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ARTICLE · 23 APRIL 2020

CARES Act Payroll Protection Loan Program – US Treasury Issues Updated Guidance

The United States Treasury and Small Business Administration (SBA) issued guidance late in the day on March 31, 2020 updating and clarifying certain portions of the...

United StatesCoronavirus (COVID-19)

The United States Treasury and Small Business Administration (SBA) issued guidance late in the day on March 31, 2020 updating and clarifying certain portions of the CARES Act Payroll Protection Program.

The Treasury's announcement confirms that all loans will have identical features, including a fixed interest rate of .5% per annum and a maturity term of 2 years. Our previous alert referenced the text of the CARES Act bill providing for loans with a 10-year maturity with an interest rate not to exceed 4% per annum, but the Treasury's guidance lowered the interest rate and maturity period.

Payroll Protection loans can be obtained in amounts of up to two months of average monthly payroll costs from the last year plus an additional 25% of that amount (i.e., 2.5 times the average monthly amount), subject to a $10 million cap. The CARES Act was originally unclear on how to treat employees making over $100,000, but the guidance clarifies that "Payroll Costs" are subject

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