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Changes to PPP Loans by the Paycheck Protection Program (PPP) Flexibility Act of 2020

By John C. Anjier, Nina Skinner, Cody J. "C.J." Miller & Madeline Thomas on June 9, 2020
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Updated July 8, 2020

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, also known as the CARES Act, which established, in relevant part, the Paycheck Protection Program (PPP), a loan program that offers eligible borrowers the potential for loan forgiveness. For more information on the PPP and other CARES Act lending programs, click here, and for information about applying for PPP loans, click here.

Paycheck Protection Program (PPP) Flexibility Act of 2020

In an effort to make the terms of PPP loans more flexible for borrowers, Congress passed certain changes to the PPP in the Paycheck Protection Program Flexibility Act of 2020, which President Trump signed into law on June 5, 2020 (the Flexibility Act).

The Flexibility Act makes certain changes to the original CARES Act regarding the administration of the PPP and the terms of PPP loans. Please take note of the following changes—for your reference, we note the original terms from the CARES Act in the first column, and the new, amended terms from the Flexibility Act in the second column.

If you have not yet applied for a PPP loan or have not yet received funding, you do not have to do anything regarding these changes other than take note of them. If you have already received PPP loan funding, we encourage you to consult with your lender, financial advisor, and legal counsel to determine how these changes may impact your original PPP loan application and your PPP loan forgiveness application.

Loan Forgiveness under the PPP

The U.S. Small Business Administration (SBA) is in charge of determining loan forgiveness under the PPP, and the SBA has issued an application and instructions for loan forgiveness, which you can read more about here. Given the changes to the PPP by the Flexibility Act, we expect guidance and additional changes to the forgiveness application over the coming weeks.

Our COVID-19 Team Members continue to be available to assist with any questions that may arise. As further guidance, regulations, and applications are published, we will continue to update this page as necessary. If you have any questions, please contact John Anjier, Nina Skinner, C.J. Miller, or Madeline Thomas.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue. By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site. The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

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Photo of John C. Anjier John C. Anjier

John Anjier is a business and litigation lawyer and adviser representing and assisting clients with securities regulation, corporate and business transactions, and securities, white collar, and professional liability litigation.   “My 25 years of securities and white collar experience, gives me a unique and…

John Anjier is a business and litigation lawyer and adviser representing and assisting clients with securities regulation, corporate and business transactions, and securities, white collar, and professional liability litigation.   “My 25 years of securities and white collar experience, gives me a unique and valuable perspective in crafting solutions for clients to meet their business and regulatory needs.  I have seen what happens firsthand when the documents for the deal or the filing with the SEC contains mistakes.  This combination gives me a sense of how to help put a deal together more efficiently and effectively.”

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Photo of Nina Skinner Nina Skinner

Nina Skinner counsels privately-held and publicly-traded corporations, start-up companies and nonprofit organizations in various stages of business transactions.

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Photo of Cody J. "C.J." Miller Cody J. "C.J." Miller

C.J. Miller is a business lawyer in the firm’s Lafayette office, with experience practicing in the areas of commercial finance, secured transactions, commercial real estate, general business law, and estate planning and succession administration.

Read more about Cody J. "C.J." MillerEmail
Photo of Madeline Thomas Madeline Thomas

Madeline is a business lawyer in the firm’s Houston office and handles a variety of transactional matters, including real property acquisitions and divestitures and sophisticated oil and gas projects, both onshore and offshore.  She has represented clients in all phases of energy exploration…

Madeline is a business lawyer in the firm’s Houston office and handles a variety of transactional matters, including real property acquisitions and divestitures and sophisticated oil and gas projects, both onshore and offshore.  She has represented clients in all phases of energy exploration, development, and production, ranging from lease drafting to complex litigation.

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  • Organization:
    Liskow & Lewis

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