Banking & Finance Law Report

Paycheck Protection Program loan necessity questionnaire

Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers.

My colleagues Jack Beeler, Cat Rice and Jack Meadows explain the purpose and questions asked in these questionnaires in this law alert.

SEC proposes exemptions from registration for finders

The Securities and Exchange Commission (SEC) has proposed a limited and conditional exemption from broker registration for natural persons, referred to as “finders,” who seek to help non-reporting, private companies raise capital from accredited investors in exempt offerings, subject to certain conditions. Generally, persons who effect transactions in securities for the account of others cannot do so through interstate commerce unless the person is registered with the SEC. There has long been ambiguity about when or if finders, who seek to bridge the gap between businesses and investors by identifying potential investment opportunities, must register as broker-dealers with the SEC.

My colleagues Emily Cunningham and Ryan Steele explain the proposed exemption in this Federal Securities Law Source blog.

Changes of ownership and PPP loans

The U.S. Small Business Administration (SBA) has released a long-anticipated procedural notice related to changes of ownership in an entity that has received a Paycheck Protection Program (PPP) loan. While this guidance was released to all SBA employees and PPP lenders, it is relevant for PPP borrowers looking to undergo a change of ownership, as well as for buyers and sellers of PPP borrowers. My colleagues Jack Beeler and Jack Meadows explain the notice in this Porter Wright Law Alert.

New spending bill extends repayment, lowers interest on Medicare advance payment loans

H.R. 8337, the stopgap government spending bill that was passed by Congress and signed into law by President Trump on Oct. 1, 2020, includes various amendments to the Medicare Accelerated and Advance Payment (AAP) program. The AAP was expanded under the CARES Act and has allowed health care providers, namely hospitals, to receive an advance on their Medicare claims payments in light of the COVID-19 pandemic.

In this Porter Wright Law Alert, my colleagues John Green and Kyle Schrodi explain the changes to the program and impact on providers.

Ohio passes law granting temporary civil immunity to businesses from COVID-19 lawsuits

Ohio Gov. Michael DeWine signed House Bill 606 into law recently that addresses whether businesses reopening due to COVID-19 are subject to tort liability if an employee, customer, vendor or other person contracts COVID-19 while on the premises. My colleague Arslan Sheikh explains the law and what businesses it impacts in this blog on the Employer Law Report.

 

SEC amends definition of accredited investor

The Securities and Exchange Commission has adopted amendments to Rule 501(a), Rule 215 and Rule 144A of the Securities Act of 1933 (Securities Act). These amendments are part of the SEC’s efforts to more effectively identify qualified investors and allow for expanded investment opportunities, while still maintaining appropriate levels of investor protections. My colleagues Jasmin Hurley and Ryan Steele explain in this blog on our Federal Securities Law Source blog.

Aug. 31 deadline to rollover 2020 RMDs is quickly approaching

Once a taxpayer reaches age 72 (or age 70 ½ if the taxpayer reached age 70 ½ prior to 2020), the Internal Revenue Code requires owners of most retirement accounts to withdraw minimum distributions (RMDs) from those accounts. To provide relief from the increased tax burden often associated with RMDs, the Coronavirus Aid, Relief and Economic Security (CARES) Act waived RMDs for 2020. The CARES Act, however, was not made law until March 27, 2020 and any taxpayers had already taken their RMDs for this year.

My colleagues John Costello and Elizabeth Arentz explain the issue and how the IRS is responding in this Porter Wright Law Alert.

Ohio irrevocable trusts – Respite for trustees? Proposed legislation establishes optional process for extra-judicial claim resolution

An advantage of an inter vivos revocable trust, which becomes irrevocable upon the settlor’s death, is that the trust typically avoids all probate court filings. However, the lack of filings with the probate court can also be a double-edged sword for trustees who wish for a swift absolution of all claims associated with an irrevocable trust’s administration in Ohio.

The Ohio State Bar Association (OSBA) recently approved a policy that will advocate for a change in Ohio law to provide finality outside of probate administrations. This proposed legislation should be of great interest to institutional trustees in the state.

My colleagues David Bloomfield and Elizabeth Arentz explain in this Porter Wright Law Alert.

Paycheck Protection Program closes; new FAQs on loan forgiveness released

The Paycheck Protection Program (PPP) is now closed to new applicants. While talks on extending or changing the program have stalled on Capitol Hill, the Small Business Administration (SBA) has issued 23 more frequently asked questions specifically related to loan forgiveness. These FAQs are contained in a separate list from the previously released FAQs last updated on June 25, 2020 that focused on PPP loan eligibility and similar questions. My colleagues Jack Beeler, Jack Meadows and Cat Rice explain in this Porter Wright Law Alert.

 

Updated guidance for lenders on the Paycheck Protection Program loan forgiveness process

Although the federal government’s Paycheck Protection Program (PPP) is still open to applicants, borrowers who received PPP loans earlier this spring are getting ready to request that their loans be forgiven, in whole or in part. Lenders are preparing for the influx of a new round of “paperwork.” However, many questions about the program remain unanswered.

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