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Project implementation and financial settlement – legal support

The implementation and financial settlement of publicly funded projects require businesses to assess their decisions on an ongoing basis against the funding agreement, funding application and programme documentation. Changes to the project timetable and budget, expenditure eligibility, achievement of project indicators and the way project results are implemented may affect the financial settlement of the project and the funding recipient’s continuing obligations.

The cheapest mistake is the one that never happens.

Scope of advice

Project implementation and financial settlement – scope of legal advice

The firm supports businesses planning changes to project implementation, responding to enquiries from funding institutions or requiring a review of documentation before submission. Our starting point is an assessment of the obligations arising from the grant agreement, funding application and programme documentation. On this basis, we determine whether the proposed actions are permissible, their implications for funding and the procedures that must be followed.
When changes to the project timetable, budget or scope of work are proposed, we assess their impact on project indicators, deadlines and the funding recipient’s other obligations. We prepare requests for approval of changes, justifications for amendments to grant agreements and responses to enquiries from funding institutions. In matters concerning financial settlement, we assess expenditure eligibility requirements and documentation confirming the completion of project tasks, and assist in preparing explanations relating to payment applications and reports.

In R&D projects, a key area of legal advice concerns the implementation and commercialisation of project results. We assess obligations relating to the commercial exploitation of those results, the deadlines for fulfilling those obligations and the documentation required to demonstrate that project indicators have been achieved. We also examine the implications of planned transactions, changes in ownership and transfers of rights to technology in light of the conditions attached to the funding awarded.
Working with AK-LAW may involve ongoing consultations with management boards and project teams, assessing specific decisions or preparing documentation and formal submissions to funding institutions. We tailor the scope of our legal advice to the stage of project implementation and the obligations for which the business is responsible.

Common legal issues during project implementation

Legal support for day-to-day decisions

We assess proposed changes and their impact on compliance with the funding agreement and the financial settlement of the project. We determine whether changes must be notified, approval obtained from the relevant institution or the funding agreement amended. We prepare applications, supporting justifications and explanations, and assist businesses with correspondence with funding institutions and resolving issues arising during project implementation.

Changes to the project schedule, budget or scope

Project indicators and the risk of failing to achieve them

Expenditure eligibility and changes to project costs

Explanations provided to NCBR, PARP or another funding institution

Project settlement, payment applications and reporting

Implementation of R&D results, commercialisation and changes in ownership structure

When to seek legal advice before taking action

Before notifying NCBR, PARP or another funding institution of a project modification

Before providing explanations concerning the way the project has been implemented

Before requesting an amendment to the funding agreement or signing an addendum

When it becomes apparent that a deadline, project indicator or expected result may not be achieved

Before submitting a payment application, report or other project reporting document

Before changing the way project results are implemented or commercialised

Before selling R&D results or related rights, or bringing in an investor

When a planned business decision may affect obligations under the grant agreement

From project implementation to project control and proceedings

We support businesses both during the ongoing implementation of a project and when a project control, audit, demand for repayment of funding, or administrative proceedings arise.

Project implementation and financial settlement

Project modifications, project indicators, financial settlement, explanations submitted to NCBR or PARP, and business decisions that may affect the terms of funding.

The rules governing the use of public funds are set out, among other things, in the Public Finance Act, while the specific obligations of businesses arise from the provisions applicable to the relevant funding programme and the funding agreement.

Project control,
KAS audit,
and repayment of funding

When NCBR, PARP, KAS or another authority conducts a project control, challenges expenditure, or demands repayment of funding.

Proceedings before administrative authorities and administrative courts

When an authority conducts proceedings, issues a decision requiring repayment of funding, or an appeal or complaint to an administrative court needs to be filed.

Do you have a question about your situation?

Contact us – we will discuss your matter and recommend the appropriate course of action.

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