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PPP Round 3: New Rules, New Money, New Challenges

This week the U.S. Small Business Administration (SBA) released updated Paycheck Protection Program (PPP) interim final rules which incorporate new requirements imposed by the Economic Aid to Hard-Hit Small Businesses,...more

Federal Judge Sides with SBA Lenders on PPP “Agent Fee” Litigation

Last week, the U.S. District Court for the Northern District of Florida ruled in favor of SBA lenders with respect to the treatment of “agent fees” under the Paycheck Protection Program (PPP)....more

Secretary Mnuchin Helps Financial Institutions on PPP Agent Fee Issues

During hearings before the House of Representatives on June 30, 2020, Representative Steve Stivers (R-OH), asked Treasury Secretary Mnuchin about financial institution’s payment of agent fees as part of the Paycheck...more

Coinciding with Treasury Secretary Mnuchin’s Latest Statements, SBA Issues Paycheck Protection Program Forgiveness Application and...

(For Information on PPP forgiveness that is written specifically for borrowers, please find our borrower’s guide and checklist). After much anticipation, the Small Business Administration (“SBA”) issued a formal Paycheck...more

[Webinar] In the Trenches: Paycheck Protection Program (“PPP”) Loan Forgiveness - May 28th, 11:00 am - 12:30 pm EDT

The Small Business Administration (“SBA”) recently issued a formal Paycheck Protection Program (“PPP”) Loan Forgiveness Application. We will highlight a number of key elements of the application. Additionally, we will review...more

SBA Provides Additional Guidance on PPP Economic Necessity Certification, Including Safe Harbor for Loans Under $2 Million

The SBA issued an additional FAQ #46, providing guidance on how it will review the required good faith certification that current economic uncertainty make the PPP loan necessary to support ongoing operations, which we refer...more

Updated Guidance from the SBA Regarding 'Necessity' Serves as a Warning to Borrowers Previously Obtaining or Applying for Paycheck...

In response to the economic crisis caused by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law and dedicated $349 billion to the Paycheck Protection Program...more

First Signs of CRA and Fair Lending Oversight Applied to the PPP

The Office of the Comptroller of the Currency (OCC) released “OCC Bulletin 2020-44” which encourages institutions to “prudently document their implementation and lending decisions” under the Small Business Administration's...more

Beware: Paycheck Protection Program (PPP) Loans to Bank Insiders May Have Unintended Consequences

As all financial institutions are beginning to realize, the rapidly evolving regulatory landscape surrounding the Paycheck Protection Program (“PPP”) is presenting several unintended consequences to both financial...more

The Risks Associated with Defining PPP Eligibility

As every financial institution likely knows, last week brought the implementation of the Paycheck Protection Program (“PPP”) under the CARES Act. However, with the launch of the program by a number of financial institutions,...more

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