A Paycheck Protection Program (PPP) borrower's forgiveness
application must be submitted to the servicing lender in the first
instance, and it must include all the documentation specified in 15
U.S.C. § 9005(e). The content of the submission must include
documentation verifying full-time equivalent employees and pay
rates, documentary proof of the existence and payment of forgivable
expenses in the covered period, and borrower certifications
affirming that the forgiveness amount requested was used to retain
employees or to satisfy a covered mortgage obligation, rent
obligation, or utility payment.
An SBA review, however, may also include an audit of initial
borrower eligibility. That could involve any number of sub-issues
or disqualifying factors going back to the time of the loan
application, including the nebulous “necessity
certification.” But Section 9005(e) does not expressly
require borrowers to submit documentation to the lender with the
forgiveness
