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PPP Loans – Additional SBA and Department of the Treasury Guidance

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The Small Business Administration (SBA), in consultation with the Department of the Treasury, intends to provide 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 or the Act). They are providing this guidance in the form of Frequently Asked Questions. Below is a new Frequently Asked Question the SBA and the Department of the Treasury released yesterday. The information provided does not, and is not intended to, constitute legal advice; instead, all information, content, and materials are for general informational purposes only.

Question: FAQ #31 reminded borrowers to review carefully the required certification on the Borrower Application Form that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” SBA guidance and regulations provide that any borrower who applied for a PPP loan prior to April 24, 2020 and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith. Is it possible for a borrower to obtain an extension of the May 7, 2020 repayment date?

Answer: SBA is extending the repayment date for this safe harbor to May 14, 2020. Borrowers do not need to apply for this extension. This extension will be promptly implemented through a revision to the SBA’s interim final rule providing the safe harbor. SBA intends to provide additional guidance on how it will review the certification prior to May 14, 2020.

The complete list of Frequently Asked Questions can be found at: https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequently-Asked-Questions.pdf

Please contact our firm with any questions specific to your company.