ARTICLE
18 May 2020

FRB Modifies PPP To Allow For Certain Small Business Loans To Bank Officers, Directors And Shareholders

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The FRB modified the PPP under the Small Business Act to allow bank executive officers, directors and principal shareholders to apply for PPP loans from related bank affiliates on behalf of small businesses they own.
United States Corporate/Commercial Law

The Federal Reserve Board ("FRB") modified the Paycheck Protection Program ("PPP") under the Small Business Act to allow bank executive officers, directors and principal shareholders to apply for PPP loans from related bank affiliates on behalf of small businesses they own. Under the interim final rule, the FRB will except PPP loans from the definition of "extension of credit" under Federal Reserve Act Section 22 and FRB Regulation O ("Loans to Executive Officers, Directors and Principal Shareholders of Member Banks").

The interim final rule is effective upon publication in the Federal Register. Comments must be submitted within 45 days after the date of publication in the Federal Register.

Primary Sources

  1. FRB Press Release: Federal Reserve Board announces rule change to bolster the effectiveness of the Small Business Administration's Paycheck Protection Program
  2. FRB Interim Final Rule: Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks

Originally published April 21, 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More