For the purpose of considering and deciding whether to provide the guarantee, the financing institutions* that have entered into Cooperation Agreements with FGCR shall observe the following general minimum conditions of guarantee:
- The loan must be used for purchasing agricultural land (iii)up to a cumulative ceiling of no more than 750 ha in ownership;
- The beneficiary must submit the documents issued by the Agency for Payments and Interventions in Agriculture (APIA)/the National Agency for Fisheries and Aquaculture (ANPA) which state the total area of land held by the beneficiary and the types of holding: lease, ownership, concession, etc.;
- The beneficiary’s rating by the financing institution must allow for the guarantee to be granted;
- The beneficiary must not be in financial distress (iv);
- The beneficiary must not be subject to insolvency proceedings and must not meet the criteria set forth by the national legislation for the initiation of collective insolvency proceedings at the request of its creditors;
- The beneficiary/third-party guarantors must submit to the financing institution collateral guarantees that, together with the FGCR guarantee, fully cover the approved loan and the related interest. In the case of loans granted for purchasing agricultural land, the collateral guarantees will be secured with the land purchased from the loan money and/or with other assets owned by the borrower or by the third-party guarantors;
- The beneficiary must not have overdue amounts recorded in the Central Credit Register/Credit Bureau records (or, if such amounts exist, their payment must be confirmed by the date the guarantee is approved);
- A suretyship contract must be concluded with at least one natural person acting as stockholder/shareholder/director/legal representative of the loan beneficiary.
The following financing institutions have entered into Cooperation Agreements with FGCR that allow for simplified general conditions of guarantee: CEC Bank, Banca Transilvania, OTP Bank and Libra Internet Bank.
For those financing institutions that have not entered into Cooperation Agreements allowing for simplified general conditions of guarantee, the following requirements also apply:
– must not have overdue debts to the general government budget, whereby the payment of such debts has not been regulated (staggered payment agreements, postponement, etc.) or they are larger than the amounts to be recovered from the government budget, as specified in the tax certificate;
– must not be subject to foreclosure by the National Agency for Fiscal Administration (ANAF) (unless such foreclosure is suspended following the approval of staggered payments for the tax obligations), according to Section III.D “Other mentions” in the tax certificate;
– must have no debts with the competent fiscal authorities.