Alert: "Small Business Administration Clarifies 'Necessity' Of PPP Loans"

Porter Hedges LLP

Porter Hedges LLP

On April 23, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, released additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), established by section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Among other topics, the guidance addresses certification required of borrowers as to the “necessity” of the PPP loan (Question 31).  In particular, the SBA is re-emphasizing that PPP loan applicants must be comfortable with the necessity certification.

The SBA notes that, “Borrowers must make this certification in good faith, taking into account their current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations in a manner that is not significantly detrimental to the business.”

For those PPP borrowers who may not be able to justify the “necessity” of their loan, the SBA is offering amnesty to those that pay it back by May 7, 2020.

The full text of the language is copied below for reference.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Porter Hedges LLP | Attorney Advertising

Written by:

Porter Hedges LLP

Porter Hedges LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.