On October 2, 2020, the Small Business Administration (SBA) published a long-awaited procedural notice that provides further clarity on procedures for changes of ownership of an entity that has received Paycheck Protection Program (PPP) funds. The procedural notice (i) identifies when a change of ownership will be deemed to have occurred, (ii) specifies the reporting obligations of PPP borrowers in connection with such change of ownership, and (iii) provides guidance as to whether the SBA’s prior approval is required. Notably, the procedural notice does not provide any relief to PPP borrowers with change of ownership transactions that were closed prior to October 2, 2020.
Nick Marchica is a partner in Baker McKenzie's New York office, where he is the Chair of the Transactional Practice Group. He mainly advises domestic and international companies, private equity firms and commercial banks across the United States, Asia Pacific and Europe on a range of market-shaping M&A transactions. Nick is a member of the Firm's North American Private Equity Steering Committee.