Fed Amends Reg O for PPP Loans

On April 17, 2020, the Federal Reserve announced a rule change to bolster the effectiveness of the Small Business Administration's (SBA) Paycheck Protection Program (PPP). The change temporarily modifies the Fed’s rules so that certain bank directors and shareholders can apply for PPP loans for their small businesses.

To prevent favoritism, Regulation O has long limited the types and quantity of loans that bank directors, shareholders, officers, and businesses owned by these persons can receive from their related banks. These requirements have prevented some small business owners from accessing PPP loans—especially in rural areas.

The SBA recently clarified that PPP lenders can make PPP loans to businesses owned by their directors and certain shareholders, subject to certain limits and without favoritism. This change to Regulation O will allow those individuals to apply for PPP loans, consistent with SBA's rules and restrictions. The change only applies to PPP loans.

The Federal Reserve is providing the temporary change to allow banks to make PPP loans to a broad range of small businesses within their communities. The SBA explicitly has prohibited banks from favoring in processing time or prioritizing a PPP loan application for a director or equity holder, and the Federal Reserve will administer its rule change accordingly.

The rule change is effective immediately and will be in place while the PPP is active. Comments will be accepted for 45 days after publication in the Federal Register.

The interim final rule can be found here.

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