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Best Practices: Franchise Agreements and Consistencies with the SOPs

Lenders extending financing to franchisees – either to re-finance existing debt or open new facilities – have historically been concerned with determining whether affiliation exists between the franchisor and franchisee.…
  • July 26, 2017
  • Starfield & Smith

Best Practices: All Available Collateral

Everything AND the kitchen sink? This question faces all SBA lenders who are attempting to comply with SBA’s policy concerning available collateral. Under SOP 50 10 5(I), Chapter 4, Paragraph…
  • July 12, 2017
  • Jennifer E. Borra

Best Practices: Change of Ownership via Stock Purchase – A Primer

Changes of ownership financed with SBA guaranteed loans are often structured as stock purchase transactions. Beyond the rigorous requirements imposed by the SBA, the transfer of fractional ownership interests from…
  • June 28, 2017
  • Victor A. Diaz

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

Best Practices: Liquor Licenses as Collateral

There are a number of occasions where a SBA lender may wish to lien a liquor license as part of its collateral. Not only may a liquor license be a…
  • June 14, 2017
  • Starfield & Smith

Best Practices: Evaluating the Eligibility of Religious Small Business Applicants

While the vast majority of small businesses are eligible for loans through the U.S. Small Business Administration (“SBA”) 7a guaranteed loan program, a business may be ineligible because its activities…
  • June 7, 2017
  • Starfield & Smith
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