I second the request for a lawyer. Whether or not I apply for these funds depends on what I think the legal interpretation of that passage is.
Not a lawyer, repeating the words of someone else who’s not a lawyer.
I talked to my bank (a 3 state credit union) today, specifically asking whether I counted as my own employee. The representative implied the SBA itself didn’t know, and if they did they hadn’t shared the information yet. She also very strongly implied that as long as I filled out the forms in good faith and my supporting documents were accurate, I would not be punished for fraud.
But what does it mean to fill out the forms in good faith? Doesn’t that depend on whether or not I think I’m lying? And doesn’t that depend on what words like “current economic uncertainty renders… necessary to continue current operations… ” mean? Like, obviously I could use the money. But is it necessary? I do have savings, so it seems like I could continue operations for a while just fine without extra money...
I recommend that you apply ASAP, talk to a lawyer, and then decline the funds if it seems like you shouldn’t have requested them in the first place. There’s a very limited window for getting money (which might already be passed). When actions are reversible (which they certainly are in this case, given that it is a loan, by default), but time sensitive, bias in favor of action.
But I recommend that you follow your moral compass over and above following my advice.