accommodation<br />

in the amount of<br />

900 million euros, 300 Million<br />

Euro of which will be targeted to<br />

micro and small companies.<br />

Credit lines are intended for microenterprises,<br />

SMEs, small mid<br />

cap and mid cap with:<br />

Positive equity in the last approved<br />

balance sheet; or<br />

Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

Companies will have to fulfil the<br />

following requirements:<br />

Company statement on the<br />

negative impact of COVID-19;<br />

Situation regularized before<br />

the SS and the AT.<br />

The conditions for allocation of<br />

these credit lines are the following:<br />

Maximum per company: 1.5<br />

Million of Euros;<br />

Guarantee: Up to 100% of capital<br />

in debt;<br />

Counter-guarantees: 100%;<br />

Term of operations: 4 years.<br />

Finally, regarding the industry,<br />

in strand of textiles, clothing,<br />

footwear, extractive industries<br />

(rocks ornamentals) and the row<br />

of wood and cork will be made<br />

available 1,300 million Euros, 400<br />

Million Euros of which will be directed<br />

to Micro and Small Companies.<br />

Credit lines are intended to Microenterprises,<br />

SMEs, small mid<br />

cap and mid cap with:<br />

Positive equity in the last approved<br />

balance sheet; or Negative<br />

equity and settlement interim<br />

balance approved by the<br />

date of operation.<br />

Companies will have to fulfil the<br />

following requirements:<br />

Company statement on the<br />

negative impact of COVID-19;<br />

Situation regularized before<br />

the SS and the AT.<br />

The conditions for allocation of<br />

these credit lines are the following:<br />

Maximum per company: 1.5<br />

Million of Euros;<br />

Guarantee: Up to 100% of capital<br />

in debt;<br />

Counter-guarantees: 100%;<br />

Term of operations: 4 years.<br />

Furthermore, the Government<br />

will continue to support all sectors<br />

that are affected by the pan-


demic coronavirus to minimize<br />

impacts negative that this crisis<br />

will have on companies.<br />

Other credit lines are also available<br />

in the amount of 260 million<br />

euros that will be distributed as<br />

follows:<br />

a) 200 Million credit line Euros to<br />

support treasury, within the<br />

framework of the Programa<br />

Capitalizar (operationalized<br />

by banking sector), including<br />

sectors not covered by<br />

the previously listed lines;<br />

b)60 Million credit line Euros<br />

for microenterprises in the<br />

tourism sector (operated by<br />

Portugal Tourism).<br />

a)The 200 Million Euros credit<br />

line is preferably intended to micro<br />

companies, PME, small mid<br />

cap and mid cap with:<br />

Positive equity in the last approved<br />

balance sheet; or<br />

Negative equity and settlement<br />

interim balance approved by<br />

the date of operation.<br />

Companies will have to fulfil the<br />

following requirements:<br />

Company statement on the<br />

negative impact of COVID-19;<br />

Situation regularized before<br />

the SS and the AT.<br />

The conditions for allocation of<br />

these credit lines are the following:<br />

Maximum per company: 1.5<br />

Million of Euros;<br />

Guarantee: Up to 80% of capital<br />

in debt;<br />

Counter-guarantees: 100%;<br />

Term of operations: 4 years<br />

for Working Capital and 1 to 3<br />

years for Treasury.<br />

b) The 60 Million Euros Credit<br />

Line is intended for micro-enterprises<br />

in the tourism sector (operated<br />

by Tourism Portugal) that:<br />

Are licensed and registered before<br />

the National Tourism, if required;<br />

Have not been subject to administrative<br />

or judicial sanctions<br />

the past 2 years.<br />

Companies will have to fulfil the<br />

following requirements:<br />

Company statement on the<br />

negative impact of COVID-19;<br />

Situation regularized before<br />

the SS and the AT.<br />

The conditions for allocation of<br />

these credit lines are the following:<br />

Amount: 750 € / month / worker;<br />

Maximum amount: 20 thousand<br />

euros;<br />

Duration: 3 months;<br />

Refund: 3 years (1 year of absence);<br />

Interest-free;<br />

Guarantee: Personal guarantee<br />

of partner;<br />

Responsible entity: Tourism of<br />

Portugal, I. P.<br />

PT 2020 INC<strong>EN</strong>TIVES<br />

> Support provided for the Portugal<br />

2020<br />

1) Payment terms reduced: Payments<br />

in shortest possible<br />

13


14<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

time after payment requests<br />

are presented by companies,<br />

which can be carried out, at<br />

the limit, as advance, these<br />

being subsequently regularized<br />

with the calculation of<br />

the incentive payable by the<br />

body intermediate / paying<br />

agency without any formality<br />

for beneficiaries.<br />

2) Deferral of incentive benefits<br />

refunds<br />

(QR<strong>EN</strong> and Portugal 2020): For<br />

companies with breaks in the<br />

turnover or reserves or orders<br />

superiors to 20% in the two<br />

months prior to the presentation<br />

of the repayment plan<br />

period in relation with the<br />

same the previous year period<br />

the deferral for a period of<br />

12 months of the instalments<br />

due until 30 September 2020<br />

on assigned refundable subsidies<br />

within the incentives systems<br />

of QR<strong>EN</strong> or Portugal 2020<br />

free of charge, interest or other<br />

penalty for the beneficiary<br />

companies<br />

3) Eligibility of costs with cancelled<br />

or postponed actions:<br />

Proven expenses supported<br />

by the beneficiaries in initiatives<br />

or cancelled or delayed<br />

actions for reasons related to<br />

COVID-19 foreseen in projects<br />

approved by Portugal 2020,<br />

namely in areas of internationalization<br />

and vocational training,<br />

are eligible for reimbursement.<br />

4) Consideration of COVID-19 as<br />

a reason for force majeure in<br />

the support of Portugal 2020:<br />

The negative impacts arising<br />

of COVID -19 that give insufficient<br />

achievement of actions<br />

or goals, can be considered<br />

force majeure reasons not of<br />

the responsibility of the beneficiaries<br />

in the evaluation<br />

of the contractual objectives<br />

within the scope of incentive<br />

systems of Portugal 2020.<br />

TAXATION<br />

> Flexibility to comply tax obligations<br />

Considering the calendar taxation<br />

relating to payment for<br />

the second quarter of 2020,<br />

the Government decides to<br />

make payment more flexible<br />

taxes for businesses and selfemployed<br />

workers.<br />

This flexibilization allows that<br />

on the due payment date the<br />

obligation can be fulfilled by<br />

one of the following ways:<br />

> immediate payment, under<br />

the usual terms;<br />

> payment divided into three<br />

monthly instalments without<br />

interest;<br />

or<br />

> fractional payment in six<br />

monthly instalments, being<br />

late payment interest only applies<br />

to the last three.<br />

For all of these situations of<br />

fractional payment instalments<br />

it will not be necessary<br />

for people or companies to<br />

provide any guarantee.<br />

This measure covers VAT payments<br />

(in the monthly and


quarterly) and delivery to the<br />

state of retentions in the source<br />

of IRS and IRC and is applicable<br />

to self-employed and companies<br />

with a volume of business<br />

up to 10 million euros in 2018,<br />

or beginning of activity from<br />

1 January 2019. The remaining<br />

companies or self-employed<br />

may require the same payment<br />

flexibility of these tax obligations<br />

of the 2nd quarter if they<br />

had a decrease in turnover of<br />

at least least 20% on average of<br />

the three months prior to the<br />

month in that this obligation<br />

exists on the same period of<br />

the previous year.<br />

Exceptional measures related<br />

with the exemption from providing<br />

work / company obligations<br />

towards its workers<br />

In the context of exceptional<br />

measures, one of the first measures<br />

of the Government was to<br />

caution the workers and their<br />

families.<br />

Thus, the Portuguese Government<br />

through Decree-Law No.<br />

10- A / 2020 came to establish<br />

a set of protection measures in<br />

sickness and parenting, cf. referred<br />

to in Articles 19 and ss of<br />

the identified diploma.<br />

Regarding the situations that require<br />

prophylactic isolation, the<br />

diploma expressly refers the following:<br />

The situation of prophylactic isolation<br />

was treated like a disease<br />

situation for 14 days of workers<br />

on behalf of others and self-employed<br />

workers on the general<br />

social security scheme, motivated<br />

by situations of serious risk to<br />

public health announced by the<br />

entities that exercise authority of<br />

health (designated entities identifies<br />

in article 5 of DL 82/2009 of<br />

2 of April).<br />

The granting of a subsidy for situations<br />

requiring prophylactic<br />

isolation correspond to 100% of<br />

the remuneration.<br />

The entitlement to this subsidy<br />

for disease does not depend on<br />

verification of the guarantee period,<br />

the professionality index,<br />

the temporary disability certification<br />

to work and not is subject<br />

to waiting period.<br />

In the case of beneficiaries who<br />

does not have more than six<br />

months with record of remunerations,<br />

the reference remuneration<br />

is defined according to the<br />

following formula:<br />

R/(30 x n)<br />

R = total registered earnings<br />

since the beginning of the period<br />

of reference until the day before<br />

prophylactic isolation<br />

n = number of months for which<br />

they report<br />

Also, in situations of illness of<br />

workers or of self-employed<br />

workers in the general social<br />

security regime with sickness<br />

caused by COVID-19, the attribution<br />

sickness benefit is not subject<br />

to waiting period.<br />

Furthermore, it should be noted<br />

that, in the case of assistance of<br />

a child or grandchild in prophylactic<br />

isolation a subsidy was created,<br />

that is, it was recognized<br />

that the situation is justified due<br />

to monitoring prophylactic isolation<br />

during 14 days of child or<br />

other dependent on workers on<br />

behalf of others of the general<br />

social security scheme, motivated<br />

by situations of serious risk to<br />

public health.<br />

15


16<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

It is also considered the allocation<br />

of a grant for assistance of<br />

a child or grandchild under 12<br />

years, or regardless of age, with<br />

disability or chronic illness, in<br />

prophylactic isolation.<br />

The granting of this allowance<br />

does not depend on guarantee<br />

period.<br />

In the case of beneficiaries who<br />

do not have six months with registration<br />

of remunerations, remuneration<br />

reference is defined<br />

with the formula R / (30 x n).<br />

Yet, as additional family support<br />

for workers on behalf of others, it<br />

is implemented that:<br />

The absences of workers resulting<br />

from teaching and nonteaching<br />

face-to-face activities<br />

at school or at any other<br />

scholar establishment are considered<br />

justified, without loss<br />

of rights except for retribution.<br />

The worker who perform his<br />

work to another person will<br />

still have the right to receive<br />

exceptional monthly, support<br />

corresponding to two thirds<br />

of your base salary, paid in<br />

equal parts by employer and<br />

the Social Security, with the<br />

limit minimum remuneration<br />

minimum monthly guarantee<br />

and by maximum limit three<br />

(RMMG).<br />

The Social Security portion is<br />

handed over to the employer<br />

which shall pay it entirety to<br />

the worker.<br />

When the employer is a public<br />

entity, with exception of the<br />

business sector of the state,<br />

the support provided for in this<br />

article is fully guaranteed in<br />

the same terms.<br />

This support is automatic deferred<br />

upon request of the employer.<br />

It should be noted that, this is<br />

a subsidiary measure because<br />

it only applies in the circumstances<br />

in which no other way<br />

is possible for the worker activity,<br />

namely through teleworking,<br />

and can only be granted to<br />

one of the parents and regardless<br />

of the number of children<br />

in charge.<br />

As for the measures to support<br />

self-employed workers, Decree-<br />

-Law No. 10-A / 2020 in arts. 26<br />

and ss provides the following<br />

measures:<br />

In situations of assistance to<br />

child up to 12 years old or independently<br />

age, with chronic<br />

disability or illness due to the<br />

closure of the educational establishment,<br />

the self-employed<br />

subject to compliance of the<br />

contributory obligation in at<br />

least 3 consecutive months at<br />

least 12 months ago, is entitled<br />

to a monthly support corresponding<br />

to one third of basis<br />

monthly contribution referring<br />

to the first quarter of 2020.<br />

This support is limited to 1 Indexing<br />

of Social Support (IAS)<br />

and maximum of 2 ½ IAS<br />

Support is allocated automatically<br />

upon request, as long as<br />

there are no other ways to perform<br />

the worker activity namely<br />

through teleworking and can<br />

only be received by one of the<br />

parents regardless the number<br />

of children.<br />

This support and the one foreseen<br />

for dependent workers<br />

cannot be obtained simultaneously<br />

by both parents and is<br />

only receives once regardless of


the number of children.<br />

In what concern the extra-ordinaries<br />

support measure in relation<br />

with the reduction of the<br />

economic activity of the independent<br />

worker the following<br />

should be noted:<br />

Self-employed workers other<br />

than pensioners will be entitled<br />

to financial support if in a<br />

proven situation of completely<br />

stopping of activity or of their<br />

activity sector as a result go an<br />

outbreak of COVID-19 through<br />

a statement from himself, under<br />

honour, or from a certified<br />

accountant who can attest the<br />

mentioned circumstances.<br />

The self-employed will be entitled<br />

to financial support for<br />

one month, monthly, extendable<br />

up to a maximum of six<br />

months, corresponding to the<br />

value of its registered remuneration<br />

as the basis of contributory<br />

impact, with the IAS<br />

value limit.<br />

Financial support is paid from<br />

the month following the presentation<br />

of the application.<br />

As long as the payment of the<br />

extraordinary support is maintained,<br />

the independent worker<br />

maintains the quarterly declaration<br />

obligation when subject to<br />

this obligation.<br />

This support cannot be combined<br />

with the planned support<br />

for children assistance by virtue<br />

of the establishment education.<br />

The workers covered with this<br />

financial support are entitled to<br />

defer the payment of contributions<br />

due in the months this extraordinary<br />

financial support is<br />

paid.<br />

The payment of contributions<br />

due for the period of differently<br />

must be carried out from the<br />

second month after a maximum<br />

period of 12 months, in monthly<br />

and equal instalments.<br />

To the instalment agreements it<br />

is applicable art. 8 of DL 213/2012<br />

of 25 September.<br />

Other exceptional measures related<br />

to the dispensation to provide<br />

work and obligations from<br />

companies to workers, established<br />

by the government under<br />

the declaration state of emergency<br />

are the following:<br />

All public services will be performed<br />

though teleworking,<br />

services that include public<br />

attendance will remain close,<br />

being recommended in this<br />

period telephone or online services.<br />

It will only be possible to<br />

use public services in person<br />

through advanced booking.<br />

Teleworking is now recommended<br />

for all companies,<br />

public and private, whose activity<br />

can be carried out.<br />

Companies that have to keep<br />

up and running face-to-face<br />

work, including factories are<br />

obliged to follow the guidelines<br />

of the General Directorate<br />

of Health of social distance,<br />

individual protection of<br />

workers and hygiene of work<br />

places. This protection should<br />

be ensured by the companies,<br />

namely through the acquisition<br />

of goods individual protection<br />

and sanitation. These<br />

recommendations apply to<br />

canteens and cafeterias, which<br />

will remain working.<br />

17


18<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

Extraordinary Measures<br />

of Protection of Leaseholders<br />

and Housing<br />

Law No. 1-A / 2020 of 19 March established protection rules to<br />

tenants until the prevention measures cease, containment, mitigation<br />

and treatment of COVID-19 disease.<br />

In these terms it is suspended:<br />

1. The effect of the termination made by the landlords, in housing<br />

and non-housing lease agreements, protecting the tenant’s position<br />

that will maintain the right to use the property.<br />

2. The execution of mortgages on properties that constitute family<br />

house of the debtor.<br />

Air Traffic Interdiction<br />

(Order No. 3427-A / 2020)<br />

As a preventive and containment<br />

of the spread of COVID-19<br />

disease, it was declared that for<br />

a period of 30 day all air traffic<br />

with destination and depart<br />

from Portugal for countries not<br />

integrated in the European Union<br />

is interdicted.<br />

Any flights from third countries,<br />

not previously mentioned intended<br />

for allowing the return<br />

of nationals Portuguese and / or<br />

residence permit are authorized,<br />

provided that such flights are<br />

promoted by competent authorities<br />

of such countries.<br />

Civil Requisition<br />

However it is flights between<br />

Portugal and the following countries<br />

will be permitted:<br />

1. Countries associated with<br />

Schengen space- Liechtenstein,<br />

Norway, Iceland and<br />

Switzerland;<br />

2. The Portuguese-speaking<br />

countries, with the exception<br />

of Brazil which is limited to<br />

flights from and to São Paulo<br />

and Rio de Janeiro;<br />

3. United Kingdom, United States<br />

of America, Venezuela, Canada<br />

and South Africa, due the presence<br />

of important Portuguese<br />

communities.<br />

By means of Decree No. 73-A /<br />

2020 and the Council of Ministers<br />

Resolution No. 10-C / 2020,<br />

the Civil Requisition of the stowage<br />

and port workers was declared.<br />

This civil requisition aims to<br />

ensure the regular functioning<br />

of ports, due to the strike of<br />

the port and stowage workers,<br />

whose momentary or continuous<br />

shutdown, would cause serious<br />

disturbances in this period<br />

of emergency.<br />

In these terms, the requisition<br />

for these workers was declared<br />

until 30 of March of 2020 or until<br />

the end of its stike.


Securities and exchange<br />

commission<br />

Generic measures:<br />

The constraints of COVID-19 disease<br />

have affected the markets<br />

across the globe so the CMVM in<br />

the light of the circumstances in<br />

defense of the market, of investors<br />

and their entities decided to:<br />

Supervise the operability of continuity<br />

business plans of entities<br />

under the prudential supervision<br />

and / or behavioural.<br />

That must be communicated to<br />

CMVM the immediately activation<br />

of continuity business plans<br />

and eventual situations where<br />

such continuity can be found in<br />

risk.<br />

Clarify that the business plans<br />

continuity should ensure the<br />

ability of compliance with all legal<br />

and regulatory duties, namely<br />

reporting of information and<br />

safeguarding investor rights, including<br />

the provision of information<br />

to investors and registration<br />

of orders received.<br />

Promote the assessment of difficulties<br />

information in order to<br />

resolve any constraint that can<br />

affect the legal duty of information.<br />

Strengthen the reporting obligations<br />

communication to the<br />

CMVM, namely increasing the<br />

frequency of reporting some<br />

obligations, in particular in the<br />

scope of asset management, in<br />

case this information is daily required.<br />

Increase the daily contacts with<br />

management entities and market<br />

structures.<br />

Issuers must communicate, as<br />

soon as possible, all relevant information<br />

about Covid-19 impacts<br />

on its business, financial<br />

situation and economic performance.<br />

Financial reporting - in particular,<br />

the 2019 annual financial report<br />

if it hasn’t been finalized or,<br />

otherwise, when reporting interim<br />

- should also reflect impacts<br />

both current or potential, as far<br />

as possible, taking a based on a<br />

quantitative and qualitative assessment.<br />

Monitor investor performance<br />

with small positions in national<br />

issuers and depending on their<br />

effects for the market and for<br />

issuers, to evaluate on a permanent<br />

basis the possibility of<br />

introduce temporary prohibitions<br />

of constitution or reinforcement<br />

of small positions on<br />

shares traded on the national<br />

marked, privileging that measures<br />

of this nature are adopted<br />

in a coordinated manner and<br />

uniform in accordance with the<br />

European plan;<br />

Recommendations<br />

on the Audit activity<br />

Given the limitations on access<br />

to information or customers facilities,<br />

alternative procedures<br />

should be developed to allow<br />

the consultation of important<br />

and relevant documents for the<br />

legal accounts certification or<br />

any other audit reports.<br />

In view of the above, CMVM recommends<br />

to the auditors the<br />

following:<br />

Promote an assessment of<br />

business continuity audited<br />

entity, identifying economic<br />

prospects and direct impacts<br />

resulting from the spread of<br />

COVID-19 disease.<br />

19


20<br />

Legal Update Covid-19<br />

20 MARCH 2020<br />

Collaborate with entities audited<br />

to identify the impacts and<br />

risks that the spread of COV-<br />

ID-19 can provoke in activity<br />

and financial demonstrations.<br />

Carry out an assessment and<br />

confirmation on the adequacy<br />

of their disclosures in the financial<br />

statements measures<br />

and implement measures to<br />

allow a response to the identified<br />

risks.<br />

Recommendations<br />

on conducting General<br />

Assemblies:<br />

Following the measures decreed<br />

by the Government for the General<br />

Assemblies (Decree-Law No.<br />

10-A / 2020, of 13 March), namely<br />

the extension of completion<br />

deadlines of general meetings<br />

until 30 June 2020, CMVM recommends<br />

that:<br />

If implications lead to the impossibility<br />

of a general telematic<br />

meetings a combination of faceto-face<br />

and non-face-to-face<br />

means should be used, as follows:<br />

Partial use of telematic communication<br />

and interactive<br />

means, allowing interactivity<br />

among the participants of that<br />

meeting.<br />

Promotion of means of a digital<br />

broadcasting and remotely<br />

viewing or the availability of<br />

physical separated spaces with<br />

video access to the meeting<br />

site.<br />

The availability of prior information<br />

of the General Assembly<br />

(such as the agenda, time and<br />

telematic access information)<br />

published on the company`s<br />

website<br />

The exercise of voting rights<br />

and information as well as other<br />

communications carried out<br />

electronically.<br />

That the means available to the<br />

General Assembly allow the full<br />

identification of present shareholders

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