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Any statements contained herein do not constitute a formal legal opinion and should not be relied upon as such. These articles are intended for general informational purposes only. Nothing expressed shall be grounds for the creation of an attorney-client relationship. Our attorneys can give legal advice only in the context of an attorney-client relationship after a conflict check, the execution of a representation agreement and a discussion of the specific information and unique issues of your particular circumstances.
DAILY UPDATE ON PAYCHECK PROTECTION PROGRAM LOANS
As of April 29th: Mnuchin threatens audit of Paycheck Protection Program (PPP) recipients Index Current Update SBA Guidance Lender List First Round Scorecard Prior Updates UPDATE: On April 29th, Treasury threatens audits of PPP…
GOVERNOR COOPER'S PHASES
On April 23rd, Governor Cooper announced that the Stay at Home order would be extended from April 29 to May 8th. (E.O. 135) In addition, the Governor announced the process for re-opening the state. Phase One begins as the state is willing to begin lifting restrictions.
FIRST ROUND OF PAYCHECK PROTECTION PROGRAM LOANS
Information from the First Round of Paycheck Protection Loans Banks lending at end of First Round We have marked the smaller lending institutions below with an § if they have assets less than $10 billion and §§ if they have between $10 billion and $50 billion in…
BUNCOMBE ISSUES STAY AT HOME UPDATED ORDER (APRIL 8TH)
Buncombe County issued an updated Stay at Home Order (also called the Superseding Declaration), effective April 9, 2020 at 6:00AM. (HERE) The County also issued Guidance. (HERE) Where does the Order apply? Throughout Buncombe County, including within the municipal limits…
CARES ACT (PART 1): PAYCHECK PROTECTION PROGRAM UPDATED
On March 27, 2020, the ‘‘Coronavirus Aid, Relief, and Economic Security Act’’ or the ‘‘CARES Act’’ (link) become law. The law is over 800 pages long and carries a price tag of $2 trillion. This stimulus package contains provisions for a small business loan package…
ANNUAL REPORT DEADLINE REMAINS UNCHANGED IN THE WAKE OF COVID-19
On behalf of our firm, we would like to remind our business clients that COVID-19 has not affected the deadline for filing Annual Reports with the Secretary of State, which is originally, and remains to be, April 15, 2020. Furthermore, this deadline may apply to the following additional North…
CARES ACT (PART 5): ASSISTANCE FOR EXISTING SBA 7(A) BORROWERS
The CARES Act (PL 116-136) contains several provisions to assist existing SBA 7(a) borrowers. - The CARES Act relieves borrowers of any obligation to pay the principal, interest, and associated fees owed on a 7(a) loan in regular servicing status for 6 months; - The time period…
RESIDENTIAL RELOCATION UNDER NORTH CAROLINA’S STAY AT HOME ORDER
The question has been raised whether persons are allowed to relocate their primary residences during this crisis. It is important to consider both the letter and the spirit of the orders. On March 27, 2020, Governor Roy Cooper issued a Stay at Home Order for the entire State of North…
CARES ACT (PART 3): RENT, MORTGAGES AND LANDLORDS
The CARES Act (PL 116-136) contains several provisions related to rent, mortgages and landlords to attempt to protect renters, landlords, and mortgages. These protections are in the form of forbearances. Forbearance: a temporary postponement of payments. It is a form of…
CARES ACT (PART 2): HOW DO THE NEW PAYCHECK PROTECTION LOANS AFFECT CURRENT ECONOMIC INJURY DISASTER LOANS (EIDLS)?
In the interplay of New Paycheck Protection Loans created by the CARES Act in a new section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) and Economic Injury Disaster Loans (EIDLs), which is codified at section 7(b)(2) of the Small Business Act…
IS CONSTRUCTION ESSENTIAL UNDER STAY AT HOME ORDERS?
With the entire State of North Carolina entering a Stay at Home Order, only Essential Business will continue. Is Construction Essential? On March 27, 2020, Governor Roy Cooper issued a Stay at Home Order for the entire State of North Carolina (Executive Order No. 121, “State Order”…
NORTH CAROLINA'S STAY AT HOME ORDER AFFECTS BUSINESSES ACROSS THE STATE
On March 27, 2020, Governor Roy Cooper issued a Stay at Home Order for the entire State of North Carolina (Executive Order No. 121, “State Order” or “E.O.”) The order takes effect in all 100 counties on March 30, 2020 at 5:00 P.M. for thirty (30) days. It is important to
NEW BELGIUM BREWING RELIEF FUND
We believe in supporting each other in times of crisis. We invite you to COME TOGETHER and support the New Belgium Brewing Bar & Restaurant Relief Fund. This fund will support local food and beverage employees in New Belgium’s hometown markets of…
SMALL BUSINESS RESOURCES
The COVID-19 pandemic has had a dramatic impact on everyone, especially small businesses. ASK Law has been busy guiding its small business clients through the challenges brought on by COVID-19 and we will continue to be here to help with each businesses’ specific challenges and legal…
THE APPLICABILITY OF FORCE MAJEURE CLAUSES TO PANDEMICS: DOES COVID-19 EXCUSE NONPERFORMANCE OF CONTRACTUAL OBLIGATIONS?
The uncertainty surrounding COVID-19 is leaving many members of the business community anxious about the new, unexpected risks that could impact their future. Specifically, the effects of new pandemic-centered regulations and restrictions on contractual relationships with incomplete performance…
EASTERN CHEROKEE RESPONSE TO COVID
Effective March 23rd, 2020, at 12pm, Principal Chief Richard Sneed has closed the Eastern Cherokee reservation and issued a shelter in place order. A week after closing the Casino and placing additional restrictions, the Principal Chief's Order suspended all tribal operations of the EBCI…
SELLING GROWLERS
With the recent order from Governor Cooper mandating that all on-premise sales and consumption of alcoholic beverages cease, we are getting a lot of the same question from our clients; can we still sell growlers for off-premise consumption? Here are the laws and rules regarding the sale of growlers…
ALCOHOL DELIVERY ALLOWED
For clients with NC ABC retail permits and who are considering direct to customer delivery sales, here are the rules as we understand them right now: Holders of retail ABC licenses are allowed to deliver beer and wine under that license. No spirits. Delivery persons are supposed to have gone…
MEETINGS AND PUBLIC HEARINGS UNDER COVID-19
As everyone is aware, the Governor closed restaurants and bars for dine-in service and recommended no mass gatherings of more than 50 people. Many counties have placed more strenuous restrictions. Last week, the UNC School of Government released advice regarding meetings and public…
ASK LAW RESPONSE TO COVID-19
We understand that the most important thing in law is our relationships with our clients. Nothing will change that fundamental foundation that our firm is built on. During these difficult times, we encourage everyone to use best practices to reduce the impact of this virus and to…