Yes, under certain circumstances. On 14 April 2020, the SBA issued written guidelines allowing eligible companies owned by external bank managers and shareholders holding less than 30% of Anequitynus in their financial institution to obtain PPP loans from their banks. Executives, principal employees and shareholders with a 30% or more interest would not be allowed to obtain PPP loans from their banks, but could obtain a PPP loan from another licensed lender. While there is still some uncertainty about a bank`s requirement to pay agent fees for PPP credit applications, Minister Mnuchin told Congress that brokerage fees “should be based on a contractual relationship between the agent and the bank, and as there is confusion about this , we will consider whether this is clarified. As a result, the SBA and the Ministry of Finance may publish additional guidelines or rules on when a fee is owed to an agent in connection with a P3 loan application. In addition, a federal district court ruled in a recent decision that the clear language of the CARES Act and the interim PPP rule does not require any lender to pay fees to P3 loan agents. This decision is not binding on other jurisdictions, but other jurisdictions may avail themselves of the obligation to determine whether agents are entitled to a fee for a PPP loan. Yes, yes. For each PPP loan controlled by SBA, if the SBA finds, within one year of the PPP loan payment, that the borrower was ineligible, the SBA will request reimbursement of the processing fee by the bank that took out the PPP loan. However, the SBA`s finding of the borrower`s ineligibility does not affect the SBA`s guarantee of such a PPA loan when the bank has fulfilled its obligations, nor does it affect the retention and retention requirements described in the lender application form. Yes, yes. The Federal Reserve has authorized the Federal Reserve Banks to implement the Paycheck Protection Program liquidity facility (the PPPL facility).
The PPPL facility allows each Federal Reserve Bank to extend loans without recourse to all SBA-approved PPP lenders to finance loans made by these lenders under the P3 program. SBA-qualified PPP lenders include banks, credit unions, Community financial institutions, members of the agricultural credit system, SBA-licensed small business credit firms and some financial technology companies. Yes, yes. A lender can use its own online systems and form if it requests the same information as requested in Form SBA 2483. Lenders remain required to send the data to the SBA via SBA`s etran-service account. Lenders may use their own change of funds and contain all conditions, including amortization and advertising conditions, that are not in contradiction with sections 1102 and 1106 of the CARES Act, the rule and interim guidelines on PPPs and Form SBA 2484.