In early 2022, the Securities and Exchange Commission (SEC) proposed a series of new rules and rule amendments aimed primarily at increasing transparency and protecting investors in private fund transactions. This August, the...more
I. Marijuana -
Currently, 31 states plus the District of Columbia allow the recreational use of marijuana. In addition, 37 states and the District of Columbia currently allow marijuana to be used for medical purposes....more
President Biden signed into law the American Rescue Plan Act of 2021 (ARP Act) on March 11, 2021. The $1.9 trillion economic recovery package revised the Paycheck Protection Program (PPP) and the Shuttered Venue Operator...more
PPP Deadline Extension -
President Biden has signed legislation extending the Paycheck Protection Program (PPP) loan application filing deadline from March 31, 2021 to May 31, 2021. The legislation also gives the Small...more
4/5/2021
/ American Rescue Plan Act of 2021 ,
Coronavirus/COVID-19 ,
Eligibility ,
Filing Deadlines ,
Lenders ,
Loan Applications ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Restaurant Industry ,
Small Business
On March 11, 2021, President Joseph Biden signed into law the American Rescue Plan Act of 2021 (ARP Act), a $1.9 trillion economic recovery package. This follows the recent adoption of the Consolidated Appropriations Act of...more
On March 3, 2021, the Small Business Administration (SBA), in conjunction with the U.S. Department of the Treasury, adopted an interim final rule (IFR) that: (1) allows individuals who file an IRS Form 1040, Schedule C to...more
3/16/2021
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Eligibility ,
Interim Final Rules (IFR) ,
Loan Applications ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Popular ,
SBA ,
Small Business ,
U.S. Treasury
On Monday, February 22, 2021, the Biden Administration announced changes to the Paycheck Protection Program (PPP) designed to assist small businesses in securing PPP loans. The PPP—which is scheduled to end on March 31,...more
On December 28, 2020, former President Trump signed the Consolidated Appropriations Act. Over 5,000 pages in length, the legislation (referred to herein as the Economic Aid Act) included revisions and additions to the...more
On December 28, 2020, former President Trump signed the Consolidated Appropriations Act. Over 5,000 pages in length, the Act included revisions and additions to the Paycheck Protection Program (PPP). The new PPP will: (1)...more
On December 28, 2020, President Trump signed the Consolidated Appropriations Act. Over 5,000 pages in length, the Act included revisions and additions to the Paycheck Protection Program (PPP). The new PPP will (1) accept...more
1/6/2021
/ Borrowers ,
CARES Act ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Federal Loans ,
Lenders ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
Small Business ,
Tax Credits
In November 2020, the Small Business Administration (SBA) issued for comment two questionnaire forms, which would need to be provided by Paycheck Protection Program (PPP) lenders to PPP borrowers who, together with their...more
The Securities and Exchange Commission (SEC) on November 2, 2020, adopted a set of amendments to simplify and improve the exempt offering framework. The amendments are designed to make it easier for issuers to access the...more
11/19/2020
/ Crowdfunding ,
General Solicitation ,
Issuer Exemption ,
Registration Statement ,
Regulation A ,
Regulation D ,
Rule 504 ,
Rule 701 ,
Safe Harbors ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Testing-the-Waters Communications
The Small Business Administration (SBA) is seeking comments on two forms of questionnaires: Form 3509 (Loan Necessity Questionnaire for For-Profit Borrowers) and Form 3510 (Loan Necessity Questionnaire for Non-Profit...more
In a previous client alert, we had advised you of issues facing a purchaser of a business which had received a Paycheck Protection Plan (PPP) loan.
PPP loans are Small Business Administration (SBA) Section 7(a) loans....more
10/9/2020
/ Acquisitions ,
Buyers ,
Change of Ownership ,
Lenders ,
Mergers ,
New Guidance ,
Notice Requirements ,
Paycheck Protection Program (PPP) ,
SBA ,
Sellers ,
Small Business Loans
The Small Business Administration (SBA) and the U.S. Department of the Treasury issued a new interim Paycheck Protection Program (PPP) rule on August 24, 2020. The rule covers changes involving owner-employee compensation,...more
9/17/2020
/ C-Corporation ,
Commercial Leases ,
Interim Rule ,
Limited Liability Company (LLC) ,
Loan Forgiveness ,
Mortgage Interest ,
Owner-Employee Compensation ,
Paycheck Protection Program (PPP) ,
Rental Payments ,
S-Corporation ,
SBA ,
Shareholders ,
Sub-Tenants
Certain provisions of the CARES Act provided community banks breathing room while they worked to facilitate the badly needed economic recovery, including the following:
- Temporarily reducing the Community Bank Leverage...more
Paycheck Protection Plan (PPP) loans are Small Business Administration (SBA) Section 7(a) loans. Consequently, they are subject to the same regulatory guidelines that generally apply to Section 7(a) loans....more
9/5/2020
/ Acquisitions ,
Approval Requirements ,
Borrowers ,
Buyers ,
Change of Ownership ,
Consent ,
Due Diligence ,
Lenders ,
Mergers ,
Paycheck Protection Program (PPP) ,
Popular ,
SBA ,
Small Business Loans
On August 4, 2020, the Small Business Administration (SBA) and the U.S. Department of the Treasury released new FAQs to provide further guidance on Paycheck Protection Program (PPP) loan questions and supplement previously...more
8/12/2020
/ C-Corporation ,
Commercial Tenants ,
Employee-Ownership ,
Employer Group Health Plans ,
Executive Compensation ,
General Partner ,
Guidance Update ,
Interest Payments ,
Loan Forgiveness ,
Loan Payments ,
Owner-Employee Compensation ,
Paycheck Protection Program (PPP) ,
Rental Payments ,
Retirement Plan Providers ,
S-Corporation ,
SBA ,
Self Employed ,
Supplemental Information ,
U.S. Treasury
The Main Street Lending Program has been modified by the Federal Reserve Board (Board) to provide new access to credit for nonprofit organizations such as educational institutions, hospitals, and social service organizations....more
8/1/2020
/ 501(c)(19) ,
501(c)(3) ,
Borrowers ,
CARES Act ,
Compliance ,
Contract Terms ,
Coronavirus/COVID-19 ,
Eligibility ,
Federal Reserve ,
Hospitals ,
Interest Rates ,
Lenders ,
Loan Agreements ,
Main Street Lending Programs ,
Midsize and Large Business Loans ,
Nonprofit Organization Expanded Loan Facility (NOELF) ,
Nonprofit Organization New Loan Facility (NONLF) ,
Relief Measures ,
Social Services ,
Tax Exempt Entities ,
Universities
Last month, the U.S. Treasury and the Small Business Administration (SBA) released two Paycheck Protection Program (PPP) loan forgiveness applications. The first was a new EZ PPP loan forgiveness application with instructions...more
7/17/2020
/ Applications ,
Borrowers ,
CARES Act ,
Certifications ,
Coronavirus/COVID-19 ,
Full-Time Employees ,
Independent Contractors ,
Lenders ,
Loan Forgiveness ,
Pay Reductions ,
Paycheck Protection Program (PPP) ,
Required Documentation ,
SBA ,
Self Employed ,
Sole Proprietorship ,
U.S. Treasury
The U.S. Treasury and the SBA released two Paycheck Protection Program (PPP) Interim Final Rules on June 17, 2020 and June 22, 2020. A summary of the key points of these rules follows below....more
7/16/2020
/ Amended Rules ,
Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Covered Entities ,
Full-Time Employees ,
Interim Final Rules (IFR) ,
Loan Applications ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
SBA ,
Small Business Loans
On June 8, 2020, the Federal Reserve Board (Board) announced an expansion of the scope and eligibility for its Main Street Lending Program. The Board also issued an updated FAQ for the program on June 9, 2020.
Under the...more
6/16/2020
/ Borrowers ,
CARES Act ,
EBITDA ,
Economic Injury Disaster Loans ,
Eligibility ,
Federal Reserve ,
Libor ,
Loan Forgiveness ,
Main Street Lending Programs ,
Main Street New Loan Facility ,
Paycheck Protection Program (PPP) ,
Small Business Loans ,
Special Purpose Vehicles
The Small Business Administration (SBA) and the U.S. Department of the Treasury released an Interim Final Rule on Paycheck Protection Program (PPP) Loan Forgiveness and the PPP Loan Forgiveness Application....more
On May 22, 2020, the Small Business Administration (SBA) and the U.S. Department of the Treasury released an Interim Final Rule on Paycheck Protection Program (PPP) Loan Forgiveness (the "Loan Forgiveness Rule"). Although...more
On May 15, 2020 the Small Business Administration (SBA) and the U.S. Department of the Treasury released a Paycheck Protection Program (PPP) Loan Forgiveness Application. Although the 11 page document clears up some issues,...more
5/19/2020
/ Applications ,
CARES Act ,
Certification Requirements ,
Coronavirus/COVID-19 ,
Employee Retention ,
Full-Time Employees ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Rehiring Issues ,
Required Documentation ,
SBA ,
Small Business Loans