Client Alerts

 

The Estate Tax Exemption May Go Down Drastically (Either Immediately or in a Few Years) – Should You Take Action Now to Reduce a Potential Estate Tax?

In the past, the amount that a person could transfer exempt from the estate tax at his or her death was fairly steady for many years. Starting around 2002, the exemption started increasing at a faster rate, going to $5 million in 2011 and then doubling in 2018. The exemption amount currently sits at $11.58 million per person and is slated to go to $11.7 million in 2021. The exemption has never been reduced in the history of the tax, although we came close a couple of times (remember the “fi ...
Read More

North Carolina Commercial Receivership Act Recently Enacted

On July 1, 2020 Governor Cooper signed into law the North Carolina Commercial Receivership Act (the “Act”), Session Law 2020-75, which creates a new Chapter 38A of the General Statutes.  The Act becomes effective January 1, 2021 and applies to receiverships commenced under the Act on or after that date. The Act creates a new statutory remedy for those persons that are eligible to be debtors under the Act and does not replace any other provisions of statutory law or principles of common law ...
Read More

Paycheck Protection Program Flexibility Act and Other PPP Updates

Please see our previous client alerts regarding PPP loans here and here. There have been a number of recent updates regarding the Paycheck Protection Program (“PPP”).  On June 5, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”), which enacted important changes to the program designed to make the Act more accommodating for borrowers.  In addition, the Small Business Administration (“SBA”) has also released the forgiveness applicati ...
Read More

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 ...
Read More

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 ...
Read More

N.C. Secretary of State Extends Delinquency Date for Annual Reports

Annual reports (and the associated fees) for most North Carolina business entities, including corporations and LLCs, must be filed with the North Carolina Secretary of State no later than April 15 of each year. On April 7, 2020, the office of the Secretary of State made an announcement stating that although the office lacked the statutory authority to extend the filing date for annual reports and associated fees, it would not consider reports and fees to be delinquent if they are received by ...
Read More

Review Your Credit Facilities in the Midst of the COVID-19 Pandemic

Borrowers and lenders alike may feel inclined to review loan documents only on two occasions: at closing and upon the occurrence of an event of default.  In today’s unprecedented times, there is a third very essential time to review documents relating to your credit or debt facilities: right now. In addition to payment defaults, loan facilities are packed full of covenants, conditions, representations, and warranties which, when business is good, may not warrant much consideration. But in ...
Read More

For media inquiries, please contact: Erin Molinaro | ekm@crlaw.com