Previously we reported on the various types of loan relief available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020....more
The Paycheck Protection Program Flexibility Act of 2020, H.R. 7010 (PPPFA) recently passed by Congress and signed by the president on June 5, 2020 makes significant changes to the Paycheck Protection Program (PPP) in an...more
On April 9, 2020, the Federal Reserve announced its Main Street Lending Program (MSLP), which in its initial form consisted of two facilities through which the Federal Reserve would purchase participations in loans that met...more
Following the release of the second round of Paycheck Protection Program (PPP) funding, the Small Business Administration (SBA) posted several updates related to the PPP. ...more
A number of public companies applied for and received potentially forgivable loans under the Paycheck Protection Program (PPP). To be eligible for a PPP loan a borrower does not need to demonstrate that it is unable to obtain...more
4/25/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Eligibility Determination ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Publicly-Traded Companies ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business
In the past six weeks Congress has passed hundreds of pages of legislation aimed at assisting businesses through the COVID-19 pandemic. It can be difficult to keep track of all of the programs and the dizzying array of new...more
With lending now underway under the well-known Paycheck Protection Program (PPP) established under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) aimed at providing COVID-19 relief to small and medium...more
On the night of April 6, 2020, the Small Business Administration (SBA) and the Department of the Treasury released answers to updated Frequently Asked Questions (FAQs) relating to the Paycheck Protection Program (PPP) on the...more
4/8/2020
/ Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Economic Injury Disaster Loans ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief
Following last Friday’s passing of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), businesses are eager to obtain much-needed relief, but there are uncertainties about which forms of relief are available...more
4/7/2020
/ Business Interruption ,
CARES Act ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
Federal Loans ,
Financial Stimulus ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Tax Relief
Minnesota Governor Mark Dayton has signed into law revisions to several Minnesota business organization statutes including the Minnesota Business Corporation Act, the Minnesota Revised Uniform Limited Liability Company Act,...more
The Minnesota legislature is on the verge of approving several changes to the Minnesota Business Corporation Act, Chapter 302A of the Minnesota Statutes (the MBCA), in order to modernize the statute and follow the lead of...more
Stinson Leonard Street served as lead counsel to Two Harbors Investment Corp. (NYSE:TWO) in its $295 million public offering of 11,800,000 shares of its 7.25% Series C Fixed-to-Floating Rate Cumulative Redeemable Preferred...more
Two pieces of guidance emerged from the Securities and Exchange Commission on September 21, 2017, with respect to the pay ratio rule. The guidance was issued by the Commission and the Commission's Division of Corporation...more
The Financial Accounting Standards Board's new revenue recognition standard is expected to have wide-ranging effects on M&A transactions. The new revenue recognition standard under GAAP will be applicable to public companies...more
FASB’s new revenue recognition standard is expected to have wide ranging effects on M&A transactions. The new revenue recognition standard under GAAP (Accounting Standards Update 2014-09; Topic 606) will be applicable to...more
Rule 14a-21(b) requires a say-on-pay frequency vote every six years. Many issuers included a frequency vote in their 2017 proxy because they were subject to the initial rules when they became effective for shareholders’...more
8/30/2017
/ Conflict Mineral Rules ,
Disclosure Requirements ,
Dividends ,
Emerging Growth Companies ,
Form 10-K ,
Institutional Shareholder Services (ISS) ,
Internal Audit Functions ,
Pay Ratio ,
PCAOB ,
Proxy Season ,
Proxy Voting Guidelines ,
Resource Extraction ,
Revenue Recognition Standard ,
Say-on-Pay ,
Securities and Exchange Commission (SEC) ,
Securities Settlement Cycles ,
Shareholder Proposals ,
XBRL Filing Requirements
On September 5, 2017, a new SEC rule will take effect that shortens the standard settlement cycle for most broker-dealer transactions from three business days after the trade date, known as T+3, to two business days after the...more
As of January 1, 2018 a new law the Minnesota Revised Uniform Limited Liability Company Act, or Chapter 322C, will apply to all Minnesota limited liability companies. Chapter 322C completely replaces the existing LLC...more
One of the features of the Revised Uniform Limited Liability Company Act (RULLCA) that has been adopted in Minnesota and many other states is that it allows for an LLC to expel a member by judicial order under certain...more
On December 10, the SEC Small Business Advocate Act was approved by the Senate, clearing the way for signature by the President. The measure, which creates an advocacy office for the interests of small businesses within the...more
On Monday, the House of Representatives passed the Creating Financial Prosperity for Businesses and Investors Act (H.R. 6427) (the “Act”) by a vote of 398 to 2. The Act is actually a compilation of six measures that were...more
12/7/2016
/ Accredited Investors ,
Capital Formation ,
Capital Raising ,
Crowdfunding ,
Exemptions ,
Investment Companies ,
Investment Company Act of 1940 ,
Pending Legislation ,
SEC Advisory Committee ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Small Business
On June 13, the final administrative rules implementing the MNvest intra-state crowdfunding exemption were adopted. The MNvest Rules were first proposed back in November of 2015. Yesterday's publication in the Minnesota...more
6/14/2016
/ Capital Raising ,
Crowdfunding ,
Cybersecurity ,
Funding Portal ,
Investment ,
Offerings ,
Personally Identifiable Information ,
Recordkeeping Requirements ,
Registration Requirement ,
Reporting Requirements ,
Rule 10b-5
Robb Mandelbaum has a nice piece up at Forbes that digs into the advertising limitations that are imposed by Regulation Crowdfunding. The whole piece is worth a read, and it sparked reactions in me in a couple of spots....more
On May 22, 2016 several amendments to the Minnesota Revised Uniform Limited Liability Company Act, Chapter 322C of the Minnesota statutes, were passed into law. While most of the changes are immaterial or administrative in...more
On Friday the SEC released a new set of Compliance and Disclosure Interpretations on Regulation Crowdfunding ahead of the effective date of Regulation Crowdfunding on May 16. The C&DIs address issuer communications with the...more