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Best Practices: Florida’s Fictitious Name Act: A discussion About Fictitious Names

While the following article is based upon the requirements of Florida’s Fictitious Name Act (see Florida Statutes §865.09), most states have their own fictitious name acts which have similar requirements.…
  • March 28, 2018
  • Kristen Dickey

Best Practices: SOP Refinance Rules

Under certain circumstances, SBA guaranteed loans may be used to refinance existing debt. Such debt may be in the form of short or long term debt structured with a demand…
  • March 21, 2018
  • Starfield & Smith

Best Practices: Deposit Accounts as Collateral – What happens if the account is garnished by a judgment creditor?

It is not uncommon for a lender to take a security interest in a deposit account of a borrower as security for a loan. Normally, the lender will maintain the…
  • March 14, 2018
  • Lyndsay Rowland

Best Practices: Reviewing Management Agreements under SOP 50 10 5(J)

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…
  • March 7, 2018
  • Jennifer E. Borra

Best Practices: Revised SBA Form 1919 Analysis: Part 3 – Principals of the Business

Pursuant to SBA Information Notice 5000-17007, effective October 12, 2017, SBA has issued a revised Form 1919. As mentioned previously, the form has been modified in order to provide greater…
  • February 28, 2018
  • Jessica L. Conn

Best Practices: The Value of a Payoff Letter

Because SBA loans are often under-collateralized, the SBA guaranty is frequently the most valuable piece of “collateral” to a lender. Because of this, it is imperative that lenders avoid the…
  • February 21, 2018
  • Katie O'Brien
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