Trusts are a regular feature in SBA loan structures, particularly where ownership, real estate, or estate planning considerations intersect. For lenders, that means trust documentation should never be…

No matter where you drive today, you are likely to see a cell tower rising above the landscape, sometimes disguised to resemble the surrounding trees. Cell towers have…

Adhering to the prudent lender guidelines, SBA lenders frequently obtain business valuations and real estate appraisals during loan origination, servicing, workout, and liquidation activities. While these reports are…

One of the benchmarks of the SBA loan program is that SBA loans are made to operating small businesses and not passive entities. If a small business enters…

On May 28, 2026, the Small Business Administration (“SBA”) issued Policy Notice 5000-879464, Prior Loss Rule: Non-Controlling Ownership Update (the “Notice”), which provided guidance for SBA eligibility questions…

While the SBA’s Eligible Passive Company (“EPC”) guidelines are well established, lenders continue to encounter SBA compliance issues that may threaten the SBA guaranty. The EPC rule is…