News & Analysis as of

Change in Control Change of Ownership

Ervin Cohen & Jessup LLP

California Expands Requirements for Successor Grocery Employers

Effective January 1, 2024, California’s Assembly Bill 647 will expand recall rights for grocery workers when there is a change of control in a grocery establishment. Prior to AB 647, existing law required an incumbent grocery...more

Goodwin

Buying a UK Crypto Business: The New Regulatory Hurdles

Goodwin on

​​​​​​​The advance of the regulation of crypto-assets and crypto-related service providers has been piecemeal in the U.K. The latest round of changes took place in the Money Laundering Regulations 2017 (MLR) on 1 September...more

Latham & Watkins LLP

National Security & Investment Act: Cold Comfort for Officeholders

Latham & Watkins LLP on

Insolvency officeholders may need clearance upon appointment to entity in an affected sector. The National Security & Investment Act (NSI Act) came into force in early January, and market participants might reasonably...more

Farella Braun + Martel LLP

M&A Deals and PPP Loans: Unexpected Parties in Your Deal

The Payroll Protection Program has been a lifesaver to many businesses this year, but its quick roll out, and many generous features (including potential forgiveness) could tempt a borrower to treat the PPP as something less...more

Parker Poe Adams & Bernstein LLP

SBA Releases Long-Awaited Guidance on M&A Rules for Paycheck Protection Program Borrowers

The Small Business Administration (SBA) recently released a procedural notice concerning when a borrower of a Paycheck Protection Program (PPP) loan may forgo SBA approval in connection with a merger or acquisition. The...more

BCLP

PPP & Asset Sales: Is the Buyer Required to Assume the PPP Note?

BCLP on

No. On October 2, the Small Business Administration published a procedural notice on changes of ownership for PPP borrowers. One specific area where we’ve seen confusion is whether the procedural notice requires a Buyer to...more

Nutter McClennen & Fish LLP

PPP: SBA Provides Process for a Change of Ownership

On October 2, 2020, the SBA provided notice to PPP lenders regarding the process by which PPP borrowers may undertake a “change of ownership” while a loan is outstanding. Previously there was little guidance provided to...more

Tucker Arensberg, P.C.

Small Business Administration Provides Guidance for Change of Ownership When a Seller Has a PPP Loan

Tucker Arensberg, P.C. on

The last few months have been full of questions with no answers for companies with outstanding Paycheck Protection Program (“PPP”) loans who are interested in selling their business. Did transfer of their assets or sale of...more

BCLP

SBA Provides Guidance on Changes of Ownership of PPP Borrowers

BCLP on

On October 2, 2020, the SBA Office of Capital Access published Procedural Notice 5000-20057, which provides a framework to address whether SBA pre-approval is required for various changes of ownership under the Paycheck...more

The Volkov Law Group

OFAC Relaxes Russia Sanctions After Oligarch Ownership Changes

The Volkov Law Group on

The Treasury Department’s Office of Foreign Asset Control (OFAC) rarely backs down. Recently, in response to significant ownership and governance changes, OFAC removed three Russian companies, EN+ Group (EN+), UC Rusal plc...more

King & Spalding

Practical Issues Under Joint Operating Agreements Relating to Withdrawals, Transfers and Changes in Control

King & Spalding on

The Joint Operating Agreement (“JOA”) is one of the most important documents to be considered in relation to a direct or indirect change in the ownership of interests in any oil and gas project, whether by way of (a) a...more

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