PPP Loans and Change of Ownership Rules

lender profile

July 29, 2020

by a lender from Nova Southeastern University in Fort Lauderdale, FL, USA

If you are acquiring a business and that business has received a PPP Loan, here is a something you need to know, especially in light of those trying to close by 9/27/###-###-#### If your transaction is to purchase the "assets" of the company and that company has received a PPP Loan, then that amount will be held in escrow at the time of close until such time as that PPP loan is forgiven. Please make sure the Seller understands this. If however your transaction is to purchase the "stock" of the business and that business has received a PPP Loan, then the funds would still be held in escrow BUT the loan MUST be approved by the SBA. This means the transaction needs to go GP (General Program). In order to send the transaction to the SBA, all third party reports and essentially transaction and closing documents need to be supplied with the submission to SBA. Hopes this helps! Bruce

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Reply by a professional
from Walsh College of Accountancy and Business Administration in Detroit, MI, USA
Bruce, is there anything you can send me that clearly lays out the escrow concept above? Is this guidance from the SBA or how your bank is handling it? I like the approach and expected we would get to this point, but have not seen anything laying it out this way from the SBA or law firms. Email me at redacted Thank you.
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Reply by an investor
from Harvard University in Houston Heights, Houston, TX 77008, USA
Thanks for the helpful info Bruce. By the way, for anyone looking for an expert on the SBA, Bruce is your guy!
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