1. Determining the number of persons in employment based on the right to direct benefits is realized (for micro, small and medium-sized legal entities and entrepreneurs)

In Article 9, after paragraph 3, paragraph 4 and 5 are added:

"The number of employees referred to in paragraph 1, indent 2 of this Article shall also be reduced by the number of employees who ceased employment with the business entity from 10 April 2020 until 30 April 2020.

The number of employees referred to in paragraph 1, indent 3 of this Article shall also be reduced by the number of employees who ceased employment with the business entity from 1 May 2020 until 31 May 2020.

Accordingly, the amount of budget grants which should be paid to the entity in June 2020 is determined as the product of the number of full-time employees whose wages and salaries have been submitted by the PPP-PD Form for the accounting period April 2020 and the amount of basic minimum net wage for March 2020, less the number of employees who ceased employment with the company from 10 April 2020 until 30 April 2020.

The amount of the grant from the budget which should be paid to the entity in July 2020 shall be determined as the product of the number of full-time employees whose wages and salaries were submitted by the PPP-PD Form for the accounting period May 2020 and the amount of the basic amount the minimum net wage for March 2020, less the number of employees who ceased employment with the business entity from 1 May 2020 until 31 May 2020.

Regarding the amount that should be paid to the business entities in May 2020, no reduction in the number of employees is required according to the aforementioned principle. Reminder: the amount of grants which should be paid to an enterprise in May 2020 is determined by the amount obtained as a product of the number of full-time employees for whom the PPP-PD Form for the accounting period March 2020 was submitted year and amount of basic minimum net earnings for March 2020.

2. Determination of number of persons in paid employment by large legal entities

In the case of large legal entities (where direct benefits are provided only to certain employees), the provisions of Article 10, paragraph 3, indents 2 and 3 of the Decree have been amended as:

The grants referred to in paragraph 1 of this Article shall be paid to:

  • in June 2020, in the amount of the product 50% of the basic minimum net wage for March 2020 and the number of employees referred to in paragraph 1 of this Article increased in accordance with paragraph 2 of this Article, for whose remuneration the employer-large legal entity has submitted a Form PPP-PD for April 2020, for which the decision terminates at least 15 working days in the month of April 2020;
  • in July 2020, in the amount of the product, 50% of the basic minimum net wage for March 2020 and the number of employees referred to in paragraph 1 of this Article increased in accordance with paragraph 2 of this Article, for whose remuneration the employer - a large legal entity submitted the PPP Form -PD for May 2020, for which the decision on termination of work refers to at least 15 working days in the month of May 2020.

3. Deadline by which businesses are obliged to use direct benefits

The amendments to the Regulation stipulate that all business entities are obliged to use received funds from direct benefits by 15 August 2020 at the latest.

At the same time, in Article 12, paragraph 4 is added after paragraph 3, stipulating that the refund of direct payments referred to in paragraph 3, paragraph 2 of this Article shall be made to a special purpose account with the Ministry of Finance - Treasury Department referred to in Article 13, paragraph 1 of this Regulation. It is about the recovery of direct benefits by economic entities that lose the right to use fiscal benefits and direct benefits.

4. Determining the dividend meaning

Pursuant to the new paragraph 4 of Article 16 of the Regulation, dividends within the meaning of this Article shall mean all payments made to their owners by a company on the basis of their ownership of the shares or shares of that company.

Thus, it is specified that the term dividends also refers to payments of share in profit to members of a non-shareholding company. Also, it should be clear now that the prohibition applies only to capital payments and not to employment payments (eg in the case of a company member who is also an employee of the company).

Even before this amendment, it was indisputable that the measure prohibiting the payment of dividends did not apply to entrepreneurs.

5. Business entities deleted from public resources records

Pursuant to the new Article 19a of the Regulation, private sector economic entities which, in the period from the entry into force of the Rulebook on the List of Beneficiaries of Public Funds (RS Official Gazette, No. 93/19), on the date of entry into force of the Regulation amending the Regulation, deleted from the List of users of public funds from the Register of users of public funds, kept as an electronic database with the Treasury Directorate, acquire the right to open a special purpose account from Article 13, para. 2 and 3 of this Decree, as well as fiscal benefits and direct benefits under the conditions laid down in this Decree.