In an effort to obtain the
required supporting documentation for Paycheck Protection Program Loans
exceeding $2 million, the SBA has published a notice seeking to release two
questionnaires, one for for-profit borrowers and one for non-profit borrowers.
The questionnaires will be administered through PPP lenders and are intended to support the borrower's good-faith certification regarding the economic need for funding. Lenders who have submitted loan forgiveness on behalf of impacted borrowers will receive a request for completion of the form from the SBA. A request for completion of the questionnaire doesn't automatically imply that the SBA is challenging the good-faith certification. However, impacted borrowers must complete the form within 10 business days of receipt.
The loan necessity forms do not
include any new criteria, but there could be additional scrutiny on borrowers
who:
- Had significant cash on hand at the time of application;
- Are owned by publicly traded companies;
- Are owned by private equity/hedge funds/venture capital firms; and/or
- Compensated employees or owners in an amount that exceeds $250,000 on an annualized basis over the forgiveness period.