Entrepreneurship is currently on the rise, largely driven by individuals who either are seeking to become their own boss or have decided to turn a passion into a full-fledged business. But how many of these small business owners have taken steps to protect the future of their businesses or have considered the legacy of their businesses after they die or retire? How many of them have included buy-sell agreements in their estate and business succession plans? When approached by business owners who wish to execute an estate plan, it is imperative that estate planning attorneys help these business owners take the necessary steps to protect the future of their businesses by ensuring that a well-drafted buy-sell agreement is a component of their plans. 

On October 8, 2020, the Small Business Administration (SBA) and the Department of the Treasury (Treasury) issued a new simplified two-page Form 3508S application, instructions for borrowers, and accompanying guidance aimed at benefiting small business owners who obtained Paycheck Protection Program (PPP) loans of $50,000 or less. Borrowers and their affiliates that received loans of $2 million or more may not use Form 3508S. The new application and guidance, effective October 14, 2020, provide much-anticipated relief for eligible borrowers, including forgiveness reduction exemptions and fewer reporting requirements. The Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, legislation proposed by the Senate in July, would have provided automatic forgiveness (upon attestation of a good faith effort to comply with PPP requirements) to borrowers receiving $150,000 or less in PPP funds.

From new SECURE Act guidance to the invalidation of a forum selection clause by a California court, we have seen some significant developments in estate planning and business law over the past month. To ensure that you stay abreast of these legal changes, we have highlighted some noteworthy developments and analyzed how they may impact your estate planning and business law practice.