News & Analysis as of

Eligibility Determination CARES Act

Dickinson Wright

IRS Orders Immediate Stop to New Employee Retention Credit Claims and Announces Future Settlement Program

Dickinson Wright on

The Employee Retention Tax Credit (“ERC”), enacted as a part of the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), is a fully refundable tax credit for employers, which is up to $26,000 per eligible...more

Proskauer Rose LLP

Paycheck Protection Program – Borrower Appeals of Final SBA Loan Review Decisions

Proskauer Rose LLP on

On September 16, 2021, the U.S. Small Business Administration (“SBA”) issued an Interim Final Rule (the “Borrower Appeal Rule”) detailing the (largely technical) procedures for a Paycheck Protection Program (“PPP”) borrower...more

Proskauer Rose LLP

SBA Expands COVID Disaster Loans

Proskauer Rose LLP on

Effective September 8, 2021, the U.S. Small Business Administration (“SBA”) significantly expanded the ability of small businesses to apply for low-interest loans through the revised COVID Economic Injury Disaster Loan...more

Rumberger | Kirk

Restaurant Revitalization Grant Offers Relief to Restaurants and Bars: Opens May 3

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It is no secret that the restaurant industry has been one of the harder-hits of the COVID-19 pandemic. With government shutdowns, limits on hours, restricted operations, and social distancing requirements,...more

Chambliss, Bahner & Stophel, P.C.

Key Guidance on SBA's Loan Necessity Questionnaire for Paycheck Protection Program Loans

The U.S. Small Business Administration (SBA) issued guidance on the recently issued “Loan Necessity Questionnaire” (SBA Form 3509/3510). Lenders must require Paycheck Protection Program (PPP) borrowers to complete the...more

Schwabe, Williamson & Wyatt PC

Main Street Lending Program Overview for Nonprofits and For-Profit Businesses - Update

The Federal Reserve Bank of Boston announced on July 6, 2020, that the Main Street Lending Program (“Main Street Program” or “Program”) is now fully operational and ready to purchase participation in eligible loans that are...more

Bradley Arant Boult Cummings LLP

Individual Chapter 11 Cases Under New Subchapter V

IN BRIEF - • The current economic decline caused by the COVID-19 pandemic will result in a surge of debtors in need of bankruptcy protection. • Subchapter V to the rescue! Despite some burdens on debtors, the advantages...more

Downs Rachlin Martin PLLC

Interim Final Rule Regarding Appeal of SBA PPP Loan Review Decisions

On August 11, the SBA issued an Interim Final Rule regarding the appeal of SBA loan review decisions made under the Paycheck Protection Program (“PPP”). The Interim Final Rule is immediately effective, and while many lenders...more

Morgan Lewis

CARES Act: Paycheck Protection Program Provides Small Business Loans to Support Employees (UPDATED)

Morgan Lewis on

The CARES Act’s Paycheck Protection Program provides loans targeted to small businesses to help keep their workers employed during the coronavirus (COVID-19) pandemic, and offers loan forgiveness to borrowers maintaining a...more

Ballard Spahr LLP

VA Addresses CARES Act Forbearance Effect on VA Loan Eligibility

Ballard Spahr LLP on

In Loan Guaranty Circular 26-20-25, dated June 30, 2020, the U.S. Department of Veterans Affairs (VA) addresses the effect of a CARES Act forbearance, or some other COVID-19 credit relief, on the eligibility of a veteran for...more

Foodman CPAs & Advisors

PPP Loan Borrowers will need Assistance when Applying for Forgiveness of their PPP Loans

On 4/15/20, the SBA and the U.S. Department of the Treasury released an application form for Paycheck Protection Program (PPP) loan forgiveness along with instructions for completing the form. ...more

Ballard Spahr LLP

UPDATED: Payroll Protection Program May Provide Relief to Eligible Small Businesses – If You Can Navigate the Workforce Issues

Ballard Spahr LLP on

Section 1102 of the CARES Act creates the Paycheck Protection Program (PPP), which is intended to provide funds for small businesses affected by COVID-19 to maintain their workforce. ...more

Lowndes

SBA Releases Borrower PPP Loan Forgiveness Application Including Step-by-Step Calculation Instructions

Lowndes on

On Friday evening, the Small Business Administration (“SBA”) and Treasury published the long-awaited Paycheck Protection Program (“PPP”) Loan Forgiveness Application. The form also provides for an Alternative Payroll Covered...more

Franczek P.C.

SBA Adopts “Safe Harbor” Provision for PPP Loan Recipients Under $2 Million.

Franczek P.C. on

In response to public criticism regarding the disbursement of loans to larger companies, on April 23, the Small Business Administration (SBA) issued guidance stressing that Paycheck Protection Program (PPP) loan applicants...more

Lewitt Hackman

PPP: Update on “Necessity” Requirement

Lewitt Hackman on

On March 27, 2020, Congress passed and the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which is an approximately $2 trillion stimulus and economic relief package....more

Bricker Graydon LLP

Two federal courts find SBA “ineligibility rules” inapplicable to PPP loans

Bricker Graydon LLP on

If your business was deemed “ineligible” for a Paycheck Protection Program (PPP) loan by your lender or the Small Business Administration (SBA) or you didn’t apply for a PPP loan for your business, because you believed your...more

Cozen O'Connor

IRS and DOL Release Employee Benefits Guidance for COVID-19-Related Administration

Cozen O'Connor on

Two recent sets of guidance affecting employers’ operations of employee benefit plans have been issued by the Internal Revenue Service (the IRS) and the Department of Labor (the DOL). ...more

Bilzin Sumberg

Main Street Lending Program Expansion Client Alert

Bilzin Sumberg on

The Federal Reserve Board on Thursday announced it is expanding the scope and eligibility for the Main Street Lending Program, the $600 billion program of financial assistance to small and medium-sized businesses authorized...more

Seyfarth Shaw LLP

Money for Main Street Update: Fed Releases Revised Main Street Lending Program Guidance and Terms

Seyfarth Shaw LLP on

On April 30, 2020, following a period of public comment, the Federal Reserve Board (“Fed”) published additional guidance and revisions to its Main Street Lending Program (the “Main Street Program”), expanding the program’s...more

Pierce Atwood LLP

COVID-19: PPP Loans – Economic Need Determinations

Pierce Atwood LLP on

***Update*** On April 28, Treasury Secretary Steven Mnuchin announced that the SBA will do a full review of any loan more than $2,000,000 under the PPP program. He also warned of criminal liability for borrowers who...more

Spilman Thomas & Battle, PLLC

Paycheck Protection Program FAQ 31: The $64,000 Question

The Small Business Administration emphasizes that businesses who participate in the Paycheck Protection Program must make a good faith certification that the loan request is “necessary” to support ongoing operations due to...more

Stinson - Corporate & Securities Law Blog

Reconsidering PPP Eligibility – Should Public Companies and Financially Strong Borrowers Repay PPP Loans?

A number of public companies applied for and received potentially forgivable loans under the Paycheck Protection Program (PPP). To be eligible for a PPP loan a borrower does not need to demonstrate that it is unable to obtain...more

Mayer Brown

Clear as Mud: SBA Offers Further Clarification to PPP Eligibility

Mayer Brown on

In FAQ #31 posted on April 23, 2020, the US Small Business Administration offered the following clarification (italics added): 31. Question: Do businesses owned by large companies with adequate sources of liquidity to...more

Foley & Lardner LLP

Commercial Cleaning Franchise System Challenges SBA’s Determination of Eligibility for Paycheck Protection Program Loans Under...

Foley & Lardner LLP on

Three members of the JANI-KING® franchise system filed suit last week in federal court in Washington, D.C. alleging that the United States Small Business Administration (the SBA) has discriminated against franchised...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Federal Investigators Prepare to Investigate and Prosecute Fraud in Emergency Loan Programs

Emergency COVID-19 relief legislation signed into law by President Trump, including the Coronavirus Aid, Recovery, and Economic Security Act (“CARES Act”), has allocated more than $2 trillion in economic aid to individuals,...more

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