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SBA Announces Procedure for PPP Lenders to Collect Loan Processing Fees

By James M. Kane, James W. Morrissey, Daniel C. McKay, II, Jennifer Durham King, Juan M. Arciniegas & Mark C. Svalina on May 22, 2020
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On May 21, 2020, the U.S. Small Business Administration (“SBA”) released a notice informing lenders of how they may collect loan processing fees for eligible loans issued under the Paycheck Protection Program (“PPP”).

Pursuant to the CARES Act and the Interim Rule, issued by the SBA on April 2, 2020, the SBA will pay fees to lenders for processing eligible PPP loans at the following rates, based on the balance of the loan outstanding at the time of full disbursement:

  • 5% for loans under $350,000;
  • 3% for loans between $350,000 and $2 million; and
  • 1% for loans over $2 million.

However, in order to collect the processing fee on a PPP loan, a lender must first report to the SBA that a loan has been fully disbursed using SBA Form 1502.  The SBA will begin accepting these reports on fully disbursed PPP loans on May 22, 2020.  Once the report is received, the SBA will initiate the process of paying the PPP processing fee for which the lender is eligible.

Lenders will not receive processing fees for PPP loans in the following circumstances:

  • Prior to full disbursement of the loan;
  • If the loan is cancelled before disbursement;
  • If the PPP loan is cancelled or voluntarily terminated and repaid after disbursement but before the borrower certification safe harbor date of May 18, 2020 (including if a borrower repays the PPP loan because of a misunderstanding or misapplication of the borrower’s certification regarding the necessity of the PPP loan request); or
  • If the PPP loan is cancelled, terminated or repaid after disbursement (and after the borrower certification safe harbor date of May 18, 2020) because SBA conducted a loan review and determined that the borrower was ineligible for a PPP loan.

Importantly, lenders should also be aware that the SBA will require processing fees to be repaid  if the SBA determines that either the borrower was ineligible to receive a PPP loan within one year after loan disbursement or that the lender has not fulfilled its obligations under the PPP.  Repayment of processing fees due to a borrower’s ineligibility will have no effect on the SBA’s guaranty of the loan, provided that the lender complied with its obligations under the PPP.  In cases where the lender is found to have not complied with relevant obligations, the SBA will seek repayment of the loan processing fee and may also determine that the loan is not eligible for a guarantee.

For more information please see the SBA’s notice, PPP Lender Processing Fee Payment and 1502 Reporting Process, available here.

Photo of James M. Kane James M. Kane
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Photo of James W. Morrissey James W. Morrissey
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Photo of Daniel C. McKay, II Daniel C. McKay, II
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Photo of Jennifer Durham King Jennifer Durham King
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Photo of Juan M. Arciniegas Juan M. Arciniegas

Mr. Arciniegas works primarily as a derivatives lawyer and covers markets for over-the-counter (OTC) derivatives, structured finance products and listed futures. He advises on every stage throughout the life cycle of a derivatives transaction, providing assistance to a wide range of market participants…

Mr. Arciniegas works primarily as a derivatives lawyer and covers markets for over-the-counter (OTC) derivatives, structured finance products and listed futures. He advises on every stage throughout the life cycle of a derivatives transaction, providing assistance to a wide range of market participants engaged in the markets in various capacities. Regulatory matters range from assisting clients on financial reform legislation, registration and membership with the CFTC, NFA, and other financial market utilities, to providing guidance to commercial end-users and sell-side participants on exemptions, cross-border access issues, and matters involving the overlapping jurisdiction of securities and commodities regulation. Transactional matters include the negotiation and implementation of comprehensive documentation for agency-MBS, cleared and OTC derivatives, FX, futures, loan-level hedging arrangements, prime brokerage, repurchase transactions, securities lending, structured finance transactions, and related industry protocols implementing changes in those markets. Mr. Arciniegas has appeared before the CFTC, the Federal Reserve, the SEC, and is a frequent speaker and published author on futures and derivatives topics.

Read more about Juan M. ArciniegasEmail
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Photo of Mark C. Svalina Mark C. Svalina
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  • Posted in:
    Financial
  • Blog:
    The 21st Century Banker
  • Organization:
    Vedder Price PC
  • Article: View Original Source

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