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By: Alston & Bird

On April 24, 2020, the Small Business Administration (SBA) released the Interim Final Rule on Requirements for Promissory Notes, Authorizations, Affiliation, and Eligibility, which provides additional guidance on the rules governing the Paycheck Protection Program (PPP). Under the CARES Act, the SBA was granted authority to administer PPP loans under its Section 7(a) loan program. The Interim Rule clarified that, in accordance with existing SBA regulations that determine which businesses are eligible for Section 7(a) loans, "hedge funds and private equity firms are primarily engaged in investment or speculation, and such businesses are therefore ineligible to receive a PPP loan." The Interim Rule did not clarify whether fund managers are ineligible for the PPP. Fund managers should carefully consider whether they meet the eligibility criteria and can make the certifications necessary to apply for the PPP.

Limited Safe Harbor to Return PPP Loan

When applying for a PPP loan, applicants, including fund managers, are required to certify that "current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant." The Interim Rule provides for a temporary safe harbor, allowing any borrowers that applied for a PPP loan before the issuance of the Interim Rule on April 24, 2020 to repay the loan in full by May 7, 2020 without penalty.

Disclosure on Form ADV

In the Division of Investment Ma......................

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