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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 />
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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 />
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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 />
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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 />
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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 />
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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 />
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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