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What Houston startups need to know about PPP loans

Startup founders seek answers to how PPP loan funds provide their companies security and support. Miguel Tovar/University of Houston

Unless you've been vacationing on Mars for the past six months, you know that a $2 trillion Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was recently approved by Congress. Business owners are sifting through the fine print to see if they qualify for PPP loans for startups.

The stimulus package carries provisions that will surely assist startups and small business during our current state of national emergency. The most notable part of this legislation is known as the Paycheck Protection Program, or PPP.

"Under the PPP, startups can qualify to attain a forgivable loan of 2.5 times the average monthly payroll, with restrictions, of course," explained the vice president of communications for Zeni Inc., Emilie Pires.

Emilie Pires oversees Zeni, a company that helps startups manage financial affairs and helps clients apply for PPP loans.

The federal government has a history of lending to small businesses through the Small Business Administration. The PPP loan differs from past loans, however, because it can be forgiven, and because it doesn't require a personal guarantee.

"Loan forgiveness is the most notable aspect of the PPP. It is significant because if you comply with the requirements, the loan actually functions like more of a grant. It's non-dilutive capital from the federal government to keep your company alive," Pires continued.

Perks of PPP

According to Bloomberg business writer Sara McBride, not requiring a personal guarantee gives startup founders a much needed boost.

"If a loan requires a personal guarantee, the founder would likely be weighed down with heavy personal debt if the startup ended up failing. A loan like this is not very appealing, so it's a big deal that the PPP loan doesn't require a personal guarantee."

Here are the two requirements if you want the loan to be forgiven. Per Bloomberg:

1) You must spend the money within 24 weeks of receiving funds, and;

2) You must use the loan on payroll, rent, mortgage, interest, or utilities.

The affiliate rule

Here's where it gets a little dicey. First off, it's best to consult a lawyer regarding the specifics of the affiliate rule. The affiliate rule essentially states that, if you own multiple startups, you have to count all the employees of all your companies when determining if you qualify for the PPP loan, which requires you to have less than 500 employees total to qualify.

With that said, here is an interpretation given by tech industry venture capitalist and lawyer Ed Zimmerman: "You might be able to skate by the affiliate rule if no one who owns other companies has more than a 20 percent stake in your company, and if no one in your company has enough control to veto any actions from your board."

Qualifying for PPP

Zimmerman also lays out a three-question test that might help you determine if your venture capitalist-supported startup qualifies for a PPP loan. The three questions are:

1) Does your venture capitalist hold 50 percent of your company's equity?

2) Even aside from that, does at least one venture capitalist control the majority of the company's board?

3) Further, does any venture capitalist control large portions of protective provisions, allowing him or her to veto corporate action, giving this venture capitalist control of the startup?

According to Zimmerman, if your answer to any one of the above is yes, you should attain legal counsel. If you answered no to all three, that's great news for you (but should still seek out legal counsel).

It is worth noting that the CARES Act does offer a program for companies with up to 10,000 employees. But those rates will be higher and will come with much bigger caveats.

Again, it's best to consult a lawyer to decide if you qualify to avoid the affiliate rule.

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This article originally appeared on the University of Houston's The Big Idea. Rene Cantu, the author of this piece, is the writer and editor at UH Division of Research.

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Building Houston

 
 

So many Newstonians are coming in from California. Photo courtesy of TxDOT

The Hollywood-to-Houston population pipeline is overflowing, a new study suggests.

Harris County ranks as the No. 1 destination for people relocating to Texas from California, according to a StorageCafé data analysis. The No. 1 place of origin? Los Angeles County, home to Hollywood.

Among California counties, Harris County attracted the most new arrivals from Los Angeles County in 2019 (3,263), followed by San Diego County (840), and Riverside County (698).

Why are Californians swapping the West Coast for the Gulf Coast? A prime reason appears to be housing costs. The analysis shows the median price difference in 2020 between a home in Los Angeles County and a home in Harris County was $482,010. And even though they're paying less for a home in Harris County, L.A. transplants are gaining a median 577 square feet in additional space.

"When housing prices in California go up, so does migration to Texas. When housing prices in California go down, migration to Texas goes down as well," William Fulton, director of Rice University's Kinder Institute for Urban Research, tells StorageCafé, a self-storage platform.

Looking at the California-to-Texas connection, Los Angeles County holds the top seven spots in the ranking of counties that send the most new residents to our state. Here are the top seven:

  1. Los Angeles County to Harris County (3,263 new residents in 2019).
  2. Los Angeles County to Dallas County (2,492 new residents in 2019).
  3. Los Angeles County to Travis County (2,060 new residents in 2019).
  4. Los Angeles County to Collin County (1,609 new residents in 2019).
  5. Los Angeles County to Tarrant County (1,374 new residents in 2019).
  6. Los Angeles County to Bexar County (1,366 new residents in 2019).
  7. Los Angeles County to Denton County (1,290 new residents in 2019).

"Elon Musk is well on his way to being the first human on Mars, but he's far from being a pioneer when it comes to moving to Texas. His recent move to the state is just one among the almost 190 daily moves from California to Texas that occurred from 2010 to 2019," StorageCafé says.

Here are the top 10 counties for new arrivals from all California counties in 2019:

  1. Harris County — 8,408.
  2. Dallas County — 7,923.
  3. Travis County — 6,725.
  4. Tarrant County — 6,623.
  5. Bexar County — 5,340.
  6. Collin County — 5,294.
  7. Denton County — 4,028.
  8. Williamson County — 2,877.
  9. El Paso County — 2,521.
  10. Bell County — 1,727.
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This article originally ran on CultureMap.

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