Important Paycheck Protection Program FAQ updateApril 27, 2020
A new frequently asked question has been added to the PPP FAQ document that clarifies what borrowers need to do to support their certification on their loan application.
The Treasury and SBA added a significant Frequently Asked Question (FAQ) to their Paycheck Protection Program (PPP) FAQ document of which you’ll want to be aware. The new FAQ discusses the need for PPP borrowers to be able to support their certification on the PPP loan application, showing evidence that the current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.
Directly from the US Department of the Treasury FAQs #31:
Question: Do businesses owned by large companies with adequate sources of liquidity to support the business’s ongoing operations qualify for a PPP loan?
Answer: In addition to reviewing applicable affiliation rules to determine eligibility, all borrowers must assess their economic need for a PPP loan under the standard established by the CARES Act and the PPP regulations at the time of the loan application. Although the CARES Act suspends the ordinary requirement that borrowers must be unable to obtain credit elsewhere (as defined in section 3(h) of the Small Business Act), borrowers still must certify in good faith that their PPP loan request is necessary. Specifically, before submitting a PPP application, all borrowers should review carefully the required certification that “current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” Borrowers must make this certification in good faith, taking into account their current business activity and their ability to access other sources of liquidity sufficient to support their ongoing operations in a manner that is not significantly detrimental to the business. For example, it is unlikely that a public company with substantial market value and access to capital markets will be able to make the required certification in good faith, and such a company should be prepared to demonstrate to SBA, upon request, the basis for its certification. Lenders may rely on a borrower’s certification regarding the necessity of the loan request. Any borrower that applied for a PPP loan prior to the issuance of this guidance and repays the loan in full by May 7, 2020 will be deemed by SBA to have made the required certification in good faith.
As discussed in our earlier blog, every PPP borrower should have a due diligence folder that contains a memo that discusses the main reasons why your organization found it necessary to apply for a PPP loan and how your organization intends to spend the PPP proceeds. Click here to read to that blog.
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