SBA Imposes Cap of $20 Million on Aggregate Paycheck Protection Program Loans to Related Businesses

Client Alert
May 1, 2020

Over the last several weeks, Sullivan has issued numerous client alerts that explore the Paycheck Protection Program (PPP) instituted under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and other funding opportunities available to small businesses.

Yesterday, the Small Business Administration issued additional interim final rules that, among other things, impose an aggregate limit of $20 million of PPP loans to businesses that are part of a single corporate group. Businesses are part of a “single corporate group” if they are majority owned, directly or indirectly, by a common parent. This limitation applies even if the businesses are eligible for a waiver of the affiliation rules under the PPP. Less clear is the true scope of this rule. Does it, for example, apply to ownership of businesses that are in a brother-sister type of relationship, rather than parent-subsidiary, and was there an intent to limit its application to corporate entities? Presumably, additional guidance will be forthcoming as businesses try to make sense of this latest twist.

To the extent the limitation applies, it impacts any loan that was not fully disbursed as of April 30, 2020, including any additional disbursement from an already approved loan that would cause the total loans to a single corporate group to exceed $20 million. In addition, the new rule makes clear that it is the responsibility of the loan applicant to (i) notify the lender if the applicant has applied for or received loans in excess of $20 million and (ii) withdraw or request cancellation of any pending loan application or approved loan not in compliance with the limitation. An applicant’s failure to do so may result in the loan not being eligible for forgiveness.

In light of these new rules, we urge those who may be impacted by this new limitation to contact their loan officer or a member of Sullivan’s COVID-19 team immediately to ensure continuing compliance with the many PPP rules.

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Sullivan has developed a rapid response team of attorneys to help our clients and our communities cope with the impact of the COVID-19 pandemic and understand the implications of the CARES Act and other actions taken by state governments and the federal government. Please refer to Sullivan’s resource center at for more information and for access to Sullivan’s library of related advisories.

Please know that Sullivan is focusing substantial efforts to provide assistance to businesses and individuals affected by COVID-19 and benefited by the CARES Act.  If you have questions about how to move forward and navigate the novel legal issues raised by COVID-19 and/or the CARES Act, please contact your primary Sullivan attorney or send a message to

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