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What it is

Direct aid and solvency support for businesses and self-employed hit by COVID-19

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 15 March 2021. Introduced by: Gobierno.

Official title: Royal Decree-Law 5/2021, of March 12, on extraordinary measures to support business solvency in response to the COVID-19 pandemic.

Source: Congreso de los Diputados, file 130/000045· updated 11 Nov

Automatic summary, not yet reviewed

  1. A Covid direct aid line is created, with 7 billion euros, for self-employed people and companies whose sales fell by more than 30% in 2020 compared to 2019 and whose activity is listed in Annex I. The aid is restricted to specific uses: it must go to paying debts, suppliers and fixed costs, and reducing State-guaranteed debt comes first.
  2. The Autonomous Communities and the Cities of Ceuta and Melilla run the aid programs in their territory. The Balearic Islands and the Canary Islands have their own 2 billion euro compartment, and the rest share 5 billion distributed using income, unemployment and youth unemployment indicators.
  3. Maximum aid amounts vary by size and sales drop: up to 3,000 euros for those taxed under the objective estimate regime, and for everyone else a percentage of the drop (40% with 10 or fewer employees, 20% with more), with a minimum of 4,000 and a maximum of 200,000 euros.
  4. Aid recipients must keep the activity running until June 30, 2022, pay no dividends in 2021 and 2022, and not raise senior management pay for two years. If they fail, the money must be returned.
  5. A Covid financial debt restructuring line is created, with 3 billion euros, allowing as a last resort part of the public guarantee to be converted into transfers to reduce the debt of viable businesses and self-employed people, within a renegotiation with the banks. Maturity dates of guaranteed loans can also be extended, and loans can be converted into participative loans while keeping the guarantee.
  6. A voluntary Code of Good Practices is created for financial institutions, coordinating support measures for debtors. A bank that applies it incorrectly can be sanctioned as a minor or serious offense under the credit institutions law.
  7. A Fund for the recapitalization of companies affected by Covid is created, with 1 billion euros, managed by COFIDES, to strengthen the solvency of viable medium-sized companies hit by the pandemic. The Fund will not support companies that were already unviable before COVID-19, and it ends after a maximum of eight years.
  8. Insolvency moratoriums are extended until December 31, 2021: debtors are not required to file for insolvency proceedings and courts will not accept creditors' compulsory insolvency petitions. Also, tax debt deferrals are extended to four months without interest for debtors with turnover of up to 6,010,121.04 euros.

Who it affects

  • Self-employed people and companies in the sectors listed in Annex I with a sales drop above 30% in 2020: They can apply for direct aid to pay debts, suppliers and fixed costs.
  • Companies and self-employed people with State-guaranteed loans: They can access maturity extensions, conversion into participative loans, or debt reduction through public transfers.
  • Financial institutions: They can voluntarily join the Code of Good Practices and take on part of the principal reduction in renegotiations.
  • Viable medium-sized companies affected by the pandemic: They can receive support from the new recapitalization fund managed by COFIDES.
  • Individuals and entities with tax debts and turnover of up to 6,010,121.04 euros: They can defer tax payments for six months, interest-free during the first four months.

Words worth knowing

Aval público (public guarantee)
A State guarantee: if the company does not repay the loan, the State answers to the bank.
Préstamo participativo (participative loan)
A loan whose interest partly depends on the company's profits and which, for commercial law purposes, is treated like capital.
Concurso de acreedores (insolvency proceedings)
A court procedure for a company or person that cannot pay its debts, in which a judge organizes payment to creditors.
CNAE
National Classification of Economic Activities: codes that identify each company's line of business.
Estimación objetiva (objective estimate regime)
A tax regime (formerly known as 'módulos') under which self-employed people and small businesses pay taxes based on fixed indexes, not their actual books.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced15 March 2021Someone registers the text in the Congreso.
  2. Admitted23 March 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary23 March 2021All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Mar 202111. 15 March 2021: Presentación22. 23 March 2021: Calificación33. 23 March 2021: Pleno Convalidación desde 23/03/2021 hasta 25/03/202144. 25 March 2021: Concluido - (Convalidado y tramitado como Proyecto de Ley) desde 25/03/2021 hasta 06/04/2021

25 March 2021

How did the plenary vote?

More votes in favour 345 yes · 0 no · 4 abst.

Voted on: Processing as a Government bill by the urgent procedure of Royal Decree-Law 5/2021, of March 12, on extraordinary measures to support business solvency in response to the COVID-19 pandemic.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 9 of sitting 88· updated 11 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX. 4 deputies voted differently from their group.

By province: in 52 most voted in favour; in 0, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
6 in favour
Mixto10
8 in favour · 2 abst.
Ciudadanos9
9 in favour
Gcup-ec-gc35
34 in favour · 1 did not vote
GPlu12
10 in favour · 2 abst.
Popular en el Congreso88
88 in favour
VOX52
52 in favour

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 5/2021, of March 12, on extraordinary measures to support business solvency in response to the COVID-19 pandemic.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.