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Financial Services Law Insights and Observations

Fintechs can now apply to be lenders under the PPP

Federal Issues Nonbank Fintech Non-Depository Institution SBA CARES Act Covid-19

Federal Issues

The Small Business Administration (SBA) and the Treasury Department released a lender agreement for non-bank and non-insured depository institution lenders seeking to make SBA-guaranteed financing under the Paycheck Protection Program (PPP) as part of the CARES Act. The agreement sets forth attestation requirements for two subsets of eligible lenders. Group A attestation requirements relate to depository or non-depository financing providers who have, among other things, “originated, maintained, and serviced more than $50 million in business loans or other commercial financial receivables during a consecutive 12 month period in the past 36 months.” Group B attestation requirements relate to service providers of insured depository institutions, who among other things: (i) must have a contract to support an insured depository institution’s lending activities; and (ii) within the past three years, must have been subject to an examination by the Federal Reserve, OCC, or FDIC in connection with that role. Unless an earlier termination occurs, lenders under the agreement will have “authority to make covered loans” until July 1, 2020.

As previously covered by InfoBytes, the SBA, in consultation with the Treasury Department, recently updated PPP frequently asked questions to provide additional clarifications to lenders and borrowers.

Please see Buckley’s dedicated SBA page, which includes additional SBA resources.