Tuesday, January 21, 2014

Procedural Changes for 2014

SBA released a new SOP, 50 10 5 (F), for 2014 with many of the modifications affecting the administrative and procedural components of the 504.  Participating lenders and borrowers probably won't even notice most of the changes as they primarily involve the interaction between CDC's and SBA.  There are, however, a few changes you might want to keep in mind when thinking 504:

  • Insurance:  Insurance coverage on the assets financed with 504 has been required by SBA for years.  However, the new SOP adds a layer:  if the state requirements are more than SBA requirements, or the state requires a business to carry specific insurance, then that business must prove it has the state required insurance.

  • Guarantors:  The 20% or more rule still applies.  However, the 504 must have at least one guarantor, even if there are no 20% or more owners.

  • Religion:  Businesses promoting religion are ineligible, but there are some businesses that may now be eligible.  SBA has developed a checklist to help determine if the project that involves religion would be eligible.  (Form 1971)

  • Businesses Engaged in Lending:  Businesses with the primary purpose of lending are not eligible for 504.  However, SBA has added the following exception to this rule:  Financial Advisors.  To be eligible, the Financial Advisors' services must be fee-based and funds cannot be invested in their own portfolio of investments.

  • Multiple 504's:  The 504 portion of most projects cannot exceed $5 million, but there are certain circumstances where this can be exceeded (mostly manufacturing).  Should a business meet the eligibility requirements for multiple 504s in excess of $5 million, SBA will determine if multiple loans in excess of $5 million to a borrower meets their prudent lending standards.

Remember, should you have any questions or need personalized lender training, contact us.  We are happy to come on-site and respond to your questions or conduct a training seminar with your commercial lending team.  http://www.growthcorp.com/ContactUs.aspx

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