Scamming, phishing, pharming, vishing -- people in the business world are well aware that hackers and other fraudsters have developed a myriad of schemes designed to obtain sensitive personal information and money. Every year, these schemes cause businesses to suffer significant financial losses. The FBI estimates that in 2020 business email...
On April 28th, 2021, President Biden revealed a slew of tax proposals. One of these proposals involved curtailing the use of a long-standing planning tool -- the Tax Deferred Like-Kind Exchange. Flowing from Section 1031 of the Internal Revenue Code, Section 1031 exchanges are a key component of the investment real estate market, especially for...
By: Timothy J. Feldhausen On March 23, 2021, the container vessel Ever Given, one of the largest container ships in the world, grounded in the Suez Canal for nearly 5 days, blocking traffic through one of the busiest and most important commercial sea lanes in the entire world. The cost of this single incident is being measured in billions of...
Davis|Kuelthau Commercial Finance and Corporate attorney, Lawrence J. Glusman recently sat down with David Cody, Chief Executive Officer and Founder at ACAP to discuss the improvements and other changes in the second round of the Paycheck Protection Program. The discussion was moderated by Jason Monnett, Senior Vice President and the Senior...
By: Lawrence J. Glusman On October 2, 2020, the Small Business Administration (SBA) issued a procedural notice regarding changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds. The notice does three main things – defines when a “change of ownership” is deemed to have occurred, details when and how lenders may...
By: Lawrence J. Glusman On June 16, 2020, the SBA released a revised PPP loan forgiveness application form and instructions, along with a brand new “EZ” version and instructions. The forms implement provisions of the recent PPP Flexibility Act of 2020 (signed into law on June 5, 2020) and address criticism that the original forgiveness...
On June 3, 2020, the Senate passed H.R. 7010 (previously passed by the House on May 28, 2020) entitled the Paycheck Protection Program Flexibility Act of 2020 (the “PPPFA”). Once signed into law by the President, the PPPFA will amend the CARES Act in several meaningful ways. The highest profile change is to the definition of “covered period”...
On May 15, 2020, the SBA and the Treasury Department released the long-awaited Paycheck Protection Program (PPP) loan forgiveness application and detailed instructions. They also announced that additional regulations and guidance would soon issue to further assist borrowers as they complete their applications, and to assist lenders with their...
By: Lawrence J. Glusman Second Round of May 13, 2020 SBA Updates | New PPP FAQ #47 Published 47. Question: An SBA interim final rule posted on May 8, 2020 provided that any borrower who applied for a PPP loan and repays the loan in full by May 14, 2020 will be deemed by SBA to have made the required certification concerning the necessity...
By: Lawrence J. Glusman The SBA just issued a brand new FAQ, #43, which grants an automatic 1-week extension to the PPP loan repayment safe harbor until May 14. Borrowers do not need to formally request the extension. The SBA will implement it through a revision to the Interim Final Rule which created the safe harbor. Most notably, the SBA now...
