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About Ethan W. Smith

Best Practices: Getting the SBA Fundamentals Right #3

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 can develop the tools…
  • February 27, 2019
  • 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…
  • October 31, 2018
  • Ethan W. Smith

Best Practices: Getting to Know SBA’s Updated Form 159

On September 14, 2018, SBA issued Information Notice 5000-18012 announcing an updated SBA Form 159 “Fee Disclosure and Compensation Agreement”. The majority of the revisions were designed to promote transparency…
  • September 26, 2018
  • Ethan W. Smith

Best Practices: To Fee, Or Not To Fee?

That is certainly the question in SBA lending today.  SBA has long regulated the types of fees that can be charged by an SBA lender to a borrower.  Recently, SBA’s…
  • June 13, 2018
  • Ethan W. Smith

Best Practices: Management Agreement Affiliation Determinations

Over the last several years, the use of “Management Agreements” has become a much more common method by which small businesses are choosing to run their businesses. In industries as…
  • October 4, 2017
  • Ethan W. Smith

Best Practices: Prudent Liquidation Deadline is Quickly Approaching

When SBA issued Standard Operating Procedure 50 57 (2), which became effective on December 1, 2015, the Agency included a new guideline designed to encourage SBA lenders to complete liquidation…
  • June 21, 2017
  • Ethan W. Smith
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