Anticipated Changes to the SBA Rulebook

On April 11th, 2023, the Small Business Administration (SBA) released their final rule, which includes eligibility and procedural changes that make SBA 504 financing even more obtainable. The SBA aims to make the SBA 504 loan available to more small businesses by relaxing eligibility criteria, reducing required documentation and implementing an updated credit policy.

They anticipate the changes to go into effect, May 12, 2023. Changes are subject to SBA’s release of guidance and procedural notices.

Highlights of changes:

  • No more Franchise Directory
  • Simplified Affiliation Rules
  • Affiliation is now generally defined as 50% ownership in another entity with a similar

NAICS code prefix, thus greatly reducing affiliation by ownership scenarios.

  • Affiliation via Management – the decision to hire a management company is now the sole responsibility of the independent business owner(s).
  • Affiliation via Identity of Interest – SBA is removing this rule as it was deemed unfair to require close relatives (other than spouses and adult children) to provide financial statements when they aren’t principals of the Applicant.
  • Reduced factors for determining creditworthiness and reasonable assurance of repayment from nine to three requirements:
    • Credit score or history of the applicant, its associates, and guarantors
    • Earnings or cash flow of the applicant
    • Equity or collateral of the applicant, as applicable

Contact:

Nick Collins
Commercial Lender – Vice President
Bank Five Nine
155 W. Wisconsin Avenue, Oconomowoc, WI 53066
p: (262) 560-2016
c: (262) 468-6169
f: (262) 804-9926
nick.collins@bankfivenine.com
https://bankfivenine.com

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