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Key Provisions of the PPP Flexibility Act

KEY TAKEAWAYS - 1. Covered Period and Alternative Payroll Covered Period extended from eight weeks to the earlier of twenty-four weeks or December 31, 2020. ...more

Key Provisions in the PPP Loan Forgiveness Application Released by the Treasury Department

KEY TAKEAWAYS - 1. Borrowers that utilize bi-weekly and weekly payroll schedules may choose to use an Alternative Payroll Covered Period which begins the first day of the first pay period following the disbursement of the PPP...more

Treasury Department Creates New Safe Harbor for Borrower’s Certification Under PPP Loan

KEY TAKEAWAYS - 1. On May 13, 2020, the Treasury Department created a new safe harbor for borrowers regarding whether the required certification (see below) contained in the PPP Loan application was made in good faith. ...more

Main Street Lending Program: Overview of Updated Terms, Required Certifications, and Restrictions

THREE KEY TAKEAWAYS: The Main Street Lending Program (the “Program”) will allow Eligible Lenders to make New Loans, Priority Loans or Expanded Loans on existing debt to Eligible Borrowers who have less than 15,000 employees...more

Additional Funds Approved for SBA Paycheck Protection Program through the Coronavirus Aid, Relief, and Economic Security (CARES)...

On April 24, 2020, President Trump signed legislation that provides $484 billion in additional funding for the SBA, hospitals, and coronavirus testing through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. ...more

Main Street Lending Program: Initial Overview of Terms, Required Certifications, and Restrictions

KEY TAKEAWAYS - 1. The Main Street Lending Program will allow Eligible Lenders to either make New Loans or extend Existing Loans to Eligible Borrowers who have no more than 10,000 employees or no more than $2.5 billion in...more

Back to Basics: SBA Size Standards Eligibility Under The Paycheck Protection Program (PPP Loan)

KEY TAKEAWAYS - 1. Size standards have been established for most types of economic activity, or industry, generally under the North American Industry Classification System (NAICS). 2. In an effort to achieve the goals of the...more

What Counts Towards 500? Employee Calculation and Affiliation Rules Under SBA Regulations

THREE KEY TAKEAWAYS: 1. When determining if a business has fewer than 500 employees, the SBA considers the average number of employees for each pay period for the preceding 12 months. Part-time and temporary employees are...more

The CARES Act: Which Small Business Loan is Right for Your Business?

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27 2020. Among (many) other things, it provides for two types of attractive loans for small businesses. This summary,...more

Opportunity Zones Regs Are Here: Can We Start Investing Now?

By now you have probably seen that the Internal Revenue Service (the “IRS”) and the Treasury Department issued proposed regulations and Revenue Ruling 2018-29 on October 19, 2018, clarifying some of the big questions looming...more

SUPREME COURT DECISION COMPLICATES SPOUSAL GUARANTY RULES EVEN FURTHER

The U.S. Supreme Court recently split 4-4 in Hawkins v. Community Bank of Raymore, leaving unsettled the question of the enforceability of the “spousal guaranty” rule under federal Regulation B, and for now letting the...more

Tax Sale Redemption: Recovering Your Lost Collateral

It is now more important than ever for lenders to not allow real estate to be sold for delinquent taxes at a tax sale—whether it is real estate owned by the lender or mortgaged to the lender. New case law has complicated and...more

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