Resources tagged with 'Christopher W. Genheimer'


SBA Updates Guidance on PPP Loan Good Faith Certification

The Small Business Administration (SBA) has just released new guidance on how it will review the good faith certification that all Paycheck Protection Program (PPP) borrowers must make when they submit their applications for PPP loans.  Under the PPP, all borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”  The SBA previously threatened audits and potential civil and criminal penalt ...
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Ensuring PPP Loan Compliance and Avoiding Potential Penalties

This client alert contains guidance that has recently been updated.  Click here to read the most recent guidance.  The Small Business Administration’s (SBA) Paycheck Protection Program (PPP) was launched on April 3, 2020, and the initial round of funding was exhausted on April 16, with more than 1.6 million small businesses receiving approval for loans totaling over $342 billion.  According to the SBA, the average loan size is $206,000.  Although the vast majority of loans were under $1 ...
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COVID-19 Business Continuity Planning

Businesses of all sizes are being impacted by the coronavirus and more are feeling the impact every day as the ripple effects move throughout the global economy. Businesses need to evaluate their particular situation and create a continuity plan to continue operating in these rapidly changing times. Below is an outline of key areas to focus on and address to ensure your business can successfully ride out the storm. Access to Capital: This is a critical area for many businesses to ensure emplo ...
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IRS Ramps Up Effort to Collect Employer Shared Responsibility Payments

The IRS has recently started sending letters to businesses asserting tax penalties under the Affordable Care Act (ACA), also known as "Obamacare". These letters advise that the business owes an Employer Shared Responsibility Payment (ESRP) penalty as a result of failing to comply with certain provisions of the ACA. Under the ACA, all employers with 50 or more full-time employees are required to offer health insurance coverage that is affordable and provides minimal essential coverage to at le ...
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Is Your Estate Plan Prepared to Exit Your Business?

Is Your Estate Plan Prepared to Exit Your Business? (PDF)  

Mandatory Re-Filing of Assumed Business Names

On December 1, 2017, North Carolina's new Assumed Business Name Act (the “Act”), went into effect.  The new Act is much more detailed and broader in scope than the prior statute N.C.G.S. § 66-68.  The new Act applies to any "Persons" engaging in business under a name that is different from their official name (for example, ABCD, Inc. operating and advertising as “John’s Pizza”).  Under the new Act, "Person" is broadly defined and includes any individual, partnership, limited partne ...
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North Carolina’s New Uniform Power of Attorney Act

Effective January 1, 2018, North Carolina adopted a new Uniform Power of Attorney Act (the "Act") that is codified in Chapter 32C of the North Carolina General Statutes.  The new Act addresses the creation, execution, and termination of a financial power of attorney ("POA"), and makes sweeping changes to the old Act with the goal of making it easier for the agent to manage the principal's affairs. Arguably one of the most significant changes to the statute is the filing requirement.  Under ...
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