Firm in difficulty
One of the conditions that self-employed persons must fulfil in order to be able to claim a contribution from the State is that self-employed persons are not firms in difficulty as of 31 December 2019.
In determining whether a self-employed person is a firm in difficulty, a first of all distinguishes whether it is a small and medium-sized enterprise (SME) or not.
What is a small and medium-sized enterprise?
- zamestnávajú < ako 250 osôb a
- majú ročný obrat < 50 miliónov eur alebo hlavné aktíva < 43 miliónov eur
When is a small and medium-sized enterprise in difficulty?
In determining whether a small and medium-sized enterprise (SME) is in difficulty, it is important whether or not a SME has existed for less than 3 years.
SMEs have existed for less than 3 years
If a small and medium-sized enterprise has existed for less than 3 years, only one condition is pursued, namely whether the enterprise fulfils at least one of the conditions set out in the Bankruptcy Act, i.e. whether the
- insolvency proceedings have been opened,
- he has been declared bankrupt,
- insolvency proceedings have been suspended due to a lack of assets, or
- cancelled bankruptcy due to lack of assets.
If a SME fulfils at least one of these conditions, it is a firm in difficulty.
SMEs have existed for 3 years or more
Two conditions are monitored, namely whether
the undertaking fulfils at least one of the conditions laid down in the Bankruptcy Act, or
accumulated losses > 1/2 of the share capital
If a SME fulfils at least one of these conditions, it is a firm in difficulty.
Big business
When is a large company in difficulty?
- employs > than 250 persons, or
- has an annual > of EUR 50 million or the main assets > EUR 43 million
-
- the undertaking fulfils at least one of the conditions laid down in the Bankruptcy Act, or
- accumulated losses > 1/2 of the share capital, or
- za posledné 2 roky bol účtovný pomer celkových záväzkov podniku k vlastnému imaniu > 7,5 a pomer zisku podniku pred úrokmi, zdanením a odpismi (EBITDA) k nákladovým úrokom < 1,0