News & Analysis as of

Small Business Loans Lenders

GeoDataVision

Section 1071 Rule: The Big Gap Between Small Business Lending and “Covered” Loans

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I’ve written articles critical of the Section 1071 Rule and the CFPB’s implementation of the new rule. For example, the scheduled “applicable dates” for data recording and reporting make no sense at all. As currently...more

Hudson Cook, LLP

Bill Under Consideration in California Would Apply Collections Law to Commercial Financing Providers

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California's Senate Bill 1286 is under consideration in the Legislature. The bill, if passed, would expand the scope of the Rosenthal Fair Debt Collection Practices Act to cover the collection of certain commercial-purpose...more

Goodwin

California DFPI Revokes Company's Lending License for Failing to Comply with Regulatory Exam

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On July 10, 2024, the California Department of Financial Protection and Innovation (DFPI) issued an order revoking the California Financing Law license of a company that had offered both individual and business loans in the...more

DarrowEverett LLP

New Rules Aim to Make SBA Loans More Accessible, Abundant, and Better

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The United States Small Business Administration (“SBA”) oversees two loan programs that are intended to benefit small business owners and promote employment. The programs, known as the 7(a) Loan Program and Section 504 Loan...more

Sheppard Mullin Richter & Hampton LLP

Lawsuit Challenges CFPB Reporting Rule for Small Business Lending

On April 26, an association of Texas state banking organizations and a Texas minority depository institution filed a joint complaint against the CFPB in Texas federal court seeking to invalidate a recently finalized agency...more

McGlinchey Stafford

The Small Business Truth in Lending Act

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On February 10, 2023, Illinois State Senator Laura Ellman introduced SB2234, also referred to as the “Small Business Truth in Lending Act” (Act), in the Illinois House of Representatives. The purpose of the Act is to protect...more

Womble Bond Dickinson

Consumer Financial Protection Bureau Finalizes Rule for Small Business Data Collection and Expands List to Exempt Lending Products...

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The Consumer Financial Protection Bureau (CFPB) issued its final rule on March 30, 2023, under Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1071 is an amendment to the Equal Credit...more

Womble Bond Dickinson

Maryland House Economic Matters Committee Considers Senate-Passed Commercial Finance Disclosure Law: Consumer Type Disclosures in...

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We recently reported that the Maryland Senate unanimously approved amended Senate Bill 496 – a broad measure proposed to curb perceived commercial lending abuses in Maryland. The bill has moved on to the House of Delegates...more

Mayer Brown

CFPB Preliminarily Determines State Commercial Financing Disclosure Laws Not Preempted by Truth in Lending Act

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Small business lenders hoping for federal intervention will be disappointed to learn that the Consumer Financial Protection Bureau (CFPB) has reached a preliminary determination that New York’s new commercial financing...more

Schwabe, Williamson & Wyatt PC

The Lender’s Role in the PPP Loan Review Process - After the Economic Aid Act: An Updated Guide to the PPP Loan Forgiveness Review...

Updated February 24, 2022 - Update: On January 27, 2022, the Small Business Administration (“SBA”) issued SBA Procedural Notice 5000-82766, SBA Loan Reviews of Paycheck Protection Program Lender Partial Approval...more

Clark Hill PLC

Credit Eco to Go Podcast: The XYZ’s of the PPP

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Kathryn “Kate” Rock, Partner at Guidehouse, incoming President of Women in Housing & Finance and one of the foremost authorities of the Paycheck Protection Program (PPP), stops by Credit Eco to Go with Joann Needleman to talk...more

Bowditch & Dewey

Five Things to Know About PPP Loan Audits

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The Paycheck Protection Program was one of the more innovative and written-about of the CARES Act’s fiscal stimulus packages. The U.S. Treasury and Small Business Administration (SBA) leveraged the private banking sector to...more

McGlinchey Stafford

[Webinar] Updates to the Paycheck Protection Program & Other Issues - March 18th, 2:00 pm ET

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Join us on Thursday, March 18 for the second installment in our 3-Part webinar series on the Paycheck Protection Program and formulate your game-plan before you apply for forgiveness. McGlinchey attorneys Richard Aguilar,...more

K&L Gates LLP

HUB Talks: Voluntary Disclosure: Deep Dive - They Know What You Did Last Summer—Phase 1 of the U.S. Government's Response to the...

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In this first episode of our series on the government's response to the Paycheck Protection Program, white collar practitioners Chris Nasson, David Rybicki, Neil Smith, and Hayley Trahan-Liptak provide an overview of the...more

McGlinchey Stafford

[Webinar] What to know about PPP loan forgiveness - February 18th, 1:00 pm CT

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You certified your eligibility for the PPP (Paycheck Protection Program), calculated the amount of your loan, and submitted your application. Your loan was approved and funded, and you used the loan proceeds for allowable...more

Sheppard Mullin Richter & Hampton LLP

Paycheck Protection Program: SBA Issues Guidance on First Draw and Second Draw PPP Loans and Releases PPP Applications Pursuant to...

On January 6, 2020, the SBA published its 26th Interim Final Rule (the First Draw PPP IFR) and 27th Interim Final Rule (the Second Draw PPP IFR)[1] with respect to the Paycheck Protection Program (PPP), as reauthorized and...more

ArentFox Schiff

PPP Loan Recipients at Risk: Part One

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Earlier this week, the federal government reopened the Paycheck Protection Program – and emphasized a renewed focus on preventing fraud and abuse. In today’s episode, Scott Peeler, Lynn Fiorentino, and Susan Tran from our...more

Goodwin

U.S. Paycheck Protection Program Restarts: Summary Of Key Updates

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On December 27, 2020, the President signed into law the “Consolidated Appropriations Act, 2021” (H.R. 133) (or the “2021 CAA”), which modifies and reopens the U.S. Small Business Administration’s Paycheck Protection Program...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

Schwabe, Williamson & Wyatt PC

Why You May Want to Wait to File for PPP Loan Forgiveness and Other Tips - Update #6

Most Paycheck Protection Program (“PPP”) borrowers are working toward full forgiveness of their PPP loans and are anxious to get this process started. A borrower generally may submit a loan forgiveness application any time on...more

Bowditch & Dewey

PPP Update – Handling the Necessity Questionnaire for PPP Loans $2M or More

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The U.S. Small Business Administration (SBA) recently announced its plan to require Paycheck Protection Program (PPP) lenders to issue “loan necessity” questionnaires to all borrowers of PPP loans of $2 million or more. On...more

Farrell Fritz, P.C.

Year-End Gifting Of Equity In A Business — With An Outstanding PPP Loan?

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“Annus Horribilis­”- Just over three weeks to go, then 2020 will be behind you. But don’t drop your guard just yet. Three weeks is a long time – plenty of time, in fact, for one more punch to the gut, another kick in the...more

Locke Lord LLP

Saving Our Small Businesses – Considerations for Lenders upon the Default or Bankruptcy of a Paycheck Protection Program Borrower

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With the goal of providing financial relief to companies impacted by the COVID-19 pandemic, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) amended the Small Business Act to allow the Small Business...more

Husch Blackwell LLP

FAQ: Paycheck Protection Program Forgiveness For Borrowers - UPDATED November 2020

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On May 22, 2020 the SBA and Department of the Treasury released the long awaited Interim Final Rule on Forgiveness of Paycheck Protection Program (PPP) Loans and the Interim Final Rule on SBA Loan Review Procedures, both of...more

Goodwin

SEC Adopts Broad Exempt Offering Reforms

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In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

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