On March 31, 2020, the U.S. Department of Treasury (“Treasury”) published additional information on the application process for the Paycheck Protection Program (“PPP”) which is summarized below. More detailed information on the PPP can be found here: /our-thoughts-on/paycheck-protection-program
Timing Information: When Can You Apply For The Program?
- April 3 – Small Businesses and Sole Proprietorships;
- April 10 – Independent Contractors and Self-employed Individuals.
View a copy of the application here: https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Application-3-30-2020-v3.pdf.
Loan Uses: How Can the Loan Proceeds be Used?
- Payroll costs, including benefits;
- Interest on mortgage obligations, incurred before February 15, 2020;
- Rent, under lease agreements in force before February 15, 2020; and
- Utilities, for which service began before February 15, 2020.
The CARES Act was unclear on employees making over $100,000. The Treasury has clarified that any employee making over $100,000 can be included, but their salaries, wages, commissions, or tips will be capped at $100,000 on an annualized basis.
Forgiveness: What Loan Amounts Can be Forgiven?
Specific details on the loan forgiveness can be found here: /our-thoughts-on/paycheck-protection-program
The loan amounts will be forgiven as long as:
- The proceeds are used to cover payroll costs and most mortgage interest, rent, and utility costs over the eight week period after the loan is made; and
- Employee and compensation levels are maintained.
The Treasury has added that, due to likely high subscription, it is anticipated that not more than 25% of the forgiven amount may be for non-payroll costs.
Terms: What are the Key Terms of the Loan?
The interest rate will be a 0.50% fixed rate with a two-year term (with no prepayment penalties or fees).
Required Certifications: What Must the Applicant Certify?
The applicant must certify a number of things including that the loan is necessary due to the economic uncertainty and funds will be used for the purposes listed above. A full list of the certifications are included on the application.
Signatories: Who Must Sign the Application?
- Sole Proprietorship – Sole Proprietor;
- Partnership – All general partners and any limited partner owning 20% or more of the equity of the firm;
- Corporation – All owners of 20% or more of the corporation;
- LLC’s – All members owning 20% or more of the company; and
- Any Trustor if the applicant is owned by a trust.
The Borrower and Lender fact sheets issued by the Treasury can be found here: https://home.treasury.gov/system/files/136/PPP%20Borrower%20Information%20Fact%20Sheet.pdf and here: https://home.treasury.gov/system/files/136/PPP%20Lender%20Information%20Fact%20Sheet.pdf
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