Client Alerts

In 2017, North Carolina enacted the new Assumed Business Name Act (the “Act”). Our prior article about the Act can be found here. While the Act largely went into effect with little fanfare, this year has significant consequences to businesses operating under an assumed name. As a result of the Act, any business that is currently operating under an assumed name must re-file a new Certificate of Assumed Business Name on or before December 1, 2022. After this date, all existing (i.e. those f ...
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As you know, Congress has been considering tax reform over the last several months. Until recently, it was unclear whether any of the wide-ranging proposals would gain enough traction to become law. Last week, however, the House Ways and Means Committee released a much-publicized tax bill (the "Bill") that, if enacted, would drastically alter current Federal estate and gift tax laws and eliminate the use of certain common estate planning strategies. Background. While the Bill is just a propos ...
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In the past, the amount that a person could transfer exempt from the estate tax at his or her death was fairly steady for many years. Starting around 2002, the exemption started increasing at a faster rate, going to $5 million in 2011 and then doubling in 2018. The exemption amount currently sits at $11.58 million per person and is slated to go to $11.7 million in 2021. The exemption has never been reduced in the history of the tax, although we came close a couple of times (remember the “fi ...
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On July 1, 2020 Governor Cooper signed into law the North Carolina Commercial Receivership Act (the “Act”), Session Law 2020-75, which creates a new Chapter 38A of the General Statutes.  The Act becomes effective January 1, 2021 and applies to receiverships commenced under the Act on or after that date. The Act creates a new statutory remedy for those persons that are eligible to be debtors under the Act and does not replace any other provisions of statutory law or principles of common law ...
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Please see our previous client alerts regarding PPP loans here and here. There have been a number of recent updates regarding the Paycheck Protection Program (“PPP”).  On June 5, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”), which enacted important changes to the program designed to make the Act more accommodating for borrowers.  In addition, the Small Business Administration (“SBA”) has also released the forgiveness applicati ...
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The Small Business Administration (SBA) has just released new guidance on how it will review the good faith certification that all Paycheck Protection Program (PPP) borrowers must make when they submit their applications for PPP loans.  Under the PPP, all borrowers must certify in good faith that “[c]urrent economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.”  The SBA previously threatened audits and potential civil and criminal penalt ...
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This client alert contains guidance that has recently been updated.  Click here to read the most recent guidance.  The Small Business Administration’s (SBA) Paycheck Protection Program (PPP) was launched on April 3, 2020, and the initial round of funding was exhausted on April 16, with more than 1.6 million small businesses receiving approval for loans totaling over $342 billion.  According to the SBA, the average loan size is $206,000.  Although the vast majority of loans were under $1 ...
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