Hold Those Forms: AGC Announcement Raises Doubts on PPP Questionnaire

Bradley Arant Boult Cummings LLP
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Bradley Arant Boult Cummings LLP

The Small Business Administration’s Paycheck Protection Program (PPP) Loan Necessity Questionnaire may soon be a thing of the past. Last fall the SBA began requiring lenders to provide certain questionnaires to PPP borrowers that received loans of $2 million or more. The questionnaire was meant to help assess the veracity of a borrower’s certification that “[c]urrent economic uncertainty make this loan request necessary to support the ongoing operations of the Applicant.” The questionnaire was immediately controversial in that much of the requested information appeared to have little relevance to the assessment of a borrower’s good faith in making such certification. 

In December 2020, the Associated General Contractors of America (AGC) filed a lawsuit challenging the questionnaires on multiple grounds. Last week the AGC announced that during negotiations to settle its lawsuit with the SBA, the AGC was informed that the SBA intends to withdraw the questionnaire. This news is important because lenders generally have not requested borrowers provide these questionnaires until after loan forgiveness applications have been filed. Thus, borrowers in a position to delay forgiveness applications or the submission of the questionnaires may consider doing so until further information is available on this subject.

We will continue to monitor and update clients on this development. 

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.

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