COVID - 19 BUSINESS RESOURCES

As a resource to the Darke County business community, the Darke County Economic Development Office has added this Coronavirus (COVID-19) resource page. 

The DCED is committed to regularly updating this section of our site with relevant and valuable content for area businesses and residents, including information on SBA disaster relief and unemployment. Please check back often to see updates and feel free to share additional info suggestions with us via the email button below.

We believe in Darke County and feel certain that our community will continue to support our fellow businesses, neighbors, friends and families as move through these unsure times together.

We look forward to the continued success of our county and it’s residents.

Sincerely,
Mike Bowers


 

 
 

SBA LOAN INFO

Governor Mike DeWine, Lt. Governor Jon Husted, and Ohio Development Services Agency Director Lydia Mihalik today announced that the U.S. Small Business Administration (SBA) has qualified the State of Ohio for the Economic Injury Disaster Loan program.

As a result, Ohio businesses and non-profits economically impacted by the outbreak of COVID-19 may now apply for a low-interest loan of up to $2 million to help pay for fixed debts, payroll, accounts payable and other bills that can’t be paid because of the disaster’s impact. You can apply for the loan online at https://disasterloan.sba.gov/ela/, which is recommended, or by calling 1-800-659-2955 to have an application mailed to you.

To expedite the application process, applicants should have ready complete copies of their most recent federal income tax return and a completed and signed IRS Form 4506T, which authorizes the release of tax information. Additional information to have available would be a schedule of liabilities, personal financial statement, monthly sales figures, a current year-to-date profit-and-loss statement, and a year-end profit-and-loss statement and balance sheet for that tax year if the most recent federal income tax return has not been filed.

As efforts to combat the outbreak of the COVID-19 virus continue, Governor DeWine and his administration will continue to identify ways to support the state’s small businesses and nonprofits. For the latest and most accurate information regarding the COVID-19 outbreak, please visit Coronavirus.Ohio.Gov or call 1-833-4-ASK-ODH.

 

Our Best,

Ohio Development Services Agency Business Services Division Team

 

FREQUENTLY ASKED QUESTIONS

PAYCHECK PROTECTION PROGRAM LOANS (PPP)

The Small Business Administration (SBA), in consultation with the Department of the Treasury, intends to provide timely additional guidance to address borrower and lender questions concerning the implementation of the Paycheck Protection Program (PPP), established by section 1102 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act or the Act). This document will be updated on a regular basis.
 

Borrowers and lenders may rely on the guidance provided in this document as SBA’s interpretation of the CARES Act and of the Paycheck Protection Program Interim Final Rule (“PPP Interim Final Rule”). The U.S. government will not challenge lender PPP actions that conform to this guidance,1 and to the PPP Interim Final Rule and any subsequent rulemaking in effect at the time.

  1. Question: Paragraph 3.b.iii of the Paycheck Protection Program Interim Final Rule states that lenders must “[c]onfirm the dollar amount of average monthly payroll costs for the preceding calendar year by reviewing the payroll documentation submitted with the borrower’s application.” Does that require that the lender replicate every borrower’s calculations?

    • Answer: No. Providing an accurate calculation of payroll costs is the responsibility of the borrower, and the borrower must attest to the accuracy of those calculations. Lenders are expected to perform a good faith review, in a reasonable time, of the borrower’s calculations and supporting documents concerning average monthly payroll cost. The level of diligence by a lender should be informed by the quality of supporting documents supplied by the borrower. Minimal review of calculations based on a payroll report by a recognized third-party payroll processor, for example, would be reasonable. If lenders identify errors in the borrower’s calculation or material lack of substantiation in the borrower’s supporting documents, the lender should work with the borrower to remedy the error.

  2. Question: Are small business concerns (as defined in section 3 of the Small Business Act, 15 U.S.C. 632) required to have 500 or fewer employees to be eligible borrowers in the PPP?

    • Answer: No. Small business concerns can be eligible borrowers even if they have more than 500 employees, as long as they satisfy the existing statutory and regulatory definition of a “small business concern” under section 3 of the Small Business Act, 15 U.S.C. 632. A business can qualify if it meets the SBA employee-based or revenue-1
      This document does not carry the force and effect of law independent of the statute and regulations on which it is
      based. As of April 6, 2020 based size standard corresponding to its primary industry. Go to www.sba.gov/size for
      the industry size standards.

    • Additionally, a business can qualify for the Paycheck Protection Program as a small business concern if it met both tests in SBA’s “alternative size standard” as of March 27, 2020: (1) maximum tangible net worth of the business is not more than $15 million; and (2) the average net income after Federal income taxes (excluding any carry-over losses) of the business for the two full fiscal years before the date of the application is not more than $5 million.

    • A business that qualifies as a small business concern under section 3 of the Small Business Act, 15 U.S.C. 632, may truthfully attest to its eligibility for PPP loans on the Borrower Application Form, unless otherwise ineligible.

  3. Question: Does my business have to qualify as a small business concern (as defined in section 3 of the Small Business Act, 15 U.S.C. 632) in order to participate in the PPP?

    • Answer: No. In addition to small business concerns, a business is eligible for a PPP loan if the business has 500 or fewer employees whose principal place of residence is in the United States, or the business meets the SBA employee-based size standards for the industry in which it operates (if applicable). Similarly, PPP loans are also available for qualifying tax-exempt nonprofit organizations described in section 501(c)(3) of the Internal Revenue Code (IRC), tax-exempt veterans organization described in section 501(c)(19) of the IRC, and Tribal business concerns described in section 31(b)(2)(C) of the Small Business Act that have 500 or fewer employees whose principal place of residence is in the United States, or meet the SBA employee-based size standards for the industry in which they operate.

  4. Question: Are lenders required to make an independent determination regarding applicability of affiliation rules under 13 C.F.R. 121.301(f) to borrowers?

    • Answer: No. It is the responsibility of the borrower to determine which entities (if any) are its affiliates and determine the employee headcount of the borrower and its affiliates. Lenders are permitted to rely on borrowers’ certifications.

  5. Question: Are borrowers required to apply SBA’s affiliation rules under 13 C.F.R. 121.301(f)?

    • Answer: Yes. Borrowers must apply the affiliation rules set forth in SBA’s Interim Final Rule on Affiliation. A borrower must certify on the Borrower Application Form that the borrower is eligible to receive a PPP loan, and that certification means that the borrower is a small business concern as defined in section 3 of the Small Business Act (15 U.S.C. 632), meets the applicable SBA employee-based or revenue-based size standard, or meets the tests in SBA’s alternative size standard, after applying the affiliation rules, if applicable. SBA’s existing affiliation exclusions apply to the PPP, including, for example the exclusions under 13 CFR 121.103(b)(2).

  6. Question: The affiliation rule based on ownership (13 C.F.R. 121.301(f)(1)) states that SBA will deem a minority shareholder in a business to control the business if the shareholder has the right to prevent a quorum or otherwise block action by the board of directors or shareholders. If a minority shareholder irrevocably gives up those rights, is it still considered to be an affiliate of the business?

    • Answer: No. If a minority shareholder in a business irrevocably waives or relinquishes any existing rights specified in 13 C.F.R. 121.301(f)(1), the minority shareholder would no longer be an affiliate of the business (assuming no other relationship that triggers the affiliation rules).

  7. Question: The CARES Act excludes from the definition of payroll costs any employee compensation in excess of an annual salary of $100,000. Does that exclusion apply to all employee benefits of monetary value?

    • Answer: No. The exclusion of compensation in excess of $100,000 annually applies only to cash compensation, not to non-cash benefits, including:

      • employer contributions to defined-benefit or defined-contribution retirement
        plans;

      • payment for the provision of employee benefits consisting of group health care
        coverage, including insurance premiums; and

      • payment of state and local taxes assessed on compensation of employees.

  8. Question: Do PPP loans cover paid sick leave?

    • Answer: Yes. PPP loans covers payroll costs, including costs for employee vacation, parental, family, medical, and sick leave. However, the CARES Act excludes qualified sick and family leave wages for which a credit is allowed under sections 7001 and 7003 of the Families First Coronavirus Response Act (Public Law 116–127). Learn more about the Paid Sick Leave Refundable Credit here.

  9. Question: My small business is a seasonal business whose activity increases from April to June. Considering activity from that period would be a more accurate reflection of my business’s operations. However, my small business was not fully ramped up on February 15, 2020. Am I still eligible?

    • Answer: In evaluating a borrower’s eligibility, a lender may consider whether a seasonal borrower was in operation on February 15, 2020 or for an 8-week period between February 15, 2019 and June 30, 2019.

  10. Question: What if an eligible borrower contracts with a third-party payer such as a payroll provider or a Professional Employer Organization (PEO) to process payroll and report payroll taxes?

    • Answer: SBA recognizes that eligible borrowers that use PEOs or similar payroll providers are required under some state registration laws to report wage and other data on As of April 6, 2020 the Employer Identification Number (EIN) of the PEO or other payroll provider. In these cases, payroll documentation provided by the payroll provider that indicates the amount of wages and payroll taxes reported to the IRS by the payroll provider for the borrower’s employees will be considered acceptable PPP loan payroll documentation. Relevant information from a Schedule R (Form 941), Allocation Schedule for Aggregate Form 941 Filers, attached to the PEO’s or other payroll provider’s Form 941, Employer’s Quarterly Federal Tax Return, should be used if it is available; otherwise, the eligible borrower should obtain a statement from the payroll provider documenting the amount of wages and payroll taxes. In addition, employees of the eligible borrower will not be considered employees of the eligible borrower’s payroll provider or PEO.

  11. Question: May lenders accept signatures from a single individual who is authorized to sign on behalf of the borrower?

    • Answer: Yes. However, the borrower should bear in mind that, as the BorrowerApplication Form indicates, only an authorized representative of the business seeking aloan may sign on behalf of the business. An individual’s signature as an “Authorized Representative of Applicant” is a representation to the lender and to the U.S. government
      that the signer is authorized to make the certifications, including with respect to the applicant and each owner of 20% or more of the applicant’s equity, contained in the Borrower Application Form. Lenders may rely on that representation and accept a single individual’s signature on that basis.

  12. Question: I need to request a loan to support my small business operations in light of current economic uncertainty. However, I pleaded guilty to a felony crime a very long time ago. Am I still eligible for the PPP?

    • Answer: Yes. Businesses are only ineligible if an owner of 20 percent or more of the equity of the applicant is presently incarcerated, on probation, on parole; subject to an indictment, criminal information, arraignment, or other means by which formal criminal charges are brought in any jurisdiction; or, within the last five years, for any felony, has been convicted; pleaded guilty; pleaded nolo contendere; been placed on pretrial diversion; or been placed on any form of parole or probation (including probation before judgment).

  13. Question: Are lenders permitted to use their own online portals and an electronic form that they create to collect the same information and certifications as in the Borrower Application Form, in order to complete implementation of their online portals?

    • Answer: Yes. Lenders may use their own online systems and a form they establish that asks for the same information (using the same language) as the Borrower Application Form. Lenders are still required to send the data to SBA using SBA’s interface.

  14. Question: What time period should borrowers use to determine their number of employees and payroll costs to calculate their maximum loan amounts?

    • Answer: In general, borrowers can calculate their aggregate payroll costs using data either from the previous 12 months or from calendar year 2019. For seasonal businesses, the applicant may use average monthly payroll for the period between February 15, 2019, or March 1, 2019, and June 30, 2019. An applicant that was not in business from February 15, 2019 to June 30, 2019 may use the average monthly payroll costs for the period January 1, 2020 through February 29, 2020.

    • Borrowers may use their average employment over the same time periods to determine their number of employees, for the purposes of applying an employee-based size standard. Alternatively, borrowers may elect to use SBA’s usual calculation: the average number of employees per pay period in the 12 completed calendar months prior to the date of the loan application (or the average number of employees for each of the pay periods that the business has been operational, if it has not been operational for 12 months).

  15. Question: Should payments that an eligible borrower made to an independent contractor or sole proprietor be included in calculations of the eligible borrower’s payroll costs?

    • Answer: No. Any amounts that an eligible borrower has paid to an independent contractor or sole proprietor should be excluded from the eligible business’s payroll costs. However, an independent contractor or sole proprietor will itself be eligible for a loan under the PPP, if it satisfies the applicable requirements.

  16. Question: How should a borrower account for federal taxes when determining its payroll costs for purposes of the maximum loan amount, allowable uses of a PPP loan, and the amount of a loan that may be forgiven?

    • Answer: Under the Act, payroll costs are calculated on a gross basis without regard to (i.e., not including subtractions or additions based on) federal taxes imposed or withheld, such as the employee’s and employer’s share of Federal Insurance Contributions Act (FICA) and income taxes required to be withheld from employees. As a result, payroll costs are not reduced by taxes imposed on an employee and required to be withheld by the employer, but payroll costs do not include the employer’s share of payroll tax. For example, an employee who earned $4,000 per month in gross wages, from which $500 in federal taxes was withheld, would count as $4,000 in payroll costs. The employee would receive $3,500, and $500 would be paid to the federal government. However, the employer-side federal payroll taxes imposed on the $4,000 in wages are excluded from payroll costs under the statute.2

  17. Question: I filed or approved a loan application based on the version of the PPP Interim Final Rule published on April 2, 2020. Do I need to take any action based on the updated guidance in these FAQs?

    • Answer: No. Borrowers and lenders may rely on the laws, rules, and guidance available at the time of the relevant application. However, borrowers whose previously submitted loan applications have not yet been processed may revise their applications based on clarifications reflected in these FAQs.

  18. Question: Are PPP loans for existing customers considered new accounts for FinCEN Rule CDD purposes? Are lenders required to collect, certify, or verify beneficial ownership information in accordance with the rule requirements for existing customers?

    • Answer: If the PPP loan is being made to an existing customer and the necessary information was previously verified, you do not need to re-verify the information. Furthermore, if federally insured depository institutions and federally insured credit unions eligible to participate in the PPP program have not yet collected beneficial ownership information on existing customers, such institutions do not need to collect and verify beneficial ownership information for those customers applying for new PPP loans, unless otherwise indicated by the lender’s risk-based approach to BSA compliance.

 
OHIO STAY AT HOME ORDER

FOR IMMEDIATE RELEASE: March 22, 2020

MEDIA CONTACTS:

  • Dan Tierney: 614-644-0957

  • Breann Almos: 614-799-6480

Ohio Issues "Stay at Home" Order; New Restrictions Placed on Day Cares for Children

(COLUMBUS, Ohio)— Ohio Governor Mike DeWine, Lt. Governor Jon Husted, and Ohio Department of Health Director Amy Acton, M.D. MPH, today announced that Ohio will be under a "Stay at Home" order.

The order will go into effect beginning Monday, March 23, 2020, at 11:59 p.m. and will remain in effect until 11:59 p.m. on April 6, 2020, unless the order is rescinded or modified. 

Read the full order here: Director's Stay At Home Order

"We haven't faced an enemy like we are facing today in 102 years - we are at war. In the time of war, we must make sacrifices, and I thank all of our Ohio citizens for what they are doing and what they aren't doing. You are making a huge difference, and this difference will save lives," said Governor DeWine. "Right now, we are in a crucial time in this battle. What we do now will slow this invader so that our healthcare system will have time to treat those who have contracted COVID-19 and also have time to treat those who have other medical problems. Time is of the essence."

 

More information: Stay At Home FAQ

CHILD CARE/DAY CARE

Beginning on Thursday, March 26, 2020, all operating child care centers in Ohio must do so under a Temporary Pandemic Child Care license and follow these guidelines:

·         There should be no more than six children in a class.

·         Ratios must be kept at one teacher to no more than six children.

·         Children whose parents are employed by the same entity should be kept together whenever possible.

·         The same teachers and children in each room should be maintained whenever possible.

·         There should be limited use of shared space or mixing of groups.

·         If shared space is used, a rigorous cleaning schedule must be in place.

·         Parent interaction should be limited at drop off and pick up.

The program will operate until April 30, with the potential to extend and adjust as needed.

 

NEW WEBSITE FOR BUSINESSES 

Businesses and workers can now access all of these resources related to COVID-19 in one place at ohio.gov/BusinessHelp.

The portal includes information on unemployment benefits, the Small Business Administration’s Economic Injury Disaster Loan Program, the Liquor Buyback Program, modified rules for trucking to help ship critical supplies into the state, the delay of BWC Premiums, etc.

CHLOROQUINE AND HYDROXYCHLORQUINE

Ohio State of Ohio Board of Pharmacy passed a rule related to prescribing chloroquine and hydroxychloroquine for purposes of COVID-19. 

Unless otherwise approved by the Board’s executive director, no prescription for chloroquine or hydroxychloroquine may be dispensed by a pharmacist or sold at retail by a licensed terminal distributor of dangerous drugs unless:

  1. The prescription bears a written diagnosis code from the prescriber.

  2. If written for a COVID-19 diagnosis, the diagnosis has been confirmed by a positive test result, which is documented on the prescription and both of the following apply:

    1. The prescription is limited to no more than a fourteen-day supply, and

    2. No refills may be permitted unless a new prescription is furnished.

Prescriptions for either presumptive positive patients or prophylactic use of chloroquine or hydroxychloroquine related to COVID-19 is strictly prohibited unless otherwise approved by the Board’s Executive Director in consultation with the Board President, at which time a resolution shall issue.

COVID-19 OHIO DATA 

There are 351 confirmed cases of COVID-19 in Ohio and three deaths. A total of 83 people are hospitalized.

Confirmed Deaths: Cuyahoga (1), Erie (1), Lucas (1). 

Confirmed cases: Ashland (1), Ashtabula (2), Belmont (2), Butler (17), Carroll (1), Clark (1), Clermont (5), Clinton (1), Columbiana (2), Coshocton (2), Cuyahoga (125), Darke (1), Defiance (2), Delaware (6), Erie (1), Franklin (34), Gallia (1), Geauga (2), Greene (1), Hamilton (19), Hancock (1), Huron (1), Lake (6), Licking (1), Lorain (19), Lucas (5), Mahoning (18), Marion (1), Medina (10), Miami (13), Montgomery (5), Portage (1), Richland (1), Stark (10), Summit (23), Trumbull (3), Tuscarawas (2), Union (1), Warren (3), Wood (1)

Video of today's full update can be viewed on the Ohio Channel's website.

For more information on Ohio's response to COVID-19, visit coronavirus.ohio.gov or call 1-833-4-ASK-ODH.

CONTACT

537 South Broadway, Suite 201
Greenville, OH 45331
Telephone: (937) 548-3250
Fax: (937) 547-8446

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