Typically, any small business applicant seeking SBA financing must be an active operating company. One exception to this general rule pertains to Eligible Passive Companies. The Eligible Passive Company (EPC)…
In my December 13, 2017 article, I provided an overview of the franchise review process under the SOP 50 10 5(J). See https://starfieldsmith.com/article/best-practices-franchise-reviews-under-sop-50-10-5j/. For SBA loan applicants operating under traditional…
Lenders participating in the U.S. Small Business Administration lending programs often encounter borrowers who are unrepresented by legal counsel for the loan transaction. As a result, borrowers try to rely…
All SBA loan applicants and their affiliates must be small, when aggregated together, under SBA size requirements to participate in SBA’s lending programs. In determining whether affiliation exists, SBA analyzes…
Effective January 1, 2018, SBA issued new rules to further simplify the franchise affiliation review process in SOP 50 10 5 (J). Lenders will no longer need to review franchise…
SBA lenders have a responsibility to ensure that they maintain the integrity of the SBA loan programs throughout their institutions. 13 CFR §120.140(f) prohibits SBA lenders from engaging “in conduct…