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About Ethan W. Smith

Best Practices: Two Major New SBA Rules Take Effect in Mid-May

This week SBA has published two new final rules that are scheduled to take effect in Mid-May, 2023. The final rule “Affiliation and Lending Criteria for the SBA Business Loan…
  • April 12, 2023
  • Ethan W. Smith

Best Practices: The Burden of Proving Your Guaranty Purchase Case

In the American criminal justice system, defendants are afforded a presumption of innocence which is derived from the fifth and fourteenth amendments to the Constitution. This standard, which has been…
  • January 4, 2023
  • Ethan W. Smith

Best Practices: Meeting SBA’s Prudent Liquidation Deadline

SBA Standard Operating Procedure 50 57 (2) requires SBA lenders to complete liquidation of their 7(a) loans in a “prompt, cost effective and commercially reasonable manner.”  This concept, defined by…
  • August 31, 2022
  • Ethan W. Smith

Best Practices: Underwriting and Documenting Working Capital Disbursements

SBA’s Office of Credit Risk Management continues to focus on the adequacy of lenders’ underwriting and documentation of working capital disbursements on their 7(a) loans. Lenders are required to thoroughly…
  • May 11, 2022
  • Ethan W. Smith

Best Practices: Affiliation Based Upon Identity of Interest

SBA lending, with its myriad rules, regulations and ever-changing guidelines, has always been a challenge for compliance-minded lenders.  One of the most difficult SBA topics for lenders to deal with…
  • January 19, 2022
  • Ethan W. Smith

Best Practices: Getting the SBA Fundamentals Right

In these uncertain times, SBA lenders are often overwhelmed by the myriad rules, regulations and guidelines associated with SBA lending. However, by focusing on a handful of core concepts, Lenders…
  • September 29, 2021
  • Ethan W. Smith
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