News & Analysis as of

Small Business Mergers

Holland & Knight LLP

How SBA's Proposed Size, Status Recertifications Rule Could Impact Small Business M&A

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The U.S. Small Business Administration (SBA) on Aug. 23, 2024, issued a Proposed Rule that significantly changes the effect of recertifications of size and socioeconomic status under set-aside contracts following a merger or...more

Maynard Nexsen

SBA Proposes Rule That Will Change M&A Landscape for Small Business, Recertifications to Impact Award Eligibility

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The Small Business Administration ("SBA") recently issued a proposed rule that changes the effect of a concern's size recertification following mergers and acquisitions ("M&A") activity. Notably, the proposed rule is...more

PilieroMazza PLLC

SBA Proposed Rule Significantly Changes Effect of Size/Status Recertifications and Alters M&A for Government Contractors

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The Small Business Administration (SBA) recently issued a proposed rule (Rule) that would significantly change a government contractor’s obligations to recertify its size and socioeconomic status under set-aside contracts and...more

WilmerHale

State Taxation of Qualified Small Business Stock: Federal Tax Exclusion Not Always Replicated at State Level

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In the event of an M&A transaction, many stockholders plan to take advantage of the exclusion from federal taxable income of gain realized from the sale or exchange of “qualified small business stock” (QSB stock). Section...more

Bass, Berry & Sims PLC

Final Rule Makes Host of Changes to SBA Regulations

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On April 27, the Small Business Administration (SBA) issued a final rule which, effective May 30, will make a number of changes to the SBA regulations impacting small businesses. The regulations, finalizing the proposed rule...more

Sheppard Mullin Richter & Hampton LLP

Buying or Selling a Small Business Government Contractor? Draft the Letter of Intent Carefully to Avoid Immediate Affiliation

Buying a small business government contractor may not be as simple as a standard acquisition. This is particularly true if the small business wants to continue to qualify for federal small business set-aside and sole-source...more

Goodwin

New Federal M&A Broker Exemption is a Big Deal!

Goodwin on

On December 29, 2022, President Biden signed H.R.2617, codifying a federal exemption from SEC registration for small business M&A brokers as new Exchange Act Section 15(b)(13). Limitations exist, as does the requirement to...more

Fenwick & West LLP

[Webinar] The Small Business Innovation Research Program: Legal Overview for In-house Counsel - January 5th, 1:00 pm PT

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This CLE will help in-house counsel understand the key legal issues for managing risk with already awarded SBIR grants and contracts. Whether your company just won a Phase I SBIR contract with the DoD or if your company has...more

Ankura

Ankura CTIX FLASH Update - November 2022

Ankura on

Two New Reports Published on the LODEINFO Malware Targeting Japanese Organizations - Kaspersky researchers have recently published two (2) reports on their observations of APT10, the Chinese Cicada hacking group abusing...more

PilieroMazza PLLC

OHA Confirms M&A-Related Recertification Won’t Impact Contractor’s Eligibility Under Pre-Existing Contracts

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For small businesses, navigating the recertification rules promulgated by the Small Business Administration (SBA) is no easy task. SBA rules generally provide that the size of a concern is determined at the date of its...more

Poyner Spruill LLP

Potential Impacts on Financial Services Providers of New Biden “Promoting Competition” Order

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On July 9, 2021, President Joe Biden signed a sweeping document titled “Executive Order on Promoting Competition in the American Economy.” The President’s stated intentions are to implement a “whole-of-government effort”...more

PilieroMazza PLLC

Strategic Growth Paths of Top Small Business Government Contractors

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Government contractors face so many day-to-day challenges that they rarely have time to think about big strategic goals and how to get there. For any owner thinking about selling in the next five years and any owner who would...more

PilieroMazza PLLC

[Webinar] Strategic Growth Paths of Top Small Business Government Contractors - June 24th, 10:00 am - 11:00 am ET

PilieroMazza PLLC on

Government contractors face so many day-to-day challenges that they rarely have time to think about big strategic goals and how to get there. For any owner thinking about selling in the next five years and any owner who would...more

PilieroMazza PLLC

Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and Advisors

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Historically, buyers in M&A transactions have discounted the value of a government contractor with significant revenue from small business set-aside contracts, including contracts for service-disabled veteran-owned, 8(a),...more

PilieroMazza PLLC

[Webinar] Exit Strategies for GOVCONs with Set Aside Contracts: 2021 Insights and Lessons Learned from Business Owners and...

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Historically, buyers in M&A transactions have discounted the value of a government contractor with significant revenue from small business set-aside contracts, including contracts for service-disabled veteran-owned, 8(a),...more

Holland & Knight LLP

Significant U.S. Small Business Administration Regulatory Changes Take Effect November 16, 2020

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The U.S. Small Business Administration (SBA) issued a final rule on Oct. 16, 2020, consolidating its Mentor-Protégé programs and making several potentially significant changes to other aspects of SBA's government contracting...more

Parker Poe Adams & Bernstein LLP

SBA Releases Long-Awaited Guidance on M&A Rules for Paycheck Protection Program Borrowers

The Small Business Administration (SBA) recently released a procedural notice concerning when a borrower of a Paycheck Protection Program (PPP) loan may forgo SBA approval in connection with a merger or acquisition. The...more

Amundsen Davis LLC

M&A Transactions Involving PPP Loans: Important Guidance From The SBA

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On October 2, 2020, the Small Business Administration (SBA) issued Procedural Notice No. 5000-20057 addressing procedures applicable to a “change of ownership” of a borrower who has received a loan under the Paycheck...more

Goodwin

SEC Charges Trust Company With Operating Unregistered Investment Companies

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SEC Charges Trust Company with Operating Unregistered Investment Companies and Failing to Register Securities Offerings. On September 30, the Securities and Exchange Commission (SEC) announced it had settled charges with...more

Partridge Snow & Hahn LLP

SBA Issues Guidance on Treatment of PPP Loans in Mergers and Acquisitions

On October 2, 2020, the SBA issued guidance under a procedural notice (the “Notice”) providing information concerning the required procedures for changes of ownership of an entity that has received a Payroll Protection...more

Rothwell, Figg, Ernst & Manbeck, P.C.

SBIR Policy Directive Update Preserves Government Contracting Benefits in Acquisition

The policy directive for the Small Business Innovation Research and Small Business Technology Transfer programs (collectively, “SBIR”) will be updated, effective October 1, 2020, to ensure that SBIR contracting benefits for...more

PilieroMazza PLLC

Weekly Update Newsletter - September 2020 #3

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GOVERNMENT CONTRACTS - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables - Our three-part series on government...more

McDermott Will & Emery

[Webinar] Navigating PPP Loan Forgiveness (Part 2) - August 20th, 3:00 pm - 4:00 pm EDT

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Join McDermott and BDO on Thursday, August 20 to hear about the latest updates concerning the Paycheck Protection Program (PPP). Our multi-disciplinary panel will cover the most pressing issues as of August 2020, including: ...more

Womble Bond Dickinson

M&A Transactions & PPP Eligibility and Forgiveness Considerations

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We are now a good three months into the chaos brought about by COVID-19 and while many middle- and lower-middle market deals have been put on hold or even died, some M&A activity has continued unabated. That said, the deals...more

Skadden, Arps, Slate, Meagher & Flom LLP

CARES Act Provides Much-Needed Stimulus for U.S. Businesses, Individuals

On March 27, 2020, Congress approved the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to provide financial assistance to individuals and businesses, which in aggregate greatly exceeds the financial package...more

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