Franchise FAQ

can a franchise apply for ppp

by Nikolas Goldner Published 1 year ago Updated 1 year ago
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Under the CARES Act, individual owners of franchise businesses can apply for Paycheck Protection Program (PPP) loans due to the waiver of so-called “affiliate rules” for franchises. Hotels and restaurants are allowed to apply on a per-location basis.

Can a franchisee apply for a PPP loan?

If a franchise brand is listed on the SBA Franchise Directory, each of its franchisees that meets the applicable size standard can apply for a PPP loan. Franchisors do not apply on behalf of each of its franchisees.

Why is a franchised business not aggregated under the PPP?

Under the PPP, a franchised business will not be aggregated if the franchise program has been assigned a franchise identifier code by the SBA (i.e., the franchise system is listed on the SBA Franchise Directory).

Can franchisees apply for Paycheck Protection Program Loans?

Under the CARES Act, franchise businesses can apply for Paycheck Protection Program (PPP) loans on a per-location basis.

What can disqualify a franchisor from obtaining relief under the PPP?

As a result, franchisors and franchisees may be disqualified from obtaining relief under the PPP, or the franchisors and franchisees may face delays in the application process as a result of having to challenge the affiliation determination if the franchised business is not listed on the SBA Franchise Directory.

How many franchise owners have received PPP?

How does a franchise work?

Can a franchisee take a PPP loan?

Is a franchise a minority business?

Is Starbucks a PPP company?

Can franchises make payroll without funding?

Does IFA have a PPP loan?

See 4 more

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What types of businesses are ineligible for PPP?

the business has permanently closed; the business or the owner is a debtor in a bankruptcy proceeding, either at the time it submits the application or at any time before the loan is disbursed (see Form 2483).

What qualifies a business for PPP?

All Small Businesses Eligible Small businesses with 500 or fewer employees—including nonprofits, veterans organizations, tribal concerns, self-employed individuals, sole proprietorships, and independent contractors— are eligible. Businesses with more than 500 employees are eligible in certain industries.

Can LLC Apply for PPP?

If you are an LLC with multiple members, you'll be applying for the PPP as a partnership (unless you've filed Form 2553 to the IRS, in which case you'll be filing as an S corp). Previously, partnerships were only eligible to apply for a PPP loan to cover payroll expenses.

Can affiliated companies apply for PPP?

The U.S. Small Business Administration's (the U.S. SBA) PPP loans are generally only available to businesses with fewer than 500 employees. In calculating the number of employees to meet this employee limit, a business must include the employees of any companies that it is “affiliated” with under the U.S. SBA's rules.

Is PPP Back Open 2022?

Unfortunately, PPP loans in 2022 aren't happening –– eligibility for the program ended in May 2021 and there are no signs of it coming back. There are other options for securing small business funding besides PPP loans. Read on to learn about your options for how to get the funding you need.

Can I get PPP loan without a business?

Getting a PPP loan without a business You don't have to have an LLC designation or a registered business to qualify for PPP loans. Sole proprietors, freelancers, and independent contractors can apply for PPP funding.

Who is not eligible for a PPP loan forgiveness?

60/40 PPP Loan Forgiveness Requirement The 60/40 rule states that 60% of your loan must be spent on eligible payroll costs. Any other non-payroll expenses that exceed 40% of your loan will not be eligible for forgiveness.

Do self-employed qualify for PPP?

While they usually have no employees, the self-employed, freelancers, sole proprietors, and independent contractors are still eligible for PPP loans and loan forgiveness.

Do PPP loans have to be paid back?

PPP loans (the full principal amount and any accrued interest) may be fully forgiven, meaning they do not have to be repaid. If you do not apply for forgiveness, you will have to repay the loan.

What does the SBA consider an affiliate?

Affiliation is determined by the ability to control. When the ability to control exists, even if it is not exercised, affiliation exists.

Are PPP loans public record?

The PPP is an emergency loan program administered by the Small Business Administration. Historically, information on all loans issued by the SBA is publicly available information and subject to release under the Freedom of Information Act.

How many PPP loans can you get?

There is a limit of one PPP loan per tax ID.

Does a new business qualify for PPP?

First-time PPP borrowers from the following groups are eligible to apply: Small businesses or nonprofit organizations with 500 or fewer employees that qualify for other SBA 7(a) loans.

Who is eligible for Round 3 PPP?

PPP Round 3 applies to businesses with 500 or fewer employees, or if you're getting a second draw loan, 300 or fewer. They also apply to businesses that are categorized as being “Accommodation or Food Services” and have 500 or fewer employees per location (300 if you need a second draw loan).

What can small businesses use the PPP loan for?

First Draw PPP loans can be used to help fund payroll costs, including benefits, and may also be used to pay for mortgage interest, rent, utilities, worker protection costs related to COVID-19, uninsured property damage costs caused by looting or vandalism during 2020, and certain supplier costs and expenses for ...

Is PPP still available 2022?

Notice: The Paycheck Protection Program (PPP) ended on May 31, 2021. Existing borrowers may be eligible for PPP loan forgiveness. SBA also offers additional COVID-19 relief.

SBA Paycheck Protection Program Data Lookup - FederalPay

Under open government transparency guidelines, information on recipients of the $793B in forgivable government loans issued through the 2020 Paycheck Protection Program by the US Small Business Administration (SBA) are a matter of public record.FederalPay.org has created a powerful search tool that allows public access to the PPP loan database.

SBA Franchise Directory

This list is made available for use by Lenders/CDCs in evaluating the eligibility of a small business that operates under an agreement.

Small Business Administration

We support America's small businesses. The SBA connects entrepreneurs with lenders and funding to help them plan, start and grow their business.

Small Business Administration | USAGov

The Small Business Administration helps Americans start, build and grow businesses. Through an extensive network of field offices and partnerships, the Small Business Administration assists and protects the interests of small business concerns.

What Is A Small Business? - United States Department of State

To be a small business, vendors must adhere to industry size standards established by the U.S. Small Business Administration (SBA) . When small firms register as a government contractor in the System for Award Management (SAM) , they also self-certify their business as small. The SBA, for most industries, defines a “small business” either in terms of the […]

Is a franchise a minority business?

No, in fact the vast majority are small business owners in every sense. According to industry research firm FRANdata, 75% of all franchise owners have fewer than 20 employees. Franchising is also more diverse than non-franchise businesses: according to U.S. Census data, nearly 30% of franchises are minority-owned, compared to 18% of non-franchised businesses.

Can franchises apply for PPP?

That allows for independently-owned and operated franchises to apply for PPP loans; without it, these independently-owned franchise businesses who operate under the same “affiliated” brand wouldn’t be eligible since only one business in the franchise system could apply. As with all PPP loans, loans going to franchise businesses require 60% ...

Can a franchisee take a PPP loan?

Since the corporate business is a separate business from its franchisees, the corporate office may be eligible for a PPP loan to ensure that corporate office employees can remain on payroll. Some franchise brands can take loans on behalf of locations they operate directly.

Is Starbucks a PPP company?

No. Some chains, like Shake Shack and Starbucks, are wholly corporately owned. When a corporate chain applies for a PPP loan by location, all the loan funding goes to the corporate entity.

Is 90% of franchise money local?

No, this could not be further from the economic truth. 90% of the money generated by franchises stays local, where it is locally shared, locally invested, and leads to growth in the community. Most franchise agreements are structured so that the individual business owner pays an upfront initial franchise fee, and then a small percentage of royalties to the franchise brand annually throughout the life of their contract. The idea that corporate HQ's just "siphon" money - including PPP money - away from individual franchise owners and local communities is preposterous and simply not true.

What is the PPP increase?

On April 23, 2020, the House passed the Paycheck Protection Program Increase Act of 2020 after the Senate unanimously passed the legislation on April 21. The new act adds an additional $310 billion to fund the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief and Economic Security Act (CARES Act). President Trump has committed to signing the act into law. The act sets aside $60 billion for community-based and smaller lenders to assist smaller businesses that were unable to access PPP funds during the first round of loans.

Why did the PPP run out of funds?

Because of overwhelming demand from businesses applying for loans through the PPP since the program’s April 3, 2020 launch, last week the PPP ran out of funds. This prompted Congress to develop a plan to replenish the funds to continue the program.

How do I apply?

Businesses may apply for the PPP through any existing SBA 7 (a) lender or other participating financial institution from now until June 30, 2020, but the SBA has warned in its Interim Final Rule on the PPP that the loans are first-come, first-served. As recent events have demonstrated, funds are being allocated very quickly. The PPP Borrower Application Form is available here.

What happens if a franchise is not listed on the SBA Franchise Directory?

If a franchised business is not listed on the SBA Franchise Directory, the SBA’s affiliation rules will apply to determine whether the franchised business will be aggregated for purposes of determining PPP eligibility. If affiliation is found within a franchise system, the businesses will be aggregated. As a result, franchisors and franchisees may be disqualified from obtaining relief under the PPP, or the franchisors and franchisees may face delays in the application process as a result of having to challenge the affiliation determination if the franchised business is not listed on the SBA Franchise Directory.

How to list on SBA franchise directory?

Listing on the SBA Franchise Directory under the traditional category is obtained through an application by the franchisor. The franchisor must typically submit its franchise agreement and FDD. In lieu of submitting its franchise agreement, the franchisor may agree to use a form SBA addendum to the franchise agreement, which removes the disqualifying control provisions from the franchise agreement, to bypass the affiliation determination and be added to the SBA Franchise Directory. Alternatively, the franchisor may negotiate the terms of an addendum with the SBA, removing the disqualifying franchise agreement provisions.

What are the two categories of SBA franchises?

There are now two separate categories on the SBA Franchise Directory: 1) the traditional category, applicable to SBA 7 (a) loans and PPP loans; and 2) the new category, applicable solely to PPP loans.

What is an affiliate test?

Traditionally, the SBA has used an “affiliation” test to assess whether a business’s affiliates will be considered part of the same entity in order to determine eligibility for SBA-administered loan programs (i.e., whether the entity is a small business concern or, in this case, has more than 500 employees). According to the SBA, “affiliation exists when one business controls or has the power to control both businesses. Control may arise through ownership, management, or other relationships or interactions between the parties.”

What is a franchise?

A: Franchising is an arrangement where a name brand company grants a local entrepreneur the right to use its business name, trademarks, and processes to produce and market a good or service. The business owner usually pays a one-time fee and a percentage of sales revenue as royalty. Typically, the brand provides national advertising and support, while the independent owner is responsible for day-to-day operations of the business, including hiring and scheduling employees.

Is a franchise a minority business?

A: No, in fact the vast majority are small business owners in every sense. According to industry research firm FRANdata, 75% of all franchise owners have fewer than 20 employees. Franchising is also more diverse than non-franchise businesses: according to U.S. Census data, nearly 30% of franchises are minority-owned, compared to 18% of non-franchised businesses.

Do franchises get PPP?

A: No. The International Franchise Association conducted a survey of its membership and found that only 11% of franchise owners have received PPP funding. These are small businesses that are trying to keep their employees on payroll but cannot do so because they do not have funding and do not have customers to bring in revenue.

Can a franchise business apply for PPP?

A: Under the CARES Act, franchise businesses can apply for Paycheck Protection Program (PPP) loans on a per-location basis. That allows for independently-owned and operated franchises to apply for PPP loans; without it, these independently-owned franchise businesses who operate under the same brand wouldn’t be eligible since only one business in the Franchise system could apply. As with all PPP loans, loans going to franchise businesses require 75% of the loan amount to be spent on employee payroll.

Does IFA have a PPP loan?

A: Yes, IFA’s goals for the PPP loan program are outlined in this letter from the Economic Innovation Group. They are focused on increasing access and effectives for businesses who need PPP loans.

What are the rules for PPP?

On April 14, 2020, the SBA issued additional Interim Rules, which confirm and clarify eligibility of the following: 1 Businesses who have certain directors or certain equity holders that sit on the board of directors of PPP Lenders; and 2 Businesses that receive legal gaming revenues.

How many loans are guaranteed under PPP?

The Small Business Administration ("SBA") has guaranteed over one million loans under the Paycheck Protection Program ("PPP") through April 13, 2020. Over 4,600 lenders throughout the U.S. have been tasked with serving as conduits for distributing $350 billion in federal loan funds made available for the PPP, with 85% of those funds having already ...

What information is required for a PPP loan?

Lenders are required to collect owner name, title, ownership percentage, TIN/SSN, and address for each owner of 20% ownership stake in any applicant for a PPP loan. If a PPP loan is being made to a new customer, the lender's collection of such information will satisfy the BSA and FinCEN regulations regarding collection of beneficial ownership information. If any ownership interest of 20% or greater in the applicant business belongs to a business or other legal entity, lenders must collect appropriate beneficial ownership information for that entity as well.

Can a franchisee apply for a PPP loan?

If a franchise brand is listed on the SBA Franchise Directory, each of its franchisees that meets the applicable size standard can apply for a PPP loan. Franchisors do not apply on behalf of each of its franchisees. The $10 million cap is a limit per franchisee, and each franchisee is limited to one PPP loan.

Who has a responsibility to collect information and certifications contained in the Borrower Application Form?

Lenders have a responsibility to collect the information and certifications contained in the Borrower Application Form, and must have fulfilled its obligations set forth in the PPP Interim Final Rule before submitting a PPP loan application to SBA through E-Tran.

Do you need a written statement for a PPP loan?

However, for PPP loans, no such written statement is required.

When will the SBA start taking PPP loans?

On April 3, 2020, banks commenced taking applications for the Small Business Administration’s (“SBA”), Paycheck Protection Program (the “PPP”) loans, as provided in the Coronavirus Aid, Relief, and Economic Security Act aka the CARES Act . At the highest level, the PPP allows eligible businesses to borrow up to 2.5x average monthly payroll costs from the last year, subject to a $10 million cap.

Why is the SBA's PPP determination important?

Affiliation determinations are significant under the PPP because the applicant and each “affiliate” is viewed as one business for purposes of calculating the number of employees.

When are entities affiliates?

Under the SBA’s PPP guidance, entities are affiliates when one controls or has the power to control the other, or a third party has the power to control both. It does not matter if control is exercised, just that it may be exercised.

Can a franchise business get a PPP loan?

Under the guidance, a franchised business is eligible for a PPP loan, but if the franchise system has over 500 employees and the franchisor is not listed on the Registry, it is possible the SBA may apply the affiliation rules. At this point, it is not certain.

When can independent contractors apply for PPP?

While the PPP regulations clearly state that businesses cannot include independent contractors in their payroll calculations, it also states that independent contractors can apply separately for their own PPP loans starting on April 10, 2020.

When does the PPP run out?

The window to apply for the PPP closes either when the $349 billion runs out (on a first-come-first-served basis) or on June 30, 2020 —whichever happens first.

What is the SBA form for PPP?

Generally, applicants must initially submit a completed SBA Form 2483 (Paycheck Protection Program Application Form) and payroll and other documentation to a PPP lender. The lender may require additional documentation as it deems necessary.

How much is the PPP loan cap?

The $10 million cap on PPP loans is a limit per franchisee entity, and each franchisee is limited to one PPP loan. Franchise brands that have been denied listing on the Directory because of affiliation between franchisor and franchisee may request listing to receive PPP loans.

When can EIDL be added to PPP?

If there is an outstanding amount of an Economic Injury Disaster Loan (EIDL) made between January 31, 2020, and April 3 , 2020, that amount can be added to the PPP loan amount request, less the amount of any loan advance received.

Does the SBA waive collateral requirements for PPP loans?

Does an applicant need to have tried and been unsuccessful in obtaining credit elsewhere? No. The SBA has waived the traditional requirement that an applicant has been unsuccessful in obtaining credit elsewhere.

How many franchise owners have received PPP?

The International Franchise Association conducted a survey of its membership and found that only 11% of franchise owners have received PPP funding. These are small businesses that are trying to keep their employees on payroll but cannot do so because they do not have funding and do not have customers to bring in revenue.

How does a franchise work?

How Does Franchising Work? Franchising is an arrangement where a name brand company grants a local entrepreneur the right to use its business name, trademarks, and processes to produce and market a good or service. The business owner usually pays a one-time fee and a percentage of sales revenue as royalty. Typically, the brand provides national ...

Can a franchisee take a PPP loan?

Since the corporate business is a separate business than its franchisees, the corporate office may be eligible for a PPP loan to ensure that corporate office employees can remain on payroll. Some franchise brands can take loans on behalf of locations they operate directly. Additionally, this funding is regularly used to provide royalty relief or other assistance to franchises so that franchise employees can also remain on payroll.

Is a franchise a minority business?

No, in fact the vast majority are small business owners in every sense. According to industry research firm FRANdata, 75% of all franchise owners have fewer than 20 employees. Franchising is also more diverse than non-franchise businesses: according to U.S. Census data, nearly 30% of franchises are minority-owned, compared to 18% of non-franchised businesses.

Is Starbucks a PPP company?

No. Some chains, like Shake Shack and Starbucks, are wholly corporately owned. When a corporate chain applies for a PPP loan by location, all the loan funding goes to the corporate entity.

Can franchises make payroll without funding?

Additionally, the survey results show that many of those who have had their loans approved are still waiting for their funding. Without these funds, many franchise businesses will be unable to make payroll and pay other business expenses, like rent and utilities.

Does IFA have a PPP loan?

Yes, IFA’s goals for the PPP loan program are outlined in this letter from the Economic Innovation Group. They are focused on increasing access and effectives for businesses who need PPP loans.

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