The Securities and Exchange Commission is conducting a sweep ofpublic companies that have received funds from loans under the Paycheck Protection Program.
|"I believe there's a sweep from enforcement seeking informationfrom public companies about their receipt of PPP funds," IvanKnauer, partner at Snell & Wilmer LLP in Washington, toldBenefitsPRO's sister publication ThinkAdvisor Thursday.
|The agency's enforcement division in Washington is makingvoluntary inquiries regarding information that would demonstratequalifications to receive a PPP loan, including the impact ofCOVID-19 on the business, among other relateddocument and information requests, according to a person who hasseen a letter the SEC sent regarding its probe.
|The letter is entitled, in the "Matter of Certain PaycheckProtection Program Loan Recipients."
|The SEC declined to comment.
|Knauer said advisors that have applied for and receivedPPP funds should "not be surprised if OCIE examinersraised questions about this during their next examination. But asof now, it appears the inquiry by the enforcement division isfocused on public companies."
|The agency's Investment Management Division said in recently updated FAQ guidance thatregistered investment advisors taking PPP loans must disclose suchinformation on their Form ADVs if the circumstances leading thefirm to seek the loan or other type of financial assistance"constitute material facts relating to your advisory relationshipwith clients."
|What exactly the SEC means by "material" was unclear, butadvisors should err on the side of disclosure, two experts whoeducate advisors and clients on PPP loans said.
|In an update to its COVID-19 frequently asked questionsguidance, the IM stated in Question II.4 that RIAs "should providedisclosure of, for example, the nature, amounts and effects of suchassistance" as securing a PPP loan.
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