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Guarantees granted for credits dedicated to the financing of working capital on the basis of the certificates issued by APIA

 

Pursuant to Law no. 329/2009 and to Government Emergency Ordinance no. 43/2013, the Rural Credit Guarantee Fund (FGCR) may provide guarantees in favour of banks and other financing institutions that have entered into Cooperation Agreements with the Fund, in order to secure the loans they grant for financing operating activities/working capitals in agriculture based on APIA certifications (agricultural land, animal welfare, etc.).

The FGCR guarantee can cover up to 80 % of the loan value. The outstanding amount of the guarantees, up to the value of the loan plus the related interest, will be secured by the beneficiary/third-party guarantors. The main guarantee is usually represented by the transfer of the amounts to be collected from APIA.

The Fund has developed simplified guarantee provision mechanisms, so that obtaining the guarantee should not hinder the lending process.

Farmers who have APIA certifications, registered as:

  • Commercial companies
  • Associations, agricultural companies and agricultural cooperatives
  • Authorised natural persons, individual enterprises, family enterprises
  • Natural persons acting as agricultural producers
  • The loan must be approved based on an APIA certification;
  • The loan must have a maximum 6M ROBOR rate + 2 %;
  • The beneficiary’s rating by the bank must allow for the guarantee to be granted;
  • The beneficiary must not be in financial distress;
  • 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 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 of the stockholders/shareholders/directors/legal representatives of the firm, acting as natural person(s) –except for those beneficiaries who are natural persons.

*The loan agreement can be signed before applying for the FGCR guarantee, subject to obtaining the guarantee from the Fund

As of 2019, for the guarantees granted in compliance with GEO no. 43/2013, the guarantee fee has been reduced to 1.6 % per year (as a single premium) for all categories of beneficiaries, irrespective of their type (commercial companies, authorised natural persons, individual enterprises, family enterprises, natural persons pursuing economic activities, etc.), as well as for newly established companies and companies that have never taken loans before.
For the guarantees granted under Law no. 329/2009, the guarantee fee is determined according to the table below:

Commercial companies/agricultural companies/cooperatives Authorised natural persons, individual enterprises, family enterprises, newly established companies or companies that have never taken loans before, natural persons
Starting from 1.25 % per year* 3.8 % per year

 

The fee applies only to the value of the FGCR guarantee, not to the entire loan value.

Where the lending period is shorter than one year, the fee is calculated for that period only.

*Based on the beneficiary’s rating by the bank.

FGCR-specific documents

  • The guarantee application (a document reserved to the bank);
  • A declaration on not being “in distress”
    • Simplified form – for natural persons, authorised natural persons, individual enterprises, family enterprises, and companies established less than three years before;Download
    • Complete form – for companies established for more than three years;Download
  • Declaration of acceptance of the FGCR policy on the processing of personal data, signed by the legal representative (original). Download

Documents that are usually included in the loan file of the bank:

  • The latest annual balance sheet (for beneficiaries that are required by law to prepare a balance sheet and that have been registered with the National Trade Register Office (ONRC) for more than three years);
  • Certification from APIA;
  • Certificate of company details issued (online) by the National Trade Register Office – NTRO, in its extended form, or other documents for those legal persons for which the NTRO does not issue certificates of company details, or identity card/document for natural persons.