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Financial Services Law Insights and Observations

SBA reduces felony look-back to one year for PPP applicants

Federal Issues SBA Covid-19 Department of Treasury Small Business Lending CARES Act Flexibility Act

Federal Issues

On June 12, the Small Business Administration (SBA), in consultation with the Treasury Department, released additional revisions to the interim final rule implementing Section 1102 of the CARES Act, which establishes the Paycheck Protection Program (PPP). Specifically, the changes impact the eligibility requirements related to felony convictions of applicants or owners of the applicant. The revisions reduce the look-back period from five years to one year for any felony conviction that does not involve fraud, bribery, embezzlement, or a false statement in a loan application or an application for federal financial assistance. The ineligibility rule applies to any owner of 20 percent or more of equity in the applicant's business. The revisions are effective immediately and reflected in the updated Borrower Application and Lender Application.

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