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Best Practices: Nuances of the Eligible Passive Company Rule

One of the basic tenets of SBA lending is that an applicant must be an active operating business.  SBA prohibits financing assets that are held for their passive income, with…
  • December 18, 2019
  • Katie O'Brien

Best Practices: Nothing Reasonable About “Reasonable Attorney Fees” In Confession Of Judgment Provisions

When it comes to SBA lending, all participating lenders are no strangers to loan documents that include confession of judgment provisions (“COJ Provisions”). By way of background, COJ Provisions are…
  • December 11, 2019
  • Demetri A. Braynin

Best Practices: Impending Mandatory Changes to Florida Notarial Certificates for Acknowledgments and Jurats

Effective January 1, 2020, Florida law requires new language to be used in ALL notarial certificates for acknowledgments and jurats pursuant to House Bill 409 (“HB 409”)/Session Law Chapter 2019-71,…
  • December 4, 2019
  • Kristen Dickey

Best Practices: Closing Instruction Letters #2

The last few days before a closing can be a hectic time. Each party has its own responsibilities and everyone must make sure that there is an agreement as to…
  • November 13, 2019
  • Jessica L. Conn

Best Practices: SBA Seeking Comments to its Export Loan Programs

On September 17, 2019, SBA provided an advance notice of proposed rulemaking (“ANPRM”) seeking the public’s comments to changes to the regulations governing SBA’s Export Loan Programs in an ongoing…
  • November 6, 2019
  • Jennifer E. Borra

Best Practices: Highlights from the Results of the Office of Inspector General’s High Risk 7(a) Loan Review Program in 2019

The Office of the Inspector General (“OIG”) established the High Risk 7(a) Loan Review Program in 2014 to minimize losses on high dollar/early-defaulted U.S. Small Business Administration (“SBA”) guaranteed 7(a)…
  • October 30, 2019
  • Janet M. Dery
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