MPL General Counsel Corner – An attorney that represents himself has a fool for a client
No movement on restarting PPP and EIDL applications as of today. However, there were some updates from the Dept. of Treasury on Friday. Of note, there were additions to the PPP FAQs (questions 32-35) related to agricultural industry applicants, housing stipends and residency requirements of employees.
I do want to circle back on my message from Friday. Please make sure you think through the ramifications of any relief program you utilize. For example, in the latest Interim Final Rule published by the Department of Treasury on 4/24, there is a clarification which I think you should carefully consider as you look at the PPP loan:
However, in addition to applying any applicable affiliation rules, all borrowers should carefully review the required certification on the Paycheck Protection Program Borrower Application Form (SBA Form 2483) stating that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”
Your trusted mentors and professional advisors are here to help you through this process. As a wise person once told me, “An attorney that represents himself has a fool for a client.”
A few things that I think may be relevant or important for you to know:
- US Chamber of Commerce/Inc.com Nation Townhall: Last Friday, the presenters and panelists at the Townhall provided an excellent overview on the current state of the relief programs. Here are a few things that I found of interest:
- You can apply for PPP at more than one institution, but you are only allowed one loan (outside of the affiliated entity exceptions).
- There is no clarity on whether you can also access the employee retention tax credits after you have received PPP forgiveness approval.
- Watch out for fraudulent activities; You should be using lenders that you know and trust.
- Areas in need of clarification: What is included in transportation costs?; and How do you handle retirement contributions (i.e. what time frame do you use)?
- Normal and hazard related payroll bonuses are likely to be allowed for PPP forgiveness, but don’t overdo it. Remember the intent of the PPP loan is to retain employees at pre-crisis levels and pay.
- With remote work a “new normal”, now may be the time to revise or create a company policy around it. This topic was brought up in another roundtable we participated in late last week. SHRM published a good article highlighting the key areas to consider.
- Upcoming Webinars and Helpful Resources
Please see all of our prior updates at the this link.