Article 6
Terms, conditions and restrictions concerning the provision of aids

(c) The investor's own participation, shall constitute equity capital for private undertakings and monaster-ies, whereas it shall constitute company capital for all other undertakings. With regard to co-operatives, own participation shall be considered the paid in capital, for newly established co-operatives, and the increase amount of their venture capital, or the creation of a special reserve exclusively for the investment, for al-ready existing ones. In all other cases, the investor's own participation shall be: for newly established com-panies their paid in capital; for already existing com-panies, the increase amount of their company capital, deriving from new cash contributions of partners, or, depending on the case, the taxable reserves as pro-vided for in the legislation in force, apart from the or-dinary reserve, without requiring an increase in the capital stock or company capital, and on condition that this reserve may not be distributed prior to the lapse of a ten year period from the completion of the invest-ment. This reserve shall appear in a different account in the undertaking's account books. In case the re-serve is distributed before the lapse of a ten year pe-riod, penalties shall be imposed, as provided for in paragraph 29 of this article. In order for the taxable (extraordinary) reserve of an undertaking to constitute own participation in the investment, the undertaking's adequate liquidity, following the deduction of the re-serve amounts to constitute own participation, should be audited in the investment evaluation stage.
Especially in the case of business plans, only the section of the plan concerning investments in fixed assets shall be taken into account, for the calculation of own participation. The provisions specified in this paragraph on own participation shall not apply to the other section of the plan concerning operating and relevant expenditures or expenses. This section shall be implemented simply with the payment by the un-dertaking of such expenditure and expenses, as well as the payment of the grant.
(d) The increase in company or venture capital of existing companies or co-operatives should take place after the submission of the application seeking eligibil-ity for the provisions of these presents.
By way of exception, capital increase with regard to Societes Anonymes and Limited Liability Companies, may take place prior to the submission of the applica-tion seeking eligibility, on condition that it shall occur within the last twelve (12) months before the submis-sion of the application seeking eligibility, and that its sole purpose, according to a relevant resolution of the general meeting of shareholders, shall be the use of the new capital as own participation in the specific in-vestment, and that until the date of submission thereof, this capital shall provably exist in the form of company reserves and shall not have been con-sumed.
(e) Especially in the case of the relocation of manu-facturing or livestock undertakings from area A, as well as the relocation of undertakings under instances (a) and (i) respectively of para. 1, article 3, part of the undertaking's proceeds from the sale of buildings and/or plots due to relocation, shall be considered as own participation of the organisation in the invest-ment, notwithstanding what is specified under in-stances (a), (b), (c) and (d) above. In this case, own participation shall be considered the part of total pro-ceeds from the sale, remaining after the deduction of any tax charges imposed on the collected amount, within the framework of the legislation each time in force on the taxation of undertakings, without requiring an increase in the company capital or the existence of a taxable reserve.
In order for this provision to be applicable, the sale of the above property should take place after the date of submission of the application seeking eligibility of the investment for the provisions of these presents. Until such property is sold, grant instalments, except for the last two ones, shall be paid, on condition that for the implementation of the investment, an amount equivalent of own participation shall have been spent each time out of the undertaking's reserves, notwith-standing what is relevantly specified in paragraph 5 onwards, article 9.
In order for investments, whereby own participation shall also be covered with the proceeds from the sale of the above property, to be made eligible for the pro-visions of these presents, it should be checked whether the undertaking is able to cover such amounts from its reserves until the property is sold.
5. Mandatory establishment of newly founded indus-trial manufacturing plants within an ETBA Industrial Estate, other Industrial Estates, Industrial and Busi-ness Estates, Industrial Parks, Craft Industry Parks.
The aids of these presents on investments and/or equipment leasing programs or business plans eligible for the status of a grant and interest subsidy or leasing subsidy or tax allowance and interest subsidy, and concerning the establishment of manufacturing plants in departments in which ETBA Industrial Estates, other Industrial Estates, Industrial and Business Es-tates, Industrial Parks, Craft Industry Parks operate, shall be applicable only provided that such plants shall be established within such estates, except if the rele-vant competent Advisory Committee shall express a justified opinion that their establishment outside these areas is necessary or advisable. To this end, the submitted file of the investment should contain full data for the documentation of the necessity or advis-ability of establishing the plant outside such estates.
6. Restructuring of the aided cost of investment and/or equipment leasing program or business plan eligible for a grant and interest subsidy, as well as leasing subsidy.


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