Senator Kirsten Gillibrand's office issued the following:
March 27, 2020
Following Push, Democrats Secure Expanded Eligibility for ESOP Access to Relief Loans In Phase III Coronavirus Emergency Package
U.S.
Senator Kirsten Gillibrand called on the Small Business Administration
(SBA) to aid small businesses with Employee Stock Ownership Plans (referred to as ESOPs)
by expanding their eligibility for receiving SBA relief loans in the
wake of the COVID-19 crisis. Small businesses across the country are
struggling to respond to the COVID-19 crisis that has required many to
cut back services or close their doors. Now, due to their unique
ownership structure, ESOPs are
having difficulty applying and receiving relief loans. In a letter,
Senator Gillibrand urged the SBA to facilitate access to loans through
the Preferred Lending Program and eliminate the investor equity
injection requirement for ESOP loans.
“As the country braces for the full
impact of COVID-19, ESOPs may not be able to survive this disaster if
they are unable to receive federal aid,” said Senator Gillibrand. “Small
businesses need urgent assistance to prepare and respond to the
economic crisis caused by this pandemic. In this critical time, I urge
the SBA to facilitate access to relief loans and eliminate lending delays and eligibility restrictions for ESOPs.”
Following Gillibrand’s push, Democrats
secured expanded eligibility for access to Economic Injury Disaster
Loans (EIDL) to include ESOPs, Tribal businesses, and cooperatives in The CARES Act (Sec. 1110), phase three of the coronavirus emergency package.
March 22, 2020
The Honorable Jovita Carranza
Administrator
Small Business Administration
409 3rd Street SW
Washington, DC 20416
Dear Ms. Carranza,
I write to firstly to express my gratitude at
the important work the Small Business Administration is doing to help
our local businesses impacted during the COVID-19 health crisis, but to
also ensure all small businesses are able to benefit from this relief.
Small businesses who have Employee Stock Ownership Plans (ESOP) are
finding it difficult to access loans from the SBA, especially during
this time of economic downturn, as they are required to apply to the
central SBA instead of through the Preferred Lending Program (PLP). This
causes major delays in lending, instead of the more streamlined PLP.
After passage of the FY19 National Defense Authorization Act, it was our
intention that these businesses would be eligible for the SBA 7(a)
programs even though their unique ownership structure makes it
impossible to have a single 10% equity injection for these loans.
As the country braces for the full impact
COVID-19 will have on our future, ESOPs may not be able to survive this
disaster if they are unable to receive federal aid. I am asking today
for your urgent assistance as our nation's small businesses prepare to
respond to the coming economic crisis that will unfold from the COVID-19
pandemic. Small businesses will be better equipped to withstand the
economic downturn by:
- Making ESOP loans through the SBA 7(a) program immediately available through the Preferred Lending Program; and,
- Eliminating the 10% investor equity injection requirement for ESOP loans.
These measures can help keep our businesses afloat as their income declines due to a reduction in customers or forced closures.
I urge you to consider all small
businesses, traditionally operated or ESOP, as you begin economic
stimulus measures to cushion the effects of COVID-19 on our economy.
Sincerely,
