On December 9, 2020, the Small Business Administration (the “SBA”) released Paycheck Protection Program (“PPP”) Loans FAQ #53, which provides additional information regarding the Loan Necessity Questionnaires (SBA Forms 3509 or 3510) that will be required for all PPP borrowers that, together with their affiliates, received loans of $2 million or more. The SBA is requiring that these...

Governor Gina Raimondo has announced a Coronavirus Relief Fund grant program for Rhode Island businesses affected by Executive Order 20-95, which requires an early shutdown for certain bars and restaurants. Under the Executive Order, for at least two weeks, effective on Sunday, November 8, 2020, all restaurants and bars must end service at 10:00 p.m. on...

The Small Business Administration has announced in the Federal Register the release of two proposed questionnaires for recipients of Paycheck Protection Program (PPP) loans of $2 million or greater. One questionnaire will collect information from for-profit borrowers, and the other questionnaire is for non-profits. The questionnaires have not been posted to the SBA’s website but...

When tragedy hits, there are always nefarious people who will try to profit. The ongoing COVID-19 pandemic is no exception. There have been recent instances in which scammers have successfully used publicly available information of unsuspecting companies to fraudulently apply for Economic Injury Disaster Loans from the Small Business Administration (SBA).  In one example, a...

While some states’ ongoing efforts to legalize cannabis via voter referendums have been impacted by the COVID-19 pandemic, a number of states will still be presenting the voters with questions regarding legalization of cannabis this year. Arizona, South Dakota, Montana and New Jersey voters will vote on adult recreational use legalization, while Idaho and Mississippi...

On October 2, 2020, the SBA issued guidance under a procedural notice (the “Notice”) providing information concerning the required procedures for changes of ownership of an entity that has received a Payroll Protection Program (“PPP”) loan (such entity, a “PPP Borrower”). Under the guidance, if a change of ownership occurs in a PPP Borrower, prior...

In an article which appears in this month’s issue of The Standard, PS&H Attorneys Brian Reilly and Brian Fishman discuss developments in Massachusetts’ law that could impact insurance companies with commission-only employees. In May 2019, the Massachusetts Supreme Judicial Court issued a decision interpreting the method for calculating overtime wages for Massachusetts commission-only employees. The article...

By Russell J. Stein On Friday August 28th the IRS issued limited guidance on the payroll tax deferral that was part of President Trump’s August 8th executive order. Under IRS Notice 2020-65 (the “Notice”), employers are not required to withhold the employee share of Social Security taxes (the “Applicable Taxes”) attributable to wages paid to...

On August 26, 2020, Jay Clayton, Chairman of the U.S. Securities and Exchange Commission (SEC), released a Statement on Modernization of the Accredited Investor Definition. This Statement reflects the SEC’s commitment to expanding the pool of eligible accredited investors. For over thirty years, the accredited investor test for individuals has been a binary test based...

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