The parties (hereinafter referred to as the "Beneficiary Businesses") eligible to apply for financing under the Italy Guarantee are small and medium-sized enterprises as defined in European Commission Recommendation No. 2003/361/EC (hereinafter referred to as "SMEs"), including the self-employed, self-employed VAT-registered professionals, professional associations and professional partnerships, as well as all other types of enterprise regardless of size, business segment or legal form, which meet the following requirements:
- have registered office in Italy;
- were not in difficulty as at 31 December 2019 pursuant to Article 2(18) of Commission Regulation (EU) No. 651/2014 of 17 June 2014, Regulation (EU) No. 702/2014 of 25 June 2014 and Regulation (EU) No. 1388/2014 of 16 December 2014 and were not present as at 29 February 2020 among impaired exposures in the banking system, as identifiable by MBFACTA;
- only with reference to SMEs, where they have access, have already used up to full capacity (a) the Guarantee Fund referred to in Article 2, paragraph 100, letter a), of Law No. 662 of 23 December 1996, as well as (b) the guarantees granted pursuant to Article 17, paragraph 2, of Legislative Decree No. 102 of 29 March 2004.
Any business that controls (or is controlled) directly or indirectly, pursuant to article 2359 of the Italian Civil Code, a (or by a) company resident in a country or territory that is non-cooperative for tax purposes shall not be considered a Beneficiary Business, unless the Beneficiary Business proves that the non-resident entity carries out an effective economic activity, through the use of personnel, equipment, assets and premises.