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SBA Issues Application Forms for New and "Second-Draw" PPP Loans

Client Alert | 1 min read | 01.11.21

On January 8, 2021, the Small Business Administration (SBA) issued revised Paycheck Protection Program (PPP) Borrower Application forms for new “first-draw” loans and “second-draw” loans for prior PPP borrowers. SBA and the Treasury Department also announced that the PPP will re-open the week of January 11 for new borrowers and certain existing PPP borrowers eligible for second-draw loans. 

Congress has set aside $284 billion for this next round of PPP loans. At the outset, in furtherance of Congress’ expressed intent to provide access to underserved communities, only community financial institutions will be able to make first-draw loans starting on Monday, January 11, and second-draw loans on Wednesday, January 13. The PPP will open to all lenders shortly thereafter. While this new round of loans is theoretically open through March 31, 2021, prospective borrowers are reminded that the initial round of PPP funding in April 2020 dried up quickly.

As discussed in prior alerts, this latest round of PPP funding comes with changes to borrower eligibility requirements (which differ between first and second-draw loans), the use of loans proceeds, loan forgiveness coverage, the loan forgiveness application for loans under $150,000, and more. Borrowers should pay close attention to the new requirements and be prepared to submit supporting documentation in response to a future audit for, among other things, the economic necessity of its new loan request.

Crowell & Moring stands ready to assist with any questions regarding the new loan applications, the eligibility requirements for either first or second-draw loans, the myriad “good faith” certifications required in the applications, or any other questions arising from the application process.

Insights

Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so....