On March 25, 2020, the United States Senate passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) by a vote of 96-0. This federal stimulus bill appropriates $349 billion in loans to small businesses through the newly created Paycheck Protection Program under amendments to Section 7(a) of the Small Business Act (SBA).  The House of Representatives passed the CARES Act on Friday, March 27, 2020, and President Trump signed it immediately upon House passage.  Fishman Haygood has prepared this helpful summary that focuses primarily on the assistance to small businesses provided by the Paycheck Protection Program and tax relief and incentives under the CARES Act.

Many business owners are asking whether the circumstances surrounding COVID-19 constitute a force majeure event that may provide an excuse from performance of certain contractual obligations.  As Charles Landry recently told the Baton Rouge Business Report, there is no one-size-fits-all answer, business owners “have to look at their contracts and the specific force majeure language to see if this event is covered.”  Learn more here.

In an effort to curtail the community spread of COVD-19, on March 22, 2020, Governor John Bel Edwards issued a “stay-at-home” order, requiring Louisiana residents to shelter in place until April 13, 2020, unless the order is terminated sooner.  Many Louisiana business owners have questions as to whether their businesses can stay open while the order remains in effect.  Businesses that provide “essential services” may remain open.  Businesses that do not provide “essential services” but have not specifically been ordered to close may remain open, but a 10-person limitation on “gathering size” applies.  These non-essential businesses may operate with a skeleton crew of fewer than ten people, with minimum contact with the public, and must engage in proper social distancing.  Learn more here.

As more investors eye lucrative investment opportunities in Qualified Opportunity Zones, the SEC and state regulators will be monitoring securities activities associated with the program. Maureen Gershanik advises that, at the federal level, careful compliance with these four areas of securities regulations will help avoid costly violations that could delay or even prevent a transaction: Securities Offering Regulation, Broker-Dealer Regulation, Investment Adviser Regulation, and Investment Company Act Regulation.  Learn more in Maureen’s article that was recently published by the ABA Probate & Property Magazine.

The Community Development Financial Institutions (CDFI) Fund today announced the opening of the calendar year 2019 allocation round of the federal new markets tax credit (NMTC). Applications are due October 28, 2019. The CDFI Fund anticipates announcing 2019 NMTC awards in summer 2020. The CDFI Fund provides resources including an introduction to the NMTC program, the NMTC program application, the Notice of Allocation Availability (NOAA), an Awards Management Information System navigation guide, an application FAQ and an application roadmap presentation here.

The Opportunity Zones (“OZ”) tax incentive allows taxpayers to defer until 2026 taxes on capital gains if those profits are reinvested in opportunity funds–which are equity funds that invest in businesses in opportunity zones.  Read more about Opportunity Zones here.  If you have questions about Opportunity Zones, contact Charles Landry.