PART 3Exemptions
CHAPTER 2Minimal or SPEI financial assistance
Services of public economic interest assistance
39Section 38: procedural requirements
1
Before giving SPEI assistance, a public authority must give to the enterprise a SPEI assistance notification.
2
A “SPEI assistance notification” means a written statement—
a
explaining that the authority is proposing to give to the enterprise a subsidy by way of SPEI assistance,
b
specifying the gross value amount of the assistance, and
c
requesting written confirmation from the enterprise that the total amount specified in section 38(1) will not be exceeded by the enterprise receiving the proposed assistance.
3
The public authority may proceed to give the assistance only after it has received the confirmation referred to in subsection (2)(c).
4
On giving the assistance, the public authority must provide to the enterprise a SPEI assistance confirmation.
5
A “SPEI assistance confirmation” means a written statement confirming—
a
that the subsidy is given as SPEI assistance,
b
the date on which it is given, and
c
the gross value amount of the assistance.
6
The enterprise must keep a written record detailing—
a
that it has received a subsidy by way of SPEI assistance,
b
the date on which it was given, and
c
the gross value amount of the assistance.
7
The record required by subsection (6) must be kept for at least three years beginning with the date mentioned in paragraph (b) of that subsection.
8
In this section—
“the enterprise” means the enterprise that receives, or that would receive, SPEI assistance;
“gross value amount” of SPEI assistance means the gross cash amount (see subsection (5)(a) of section 38) or the gross cash equivalent (see subsection (5)(b) of that section).