September 19, 2021

Volume XI, Number 262

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September 16, 2021

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Hold Those Forms: AGC Announcement Raises Doubts on PPP Questionnaire

The Small Business Administration’s Paycheck Protection Program (PPP) Loan Necessity Questionnaire may soon be a thing of the past. Last fall the SBA began requiring lenders to provide certain questionnaires to PPP borrowers that received loans of $2 million or more. The questionnaire was meant to help assess the veracity of a borrower’s certification that “[c]urrent economic uncertainty make this loan request necessary to support the ongoing operations of the Applicant.” The questionnaire was immediately controversial in that much of the requested information appeared to have little relevance to the assessment of a borrower’s good faith in making such certification. 

In December 2020, the Associated General Contractors of America (AGC) filed a lawsuit challenging the questionnaires on multiple grounds. Last week the AGC announced that during negotiations to settle its lawsuit with the SBA, the AGC was informed that the SBA intends to withdraw the questionnaire. This news is important because lenders generally have not requested borrowers provide these questionnaires until after loan forgiveness applications have been filed. Thus, borrowers in a position to delay forgiveness applications or the submission of the questionnaires may consider doing so until further information is available on this subject.

We will continue to monitor and update clients on this development.

© 2021 Bradley Arant Boult Cummings LLPNational Law Review, Volume XI, Number 181
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About this Author

Jonathan Ferry Partner Charlotte FCA Litigation Attorney Bradley Arant Boult Cummings LLP
Partner

Jon Ferry brings his substantial experience as a federal prosecutor to assisting clients in False Claims Act litigation, government investigations and other enforcement actions, internal risk analysis and internal investigations. 

Jon served as Assistant U.S. Attorney for the Western District of North Carolina for over seven years. As the head of the Affirmative Civil Enforcement (ACE) program and the Healthcare Fraud Coordinator for the U.S. Attorney’s Office, Jon led and supervised numerous investigations in the areas of healthcare, financial services and other complex frauds. He...

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