SEED lender training 4-3-14

# 3 in 7a loans (3/21/14)
LOS ANGELES DISTRICT OFFICE
MICHIGAN DISTRICT OFFICE
884
864
MASSACHUSETTS DISTRICT OFFICE 814
LOS ANGELES DISTRICT OFFICE
ILLINOIS DISTRICT OFFICE
SOUTH FLORIDA DISTRICT OFFICE
MINNESOTA DISTRICT OFFICE
SANTA ANA DISTRICT OFFICE
MICHIGAN DISTRICT OFFICE
SAN FRANCISCO DISTRICT OFFICE 100
MASSACHUSETTS DISTRICT OFFICE 95
108
103
102
153
140
133

# 3 overall (7a & 504 combined) 3/21/14
LOS ANGELES DISTRICT OFFICE
MICHIGAN DISTRICT OFFICE
1,037
966
MASSACHUSETTS DISTRICT OFFICE 909
As of 3/21/14 # 1 in loans $150,000 and less!
MASSACHUSETTS DISTRICT
OFFICE
LOS ANGELES DISTRICT OFFICE
283
271
NEW YORK DISTRICT OFFICE 237

Break Out of MA lending by units, (3/21/14)
CLP
EWCP
Export Express
504
ALP
CA
GO Loans
Inter Trde
Other 7(a)
Patriot Express
PLP
RLA
SBAExpress
SLA
Grand Total
10
0
4
0
0
3
1
12
18
0
85
72
87
617
909






All SBA 7(a) Loans of $150,000 or less have:
NO Guaranty fee
NO on-going servicing fee for the lender

Loans above $350,000: on-going servicing reduced to @.52basis points

As of 1/1/2014 ALL SBA Express loans to VETERANS
(Patriot Express expired on Dec 31 st , 2013)
No guaranty fee up to $350,000

Regionally………….

FY `13 – 73% of loans were <= $150,000

FY `14 (thru 1/31) – 81% of loans are <= $150,000
ME
RI
CT
MA
NH
VT
FY `13
Through 1/31
73%
74%
72%
73%
65%
56%
FY `14
Through 1/31
86%
81%
74%
77%
79%
67%

www.sba.gov/ma

FY 14 YTD: (10/1/13 - 2/21/14)
7(a) "Estimated " Borrower Fee Relief for loan sizes less than = to $150K
FEE RELIEF:
$6.3M – US
$315K - MA

PREMISE OF SBA LENDING
“On SBA-guaranteed loans, the cash flow of the
Small Business Applicant is the primary source of repayment, not the liquidation of collateral. Thus, if the lender’s financial analysis demonstrates that the Small
Business Applicant lacks reasonable assurance of repayment in a timely manner from the cash flow of the business, the loan request must be declined, regardless of the collateral available.”

Standard 7(a)Loan Processing Centers:
Located in Citrus Heights, California and Hazard, Kentucky:
Processes Standard 7(a), Small Lender Advantage and the Community Advantage loan programs
Sacramento Loan Processing Center:
Processes 504 loan programs
Commercial Loan Service Center
Located in Little Rock, Arkansas:
Services SBA loans for the eastern half of the United States, and handles liquidation of 504 loans, processing of guaranty purchase requests and the liquidation of defaulted loans made under the SBA Express programs.
Loan Guaranty Purchase Center
Located in Herndon, Virginia
Processes requests to honor loan guaranties on 7(a) loans.

VARIOUS DELIVERY METHODS
The Agency guarantees 7(a) Program Loans through various methods including:
1. Standard 7(a) Guaranty a) Small Loans up to and including $350,000 ("Small Loan Advantage (SLA)") b) Loans over $350,000 to $5,000,000
2. Certified Lenders Program (CLP) a) Small Loans up to and including $350,000 ("SLA") b) Loans over $350,000 to $5,000,000
3. Preferred Lenders Program (PLP) a) Small Loans up to and including $350,000 ("SLA") b) Loans over $350,000 to $5,000,000
4. SBA Express (delegated)
5. Export Express (delegated)
6. Community Advantage (Pilot Program) a) Loans up to and including $250,000 (covered by a separate Community Advantage Participant Guide)

Eligibility Requirements








Be operated for profit
U.S. citizens or owners with verified “green card” status
Not exceed SBA size standards
Owners must be of “good character”
Meet SBA’s “personal resource test”
Owners must possess management ability and have experience in field.
Demonstrate repayment ability
Not engaged in lending, real-estate development, investments or speculation www.sba.gov/ma

Ineligible Businesses










Certain business types are ineligible for SBA assistance.
A non-profit business
Primarily engaged in lending
A passive business owned by developers or landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds that is not an
Eligible Passive Company discussed below (e.g. shopping center)
A life insurance company (life insurance agents, however, may be eligible)
Located in a foreign country or owned by undocumented aliens
Selling through a pyramid or multi-level sales distribution plan
Deriving more than one-third of gross annual revenue from legal gambling activities
Engaged in any illegal activity
Restrict patronage for reason other than capacity
A government-owned entity (a small business owned or controlled by a Native
American tribe may be eligible if the business is a legal entity separate from the tribe)

Ineligible Businesses
Certain business types are ineligible for SBA assistance.









Principally engaged in teaching, instructing, counseling, or indoctrinating religion or religious beliefs
A consumer or marketing cooperative (producer cooperatives may be eligible)
Earning more than 1/3 of its gross annual revenue from packaging SBA loans
Business with an associate who is incarcerated, on probation, on parole, or has been indicted for a felony or a crime of moral turpitude
Business in which the Lender or any of its associates owns an equity interest
Business which presents live performances of a prurient sexual nature or derives more than 5 percent of its gross revenue from the sale of products or services, or the presentation of any depictions or displays of a prurient sexual nature
Business that has defaulted, or has a principal who has defaulted, on a Federal loan or Federallyassisted financing resulting in the Federal government sustaining a loss, (unless waived by SBA for good cause)
Primarily engaged in political or lobbying activities
Speculative in nature (such as a shopping center developer, oil wildcatting, or primarily engaged in
R&D)

Eligible U se of Proceeds
SBA loans may be used to:








Purchase machinery, equipment, fixtures, buildings and land for business;
Finance receivables and augment working capital;
Refinance existing debt - including credit card debt (with compelling reason);
Finance seasonal lines of credit; and/or
Expand, renovate facilities;
Construct commercial buildings.
Change of ownership/purchase of a business
Most legitimate business purposes

Debt Refinancing Criteria




Requires “substantial benefit” to applicant
Looks to 10% improvement in monthly payments (P & I)
SBA requires copies of all notes that will be refinanced
Demand, interest only, balloon notes will automatically meet substantial benefit test

Debt Refinancing Criteria
Home Equity Line of Credit (HELOC) or Credit Card Debt that was used for business purposes.
The borrower must certify that the amount being refinanced was used exclusively for business purposes and provide appropriate documentation, such as a copy of the note and/or current loan statement, to demonstrate that the debt was, in fact, used for business purposes.
For example, a sole proprietor may demonstrate that the debt was used for business purposes by providing a copy of the note and documentation that shows the debt is reflected on the business balance sheet and/or the interest deduction is reported on the Schedule “C” not the Schedule “A” of the proprietor’s tax return. If the interest deduction reported on the Schedule C includes multiple debts, then the applicant must provide a copy of the appropriate IRS Form 1098 related to the debt being refinanced

Refinance





Refinancing Same Institution Debt
Late is defined as any payment made 29 days beyond the due date or maturity
Transcript for past 36 months or life of loan (whichever is less) must be included showing due dates & when payments were received as part of the credit analysis






Refinancing an SBA Guaranteed Loan
Evidence must be retained in the file showing the existing lender was unwilling to approve an increase in the loan amount or a second loan and/or the lender is unwilling or unable to modify the current payment schedule
The Borrower or the new lender may obtain this documentation
Refinancing an existing 504 using 7a
A 7a loan can be used to refinance an existing 504 as long as it meets refi requirements PLUS either:
Both the 3 rd Party & 504 loan are being refinanced OR
The 3 rd Party loan has been paid in full & the 504 needs to be refinanced as part of a larger transaction to facilitate an expansion or renovation to the project property
504 pre-payment penalties CANNOT be waived





To repay delinquent IRS withholding taxes, sales taxes or similar funds held in trust.
To provide or refinance funds used for payments, distributions, or loans to
Associates of the Applicant, except payment of ordinary compensation for services rendered at a fair and reasonable rate.
Relocation of the business out of a community if there will be a net reduction of one-third of its jobs or a substantial increase in unemployment in any area of the country unless the relocation is for key economic reasons crucial to the applicant and the benefits to the applicant and the receiving community outweigh the negative impact on the community from which the applicant is moving.
Community improvements, such as curbs and sidewalks, in excess of 5 percent of construction proceeds of this loan.

Real Estate Acquisition


If loan proceeds are to be used to purchase or construct real estate, we look for “owner occupancy”

Eligible small business must occupy 51% + of an existing facility or
60% of a newly constructed facility on day one, with expansion to 80% in 10 years

Determination of Eligibility
Lenders should be guided by the Eligibility
Questionnaire which is part of the loan application
In doubt?
If you are comfortable, but not 100% sure…




Print the page from the SOP that lead you to your decision and include it in the file.
Ask 7aQuestions@SBA.gov
. Include their answer in the file.
Call us, we will research the SOP and reiterate its contents – not make a determination.
Use conventional 7(a).

Acceptable factors that demonstrate an identifiable weakness in the credit or exceed policy limits of the lender include, among others: a) The business needs a longer maturity than the lender’s policy permits (for example, the business needs a loan that is not on a demand basis); b) The requested loan exceeds either the lender’s legal lending limit or policy limit regarding the amount that it can lend to one customer; c) The lender’s liquidity depends upon selling the guaranteed portion of the loan on the secondary market; d) The collateral does not meet the lender’s policy requirements; e) The lender’s policy normally does not allow loans to new businesses or businesses in the applicant’s industry; and/or f) Any other factors relating to the credit that, in the lender’s opinion, cannot be overcome except for the guaranty. These other factors must be specifically documented in the loan file.
The lender must certify that credit is not otherwise available by signing the Lender Official block on the appropriate application form.
2008

Owners and operators w/ good credit & character
Feasible business plan
Management expertise and commitment necessary for success
Sufficient funds, including SBA guaranteed loan, to operate the business on a sound financial basis
Adequate equity investment in the business
Sufficient collateral, however, SBA is a cash flow lender and not a collateral lender.
Ability to repay the loan on time from the projected operating cash flow.






Based on intended use of proceeds
Inventory or Working Capital – 10 Years
Equipment

10 years

Up to 25 years with documentation to support useful life
Real Estate – 25 years + construction period
Mixed Purpose


Blended based on use of proceeds or
Maximum for the largest asset class

7a Interest Rates
Loan Amount Maturity Maximum Rate
Loans $25,000 or less (Maturity less than 7 yrs.) Base Rate + 4.25%
Loans $25,000 or less (Maturity over 7 yrs.) Base Rate + 4.75%
Loans $25,001 to $50,000 (Maturity less than 7 yrs.) Base Rate + 3.25%
Loans $25,001 to $50,000 (Maturity over 7 yrs.) Base Rate+ 3.75%
Loans over $50,001 (Maturity less than 7 yrs.) Base Rate + 2.25%
Loans over $50,001 (Maturity over 7 yrs.) Base Rate + 2.75%

Express Rates
Loans $50,000 or less Prime + 6.5%
Loans $50,001 or more Prime + 4.5%
The rate used is the one in effect on the date SBA receives the
complete application.
For current rates, please visit www.colsonservices.com/main/news.shtml
Current rates are also located on the For Lenders main page.

•
•
•
•
•
Manufacturing from 500 to 1,500 employees
Wholesaling 100 employees
Services from $4.5 million to $32.5 million in average annual receipts
Retailing from $6.5 million to $26.5 million
General construction from $6.5 million to $32 million
The 2010 Jobs Bill expands the number of businesses eligible for SBA loans by increasing the alternate size standard to those small businesses with less than $15 million in net worth and $5 million in average net income www.sba.gov/size

AFFILIATES
Concerns and entities are affiliates of each other when one controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists.
SBA considers factors such as ownership, management, previous relationships with or ties to another concern, and contractual relationships, in determining whether affiliation exists.
Control may be affirmative or negative. Negative control includes, but is not limited to, instances where a minority shareholder has the ability, under the concern's charter, by-laws, or shareholder's agreement, to prevent a quorum or otherwise block action by the board of directors or shareholders.
Affiliation may be found where an individual, concern, or entity exercises control indirectly through a third party.
In determining whether affiliation exists, SBA will consider the totality of the circumstances, and may find affiliation even though no single factor is sufficient to constitute affiliation.
~ page 92 www.ecfr.gov
13.121.103

4506-T
SBA’s Tax Verification process is to determine if:
The Small Business Applicant filed business tax returns; and
The Small Business Applicant’s financial statements provided as part of the application agree with the business tax returns submitted to the IRS.
Please note: for loans up to $350,000. verification must be done prior to loan submission
For a sole proprietorship, the lender must verify the Schedule C.
For a change of ownership, the lender must verify the seller’s business tax returns or a sole proprietor’s Schedule C. Where there is an acquisition of a division or a segment of an existing business, other forms of verification may be used in lieu of the 4506-T (e.g. Sales tax payment records).
If the business has been operating for less than information for all years in operation.
, lender must obtain the

Personal Financial Statement




Liquid Resource Test



WHEN TFP IS:

Liquid Assets Include:
•
•
Cash or Cash equivalents including: savings accounts,
CDs, stocks, bonds or similar assets
Cash surrender value of life insurance
DOES NOT INCLUDE: Retirement accounts or closely held non-marketable stocks or equity in real estate

Good News!
April 21, 2014
Personal Resource Test eliminated
(for both 504 and 7(a))









Loan guaranty amounts remain the same
Traditional 7a loans of $150,00 or less = 85%; greater than $150,000 = 75%
SBA Express loans 50%
Export Express loans of $350,000 or less = 90%; greater than $350,000 = 75%
Credit decisions are based upon the Borrower’s ability to repay – SBA is a cash flow lender
Most eligibility rules stayed the same
Size standards haven’t changed (but don’t forget about affiliates)
Most things…

Has






All non-Express 7a loans of $350,000 or less will be processed “SLA like”
Tax Transcript Requirement
DUNS Number - Recommended
Simplified Forms
Simplified Life Insurance Rules
Clarification provided for
Debt Service Coverage
Ratio Requirements
Credit Memo Requirements
Collateral
Debt Refinance
Timing of 1502 Reporting
Prior Loss to the Government

has
Continued
•





IRS Tax Transcripts must be reviewed PRIOR to submission to Citrus Heights on all non-delegated lenders prior to disbursement on delegated loans




All 7a loans will use Forms 1919 & 1920
No more Form 4 or Form 4-I
Lenders may use their own Note & Guaranty
Must be legally enforceable & assignable, have stated maturity & not be payable on demand
Must include “SBA Language” re: interpretation & enforceability
If selling on the Secondary Market using Forms 147 & 148 is recommended
912 Only required when an issue is revealed on Form 1919
1502 Reporting to Colson begins as soon as a loan number is issued.

If the lender uses its own note form, the lender must ensure that the note is legally enforceable and assignable, has a stated maturity and is not payable on demand. In addition, if the lender uses its own note form, the note must include the following language: “ When SBA is the holder, this Note will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures, SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SBA any local or state law to deny any obligation, defeat any claim of SBA, or preempt federal law.”

If the lender uses its own guaranty form, the guaranty must include the following language: “ When SBA is the holder, the Note and this
Guarantee will be interpreted and enforced under federal law, including SBA regulations. Lender or SBA may use state or local procedures for filing papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such procedures,
SBA does not waive any federal immunity from state or local control, penalty, tax, or liability. As to this Guarantee, Guarantor may not claim or assert any local or state law against SBA to deny any obligation, defeat any claims of SBA, or preempt federal law .”

Other SOP Changes
•
•

-
SBA 7a loan can be used to refinance an existing 504
Prepayment penalty & debt refi rules still apply
-
Financials are current if within 180 days (PFS 90 days) must be dated & signed
-
-
-
All 7a requests submitted via ETRAN or electronically:
Supporting documentation can be submitted using ETRAN Document upload or Send this File (remember to include the APP number if sending via Send this File)
Email is NOT secure & has size limitations, so STRONGLY discouraged for supporting documentation submission and not acceptable for application submission
Loans must be submitted via e-tran

Loan submissions:

Standard 7(a), CLP, and CAPLines (non-delegated) applications must be sent via E-Tran, or to the 7(a) Loan Guaranty Processing Center (“LGPC”) electronically.
-
1. Email: 7aloanprogram@sba.gov
attachments less than 9 megabytes in size.
2. Website:
-
http://www.sba.gov/aboutsba/sbaprograms/elending/lgpc/index.html
click on “Submit 7(a) Document Here” or “sendthisfile.com”

There will now be Minimum Credit Underwriting Standards
Separated Between:


Those Used on any Request for Guaranty Processed through
Standard, CLP, or PLP Procedures and for $350,000 or less .
Those Used on any Request for Guaranty Processed through
Standard, CLP, or PLP Procedures for more than $350,000

Express Loans – no changes made to program


Where the initials “SLA” are used in this SOP, it refers to any loan up to and including $350,000 where the Request for Guaranty is Processed through Standard, CLP, or PLP
Procedures

The former SLA Underwriting Standards are the
Standards for Loans of $350,000 or Less

All Small 7(a), also known as SLA loan applications will be credit scored by SBA prior to loan approval (or issuance of a loan number if processed by a PLP lender).
The credit score is calculated based on a combination of consumer credit bureau data, business bureau data, borrower financials, and application data. (not be confused with the Small Business Predictive Score (SBPS) used in lender portal.
The minimum credit score is based on the lower end of the risk profile of the current SBA portfolio and may be adjusted up or down from time to time. The minimum score will be posted on SBA website. The current minimum
SLA credit score is 140

Credit Scores Will Predict Risk More Accurately and Simply Than Complex Underwriting





Small Business Credit Scores
Accurately Predict Purchase
FICO/D&B’s LiquidCredit scores use commercial and consumer data to predict purchase risk.
FICO/D&B developed the suite using loan, lease, and card data from lenders nationwide.

Small business credit scores are compensatory .
Criteria do not have hard-cutoffs, and scores do not always use all criteria or data sources.
37%
Purchase Rates by SBPS Score Band
29%
26%
22%
Below 140: 21%
17%
12%
7%
Above 140: 3.7%
5% 3% 2% 2% 1% 1% 1% 0%
Source: SBA Loan/Lender Monitoring System.
This Score Suite is an Industry-
Standard DecisioningTool
Banks across the country use the suite for evaluating borrower risk.
Under the new Small Loan Advantage, SBA will only approve loans scored above 140.
Source: Dun & Bradstreet, Fair Isaac Corp.
Sample Users of Small Business Credit Scores
Large National Banks
KeyBank
Huntington National Bank
PNC
RBC
USBank
Zions Bank
HSBC
Sovereign Bank
Smaller Regional Banks
AgriLand Farm Credit Services (TX)
Five Star (NY)
Glenview State (IL)
Rockland Trust (MA)
Associated Bank (WI)
First Volunteer (KY/TN)
Bank of Idaho
Union Bank of California

SBSS scores use commercial and consumer data to predict purchase risk
FICO score
# of inquiries
Average months in file
Etc.: Credit utilization
Example Qualified Profile
SBSS Score 178
782
0
120
Utilization: 0. Delinquencies: 0.
Example Disqualified Profile
SBSS Score 119
589
10
120
Utilization: >75%. Delinquencies: 6.
% sat. trade lines
Time as current owner
Total # suits
Etc.: Paydex, trade lines
100%
More than 2 years
0
Good paydex. 4 lines; 0 past terms.
55%
Less than 2 years
2
Poor paydex. 1 line; avg. 60 days delinquent.
DDA total balance
Time as current owner
Principals’ combined net worth
Etc.: Sales, employees, industry
More than $75k
More than 2 years
More than $100k
Sales: >$500k. Employees: >2.
Less than $75k
Less than 2 years
Less than $100k
Sales: <$500k. Employees: 0. Mining industry.
Cash-to-assets ratio
Current ratio
EBIT-to-interest ratio
Source: Dun & Bradstreet, Fair Isaac Corp.
High
100%
High
Low
55%
Low

Before obtaining an SBSS score you must input information about the small business borrower and small business principals into E-tran
Business Data Required

Business legal name




Business address
Business phone
Tax ID (EIN)
DUNS number
(suggested)
Principal Data Required

First name



Last name
SSN

Address
Required for each principal owner with 20% or more equity share of the applicant small business
Once all required information is entered into E-T ran, the ‘Check Credit Score’ icon will appear
Note: An SBSS score can be generated by entering the above information into E-tran (as described in the successive slides) however the loan cannot be submitted for an SBA loan number until the application is complete

For Loans of $350,000 or Less
The lender’s credit memo must include:
With the exception of loans under $50,000, the small business applicants global cash flow coverage is equal to or exceeds 1:1 on either a historical or projected cash flow basis. – does not have to occur year 1
Document in the loan file the definition or formula used to calculate the global cash flow

Continued
For Loans of $350,000 or Less
The lender’s credit memo must include:
Lenders must verify and reconcile the applicant’s financial data against income tax data prior to submitting a request for guaranty for a loan of $350,000 or less using Standard,
CLP, or PLP processing.
Prior to submission for all non delegated loans
Prior to disbursement for delegated loans

Continued
For Loans of $350,000 or Less
The lender’s credit memo must include:
Lender must determine if the equity and the pro-forma debt-to-worth are acceptable based on its policies and procedures for its similarly-sized, non-SBA guaranteed commercial loans.
If the lender requires an equity injection as part of its policies it must do so for SBA loans.

Loans Over $350,000
For all Requests for 7(a) Guarantee of loans greater than $350,000 processed through Standard, CLP, or
PLP procedures,
Lender’s analysis must demonstrate the Small
Business Applicant’s ability to repay the loan from the cash flow of the business.
The Analysis should conclude that repayment ability of the proposed SBA loan and all other debt reasonably exists from the operating cash flow of the business defined as earnings before interest, taxes, depreciation and amortization (EBITDA);



In order to determine EBITDA, the Lender must make appropriate adjustments - Additions & Subtractions to cash flow such as:

Unfunded capital expenditures;






Non-recurring income;
Expenses and distributions;
Distributions for S-Corp taxes;
Rent payments;
Owner’s Draw; and/or
Assessment of impact on cash flow to/from any affiliate business

For Loans Over $350,000
The Lender’s Credit Memo Must Include:
•
•
•
Analysis of historical cash flow that demonstrates total debt service coverage including the SBA loan and other balance sheet debt; or
Analysis of projected cash flows, (start-ups and expansions) that demonstrates total debt service coverage including the SBA loan and other balance sheet debt, with detailed assumptions in support of projections.
Spread of pro-forma Business Balance Sheet (current business balance sheet + changes in assets and liabilities as a result of the loan, other debt, any required equity injection and use of proceeds)

For Loans Over $350,000
The Lender’s Credit Memo Must Include:
Ratio calculations (based on the pro-forma Balance Sheet and historical and projected Income Statements) as described in the SOP.



Ratio calculations (based on the pro-forma Balance Sheet and historical and projected Income Statements) for the following financial ratio benchmarks:
Current Ratio, Debt/Tangible Net Worth, Debt Service Coverage, and other ratios the lender considers significant for the business/industry
(e.g., inventory turnover, receivables turnover, and payables turnover, etc.);
Analysis of working capital adequacy to support projected sales growth in next 12 months

Equity Requirement for loans in excess of $350,000

Amount of Equity
Adequate equity is important to ensure the long term survival of a business. The lender must determine if the equity and the pro forma debt-to-worth are acceptable based on the factors related to that type of business, experience of the management and the level of competition in the market area. The lender must include in its credit analysis a detailed discussion of the required equity and its adequacy.

SOURCE OF EQUITY
Cash that is not borrowed
Cash is borrowed if;
Applicant can demonstrate repayment of this personal loan from sources other than the cash flow of the business, the cash injection may be considered equity.



Salary of business owner does not qualify
Any loan made to an individual for the purpose of providing an equity injection into the business must be disclosed.
–
Lender’s credit analysis must address the impact on the personal and business balance sheets and sources of repayment for such side loans.
If the SBA participating lender is providing the personal loan, the lender must submit the application for guaranty through standard 7(a) processing.
~ page 187

Equity Injection
Lenders must verify the injection prior to disbursing loan proceeds and must maintain evidence of such verification in their loan files.
Verifying a cash injection requires the following documentation:
A copy of a check or wire transfer along with evidence that the check or wire was processed showing the funds were moved into the borrower’s account or escrow;
A copy of the statements of account for the account from which the funds are being withdrawn for each of the two most recent months prior to disbursement showing that the funds were available; and
A subsequent statement of the borrower’s account showing that the funds were deposited or a copy of an escrow settlement statement showing the use of the cash.
A promissory note, “gift letter” or financial statement is not
sufficient evidence of cash injection without corroborating evidence consistent with paragraph above .

SUMMARY
Loans Over $350,000







–
–
–
–
Submit via ETRAN

Loan will be prescreened in ETRAN
If SCORE is not acceptable app Express or Loan Processing Center approval may be used




Credit Memo includes:
Cash flow analysis reflecting ability to repay with a DSCR of 1:1 or better
History of the business, length of time in business & discussion of management
Loans of $50,000 or greater must show repayment ability based upon Global Cash flow (GCF DSCR of 1:1 or better)
Analysis of business strength, deposits, credit history, etc.
Owner/Guarantor including PFS consistent w/non-SBA loans
Equity & pro-forma debt to worth must be acceptable based on lender’s policy for non-SBA loans
Equity injection required consistent with lender’s non-SBA loans
Must collect and analyze business tax returns (verify with IRS prior to submission)

7a Underwriting
& Credit Analysis














Submit via ETRAN
Loans will not be prescreened in ETRAN
Credit Memo includes:
Cash flow analysis reflecting ability to repay with a DSCR of 1.15:1 or better
Repayment analysis based upon historical cash flow or projections if business is new or expanding
History & nature of the business; length of time in business, management depth & industry experience
Assessment of repayment ability based upon EBITDA (Operating Cash Flow) divided by debt service (12 months P & I payments including new loan
Adjustments to EBITDA should be made when necessary (unfunded cap. Expenditures; nonrecurring income; expenses & distributions; S-Corp taxes; rent; owner’s draw; impact of affiliates, etc.)
If using projections analysis of assumptions including reason for reduced expenses & revenue growth
Pro-forma balance sheet, ratio calculations (current ratio, debt/net worth, DSC, & any others considered relevant)
Working capital analysis to support projected sales grown in next 12 months
Collateral adequacy assessment
Explanation and justification for debt refinancing
Lender rational for recommending loan approval

Collateral






Collateral is NOT required for loans of $25,000 or less
Collateral is required on loans of more than $25,000 up to $350,000 with the lender following their own collateral policies & procedures for non-SBA guaranteed loans BUT at a minimum the lender must obtain a lien on the applicant’s fixed assets to secure the loan
Trading Assets MAY be skipped with the lender going directly to personal real estate if trading assets are needed as collateral on a LOC
For loans in excess of $350,000 the loan must be collateralized to the maximum extent possible UP TO THE LOAN AMOUNT
An SBA Guaranty CANNOT be used as a substitute for available collateral
Express collateral has not changed. Banks must follow same policies as non SBA portfolio.

When is a loan considered
“ Fully Secured ”?













Liquidation value of the collateral taken is equal to the loan amount
Adjusted Net Book Value = The Asset’s original price minus depreciation & amortization
Senior Lien Amounts must be subtracted from the value calculating to determine if Fully Secured
Lender must take the following until the “fully secured” mark is hit:
All assets acquired with proceeds
Any other fixed business assets
Business trading assets
Personal residential & investment property
New Equipment – 75% of net book value or 80% of orderly liquidation appraised value
Used Equipment – 50% of net book value or 80% of orderly liquidation appraised value
Commercial Real Estate – 85% of appraised value
Residential & Investment Real Estate – Lender’s normal valuation for non-SBA guaranteed loan
Trading Assets – 10% of current book value & only must be taken if lender does on similarly sized non-SBA guaranteed loans

Franchises &
Size Determination




The term “franchise agreements” refers to all franchise, license, dealer, jobber or similar agreements
The two parties involved in any of those agreements are referred to as “franchisor” & “franchisee”



The agreement cannot exert undo control over the franchisee or an affiliation exists

Franchise Agreement Review & Determination
Loans processed through Citrus Heights except CLP – SBA Review
PLP, SBA Express, other delegated processing methods – Lender Review or they can be submitted to DelegatedFranchiseReviews@sba.gov
Check www.franchiseregistry.com
to see if the franchise agreement has been approved previously by the SBA Franchise Committee for size/affiliation & control issues
If not on the Franchise Registry check the SBA Franchise Findings List available at www.sba.gov/content/franchise-findings

Check For Prior Loss or Debarment


Delegated lenders are responsible for accessing the records in
E-Tran to determine if any of the individuals or businesses experienced a Prior Loss.
Lenders must check CAIVRS for borrowers


Individuals and entities suspended, debarred, revoked, or otherwise excluded under the SBA or Government-wide debarment regulations are not permitted to conduct business with SBA, including participating in an SBA-guaranteed loan.
Lenders must check SAM for employees/agents

CAIVRS is used to determine if a loan applicant has a Federal debt that is currently in default or foreclosure or has had a claim paid by the reporting agency within the last 3 years.
Unless, you are sending the loan package to SLP for a decision,
you must pull a report and maintain in your file.
If you are not set up for CAIVRS, please contact me as soon as possible for instructions on how to get access.

 Enter your User ID and Password into the “pop up box.”
 CAIVRS Prescreening is where you enter the tax id numbers for the small businesses
(EIN) and the owners/guarantors (SSN).
 Limit of 5 per inquiry screen.
 Enter your Lender EIN number (tax id).
(Do not enter any dashes or spaces in the EIN number.)
 For SBA loans, your lender ID is your company's tax ID (EIN), followed with a capital "T". Enter your company's nine digit Tax ID in the lender ID box, DO
NOT USE ANY DASHES, followed immediately with a capital "T"
(*********T).
 For the Agency, select Small Business
Administration.
 Press send.

If the report results show no delinquent federal debt:
 Print a copy and include it in your loan file.
If the report results do show a delinquent federal debt:
 Print a copy for your loan file.
 Call the phone number shown on the report.
 Supply the information to the applicant.
 Have the applicant get the debt resolved.
 Have the applicant bring you verification, from the agency in question, that the debt has been satisfied.
 Keep the verification documents in your loan file.

Other Items of Note…







A “qualified source” is an individual who regularly receives compensation for business valuations and is accredited by one of the following recognized organizations:
1. Accredited Senior Appraiser (ASA) accredited through the American
Society of Appraisers;
2. Certified Business Appraiser (CBA) accredited through the Institute of
Business Appraisers;
3. Accredited in Business Valuation (ABV) accredited through the American
Institute of Certified Public Accountants;
4. Certified Valuation Analyst (CVA) accredited through the National
Association of Certified Valuation Analysts; and
5. Accredited Valuation Analyst (AVA) accredited through the National
Association of Certified Valuation Analysts.
Refinance of change of ownership debt no longer requires a valuation

Benefits to Express



Follows lenders’ own underwriting polices

Can use a “credit score” model

Can use credit cards to access the line of credit
Lenders are not required to take collateral for loans up to
$25,000.
Uses lenders own collateral policy for loans above $25,000

Do not have to take personal residence

Express Activity (3/21/14)
Nationally: 51% of all loans approved
MA: 76% of all loans approved

SBA has authorized SBA Express, Export Express and
SBA Veterans Advantage to make the credit decision without prior SBA review. The credit analysis must demonstrate that there is a reasonable assurance of repayment. The lender is required to use appropriate, prudent and generally accepted industry credit analysis processes and procedures (which may include credit scoring), and these procedures must generally be consistent with those used for its similarly sized non-
SBA guaranteed commercial loans. Lenders that do not use credit scoring for their similarly sized non-SBA guaranteed commercial loans may not use credit scoring for SBA Express or Export Express.

Veterans Advantage
SBA developed the SBA Veterans Initiative to support the entrepreneur segment of the Nation’s military community
(including spouses). This initiative uses streamlined documentation and processing features as SBA Express.
Must be processed thru ETRAN
Maximum Loan amount - $350,000
Guaranty 50%
Currently loan fees are waived for veterans up to $350K

Veterans Advantage
Eligibility for Veterans Advantage is limited to businesses that meet SBA’s standard eligibility requirements discussed above and that are
51% or more owned and controlled by an individual or individuals in one or more of the following groups:

Veterans

Service Disabled Veterans

Soon to be discharged active-duty service members eligible for the military’s Transition Assistance Program

Active Reservist and National Guard Members

Current spouses of any of the above

The widowed spouse of a service member or veteran who died during service or of a service-connected disability

Veterans Advantage
Lenders must document in their loan file a borrower’s eligibility for Veterans
Advantage using the following DOD/DVA documentation, including the 51% ownership by the above, and must present copies of that documentation with any request to SBA to purchase: a) Veteran: Copy of Form DD 214, which is provided for other than dishonorably discharged veterans. b) Service-Disabled Veteran: Copy of Form DD 214 or documentation from the DVA that the veteran has been determined as having a service-connected disability. c) Service Member: DOD photo card (Geneva Convention Identification Card) and Form DD 2648 (active duty service member) or Form 2648-1 (reserve component member). d) Transitioning Active Duty Military Member: DD Form 2, "U.S. Armed Forces Identification Card (Active)," or
DD Form 2, "Armed Forces of the United States Geneva Conventions Identification Card (Active)" and, DD
Form 2648 (Active Duty Military member) or DD Form 2648-1 (Reserve Component member ). e) Reservists and National Guard: DD Form 2, Armed Forces of the United States Identification Card (Reserve). f) Current Spouse of Veteran: The veteran’s Form DD 214 and evidence of status as a current spouse. g) Current Spouse of Transitioning Active Duty Military Member or Current Reservist/National Guard Member:
DD Form 1173, Department of Defense Guard Reserve Family Member Identification Card and evidence of status as the current spouse. h) Widow of Active Duty Service Member who died in service or Widowed Spouse of Veteran who died of a service connected disability: Documentation from DOD or from DVA clearly showing this to be the case.

Export Express
The Export Express Program is designed to help SBA meet the export financing needs of small businesses too small to be effectively met by existing SBA export loan guaranty programs. It is generally subject to the same loan processing, making, closing, servicing, and liquidation requirements as well as the same maturity terms, interest rates, and applicable fees as the SBA Express Loan Program.
Increased Maximum Loan amount - $500,000
Increased Guarantee – 90% for loans of $350,000 or less - 75% for loans over $350,000 up to
$500,000.

Export Express

Additional Eligibility Requirements for Export Express
 a) Must have been in operation, although not necessarily in exporting, for at least 12 full months. However, applicants that have been in operation for less than 12 months are eligible if both of the following conditions are met:

(1) The applicant’s key personnel have clearly demonstrated export expertise and substantial previous successful business experience, and

(2) The lender processes the Export Express loan using conventional commercial loan underwriting procedures and does not rely solely on credit scoring or credit matrices to approve the loan.
Evidence of compliance with both of these requirements must be retained by the lender in its file.

 b) Small Business Applicants with operations, facilities or offices overseas, other than those strictly associated with the marketing and/or distribution of products/services exported from the U.S., are not eligible for Export Express, although they may be eligible for other
SBA 7(a) financial assistance. c) Lender must maintain in its loan file information provided by the borrower as it pertains to the use of proceeds for export development activities and its projected impact on the borrower’s export sales along with an estimate of the borrower’s export sales for the 12 month period following the date of the loan application.

Form 912
If your borrower has answered “yes” to any of the following questions:
Are you presently under indictment, on parole or probation?
( IF YES, APPLICANT IS NOT ELIGIBLE FOR AN SBA LOAN ) or
Have you been arrested in the past 6 months for a any criminal offense or
Have you ever been convicted, plead guilty, plead nolo contendere, placed on pretrial diversion, or placed on any form of probation, including probation before judgment other than a minor vehicle violation?
If so
You will need to complete the 912 FORM

Form 912
If there is a “yes” response, the lender must take the following actions:
The lender must obtain a complete understanding of the reason(s) for the “yes” response and when necessary for clarification, the lender must obtain additional written explanation from the Subject Individual to include the following:











(a) Date of the offense(s) including month, day and year. If the actual day is not known, include the month and year.
(b) City and state or the county and state where the offense(s) occurred.
(c) The specific charge(s) [DUI, assault, forgery, robbery etc.] AND the level of the charge; (either a misdemeanor or felony).
(d) Disposition of the charge(s). This may include but is not limited to the following:
(i) Any fines imposed;
(ii) Any class or workshop to be attended;
(iii) Any jail time served;
(iv) If applicable, the terms of probation (including evidence and dates of successful conclusion of the probation); or
(v) Any other court conditions (such as registration as a sex offender).
(e) Assuming the court’s conditions have been met, the applicant should state that all conditions of the court have been satisfied in his explanation and provide court documents evidencing that these conditions were met.
(f) The borrower’s dated signature on the explanation.

Form 912
If the affirmative activity is not the 3 minor offenses over 10 years or 1 single misdemeanor as indicated in previous slide, the lender cannot clear the application for processing, the Form 912 and any supporting documentation must be sent to the MA
District Office, which will forward it to the OIG/OSO for processing.
Currently, SBA conducts two types of background checks: (1) a
Name Check, which requires a search of available records based on a person’s name and social security number (SSN); and (2) a
Fingerprint Check, which searches available records based on the person’s name and SSN plus a complete and legibly written FD-
258 Fingerprint Card.
These background checks can take from 6-8 weeks.

Aliens Form G-845
Aliens must provide their alien registration number on SBA Form 1919.
Lenders must obtain a copy of the individual’s USCIS documentation .
All lenders must register designated personnel with the SLPC at
Sacramento504Register@sba.gov. Please send name of lender, lending institution, bank’s address and phone number to Sacramento504register@sba.gov
The SLPC will respond to such requests by providing instructions on how to complete registration and to use the electronic verification process.
As required by USCIS, SBA will release information about the status of an alien to lenders or other non-governmental entities ONLY when a signed and dated authorization from the alien is attached to and submitted with the 845 on that alien providing name, address and date of birth.

FOR $350K and Under – Small SBALOANS
912 (criminal activity, if applicable)
845 Alien (green card, if applicable)
Form 4506-T is to be faxed in to IRS, response and original form to be retained in file.
Please submit information in ETRAN, upload completed forms using “Documents Upload” feature the 1919, 1920 forms, credit memo, and all other related information, hit submit button.

What documents do you need to send in?
FOR $350K and Over LOANS
As of 3/1/14 lenders are required to submit applications to the LGPC using the 10-Tab format for all loan guaranty requests




After SBA approves the loan guaranty, an Authorization will be issued for the loan using the required language in the National
7(a) Authorization Boilerplate.
The Authorization is not a loan agreement. It is a contract between the Lender and SBA, who each sign the Authorization, indicating specific conditions which must be met for SBA to provide a guaranty on a loan made by the Lender to a
Borrower.
The requirements of the Authorization are directed to the
Lender not the Borrower, and the Borrower does not sign the authorization.


The Authorization spells out the terms of the loan, including the amount, interest rate, any other terms and conditions including collateral requirements, etc., and SBA’s guaranty.

Authorizations do not need to be sent or faxed in

Please retain in your file.

After the Loan is made
The lender must obtain all required collateral and must meet all other required conditions before loan disbursement, including obtaining valid and enforceable security interests in any loan collateral.
These conditions include requirements identified in the loan write-up, such as standby agreements, appraisals, business licenses, and cash/equity injections. In addition, for
SLA loans over $250,000 that are collateralized by commercial real estate, the lender must comply with the appraisal policy set forth in Chapter 4.

Teri Hendrix 916.735.1961
7aloanmod@sba.gov
Include Business name, loan number, lender phone/fax number
Within 10 days from approval
ALL MODIFICATIONS DONE IN CA
TO FINAL DISBURSEMENT

After the Loan is made
Closing, Servicing and Liquidation
The SBA Express lender must close, service, and liquidate its SBA Express loans using the same reasonable and prudent practices and procedures that the lender uses for its non-SBA guaranteed commercial loans.




Mandatory on all 7a loans with an outstanding SBA guaranty, regardless of payment activity.
Promptly notify SBA of cancelled or withdrawn loans.
Reporting period includes the first calendar day through the last calendar day of the prior month.
Colson Customer Service www.colsonservices.com
Telephone: 1-877-245-6159 e-mail: info@colsonservices.com

Unilateral Servicing Authority
For all loan servicing actions not requiring SBA’s prior written consent, lenders must document the justifications for their decisions and retain these and supporting documents in their file for future SBA review to determine if the actions taken by the lender were prudent, commercially reasonable and complied with all Loan Program
Requirements.

7a Lender Matrix

•
•
•
•
•
•
•
•
•
Cancel undisbursed loans.
Terminate guaranty on disbursed loans.
Decrease undisbursed loans.
Change the use of proceeds, which does not involve an increase to loan.
Changes to maturity date or months on loans which have not matured.
Change loans from revolver to term or vice versa.
Change legal/trade name or address.
Change project from rural to urban or vice versa.
Change principal(s) gender, race, veteran status, citizenship.

Extension of Maturity Date
Subject to the general requirements in Paragraph A, the maturity date of a Note may be extended for up to 10 years beyond its original maturity date if: a. The extension is requested before the SBA loan guaranty expires, i.e., less than 180 calendar days after the original maturity date and b. The extension will aid in the orderly repayment of the loan
See page 50 of SOP 5057

Should Include:
–
–
–
–
–
–
Statement of the proposed action.
What makes the request necessary/impact on the SBC.
Loan status.
Financial statement analysis.
Loan collateral analysis (“before” the modification and
“after” the modification).
Lender must obtain the consent of all loan obligors/guarantors.
Note: Typically, the lenders’ internal credit memorandum will suffice.
Send to:

102

 Reduce 5 subprograms to 4 :
 Working Capital CAPLines (formerly Standard
Asset Based CAPLines and Eliminated Small Asset
Based CAPLines, maximum line amount $200,000.)
 Contract CAPLines


Seasonal CAPLines
Builder’s CAPLines
 Delegated processing for PLP Lenders
103




104

General Requirements

Eligibility
•
•
The applicant must qualify under Standard 7(a) requirements.
The applicant must sell on credit and create accounts receivable

Use of Proceeds
•
•
Finance short term working capital/operating needs.
May refinance existing short-term revolving debt.

Must NOT be used to
•
•
Pay delinquent withholding taxes or similar trust funds (state sales taxes, etc.), or for floor planning.
To acquire fixed assets.
If lender discovers the line was used to finance a fixed asset; it must refinance that portion of the line into an appropriate term facility no later than 90 days after the discovery.

Determining Cash Cycle Days
The cash cycle is the number of days a business takes from the time it acquires inventory, provides a service, manufactures a product etc., until it collects the cash from its sale of that inventory, service, or product. To measure the length of the applicant cash cycle – compute turnover ratios and convert into days .
Receivable Turnover (ARTO) days
+
Inventory Turnover (ITO) days
-
Payable Turnover (APTO) days
=
Cash Cycle days

Determining Loan Amount
To determine the maximum loan amount, the lender must follow its established policies and procedures utilized on its similarly sized, non-SBA guaranteed Commercial Lines of
Credit.* The key is the correct calculation of the business cash cycle .
a.) Net Sales for prior year OR $1,000,000.00
The lender may use the following formula:
Multiply daily sales figure by number of days c.) to finance (whatever number is the business cash cycle)
30 d.)
The result will be the estimated working capital needs
Example
$81,000.00
Per year
Per day
Days
Estimated Need

Determining Cash Cycle Days

Why is it important to calculate CASH CYCLE
DAYS?
Cash Cycle Days are included in the Loan Authorization.

Used to determine date for final disbursement.

Non-delegated processing will use cash cycle days as part of their review process to determine if the loan amount requested is reasonable.

Maximum line amount tied to the borrower’s cash cycle.

Principal payments tied to the borrower’s cash cycle.

Collateral Requirements
 If the lender is Using a borrowing base certificate (BBC)
•
Lender must obtain a first lien on the applicant’s working /trading assets (i.e.,
A/R, INV).

If the lender is Not using a borrowing base certificate (BBC)
•
•
•
Lender must obtain a first lien position on the working/trading assets financed with the line.
If the working/trading assets are insufficient to provide a 1:1 collateral ratio, the lender also must take additional collateral to ensure there is a 1:1 collateral ratio.
If business assets do not fully secure the loan, the lender must take available personal assets of the principals as collateral to ensure there is a 1:1 collateral ratio.

Collateral Requirements

Determining collateral value:
•
A maximum of 80% Advance Rate is allowed on eligible A/R.
•
A maximum of 50% Advance Rate is allowed on eligible Inventory.
•
Machinery and Equipment is allowed at 50% of Net Book Value (NBV) or
80% of Orderly Liquidation Value minus any prior liens.
•
Real estate is allowed at 85% of the value.
•
•
An independent appraisal by a qualified individual must be obtained by lender to value fixed assets greater than their NBV.
After initial disbursement, lenders have unilateral authority to increase or decrease the advance rate for receivables and/or inventory by 5% above or below rate stated in Authorization.

Collateral Requirements
Examples of an ineligible receivable:
1)
2)
Any invoice more than 90 days past due. (exceptions are permitted with SBA’s prior written concurrence)
A customer who is delinquent on more than 50% of its total outstanding invoices.
ALL accounts from that customer are ineligible.
3)
4)
5)
6)
7)
All re-billed accounts - the practice of issuing a credit to a customer and reinvoicing the obligations in the current billing cycle.
Foreign receivables not backed by documentation such as standby letters of credit, credit insurance, etc.
Contra accounts such as an offsetting receivable and payable between the borrower and one of its creditors.
Accounts due from affiliate companies.
Accounts that require subordination to other parties—such as Government contracts that require an assignment of the projects receivables.

Principal & Interest
Payment Requirements

There is no provision for Interest only payments.
• Interest must be paid at least monthly
• Interest only payments for any period exceeding the borrower’s cash cycle, seasonal cycle, contract final payment date or project completion date are not permitted.
 Principal payments are tied to the borrower’s cash cycle.

Level of Funds Control & Monitoring
 The level of funds control for a Working Capital CAPLine, whether a BBC is used or not, is
determined by the banking relationship the lender has with the borrower.
• If the lender has the borrower’s deposit accounts, the lender is not required to utilize cash collateral accounts or other types of controlled accounts, but must follow its established procedures for its similarly-sized, non-SBA guaranteed commercial lines of credit to monitor payments received.
• If the lender does not have the borrower’s deposit accounts, then the lender must utilize some form of controlled account as follows:
 The customer of the borrower can be instructed to send their remittances via joint payee checks payable to lender and borrower, to the lender; or
 Lock box (bank account under lender control where borrower’s customers remit payments for accounts receivable).

Level of Funds Control & Monitoring
Using a BBC

When a BBC is used the minimum monitoring requirements are:
•
Monthly – BBC; Aging of A/R & A/P; and INV (if advanced against).
•
Quarterly – Borrower prepared financial statements
•
Annually – For $1,000,000 or less; credit review including a cash flow analysis, concentration analysis, collateral analysis, owner/guarantor credit review, and annual site visit.
•
Annually – For more than $1,000,000; same as above plus Annual Field
Examination.

Level of Funds Control
Not Using a BBC – 1:1 collateral

When a BBC is not used the minimum requirements are:
Use financial covenants consistent with those used on Lender’s similarly sized, non-SBA guaranteed commercial lines of credit –
Tested Quarterly, Semi-Annually or Annually.
Annually:
•
At a minimum; conduct a credit review including a cash flow analysis, collateral analysis to ensure there is a 1:1 collateral ratio, owner/guarantor credit review, and annual site visit.
•
For $1,000,000 or less; obtain borrower prepared financial statements and tax returns.
•
For more than $1,000,000; obtain compiled, reviewed or audited financial statements and tax returns.

Level of Funds Control & Monitoring

Annual Field Examination - for loans more than
$1,000,000
•
Must be conducted by the lender’s staff or a 3 rd party.
•
Complete a physical verification of the assets which compose the BBC, including a sampling of the assets.
•
At a minimum, an examination must be conducted prior to the initial disbursement and annually thereafter.
•
The lender should describe the level and frequency of examinations in the credit memorandum based on the quality of the records, risk profile of the borrower, and seasonality of the line.

Application Process
 For PLP and non-Delegated loans- use SBA Forms 1919 and 1920SX Parts
B&C. The lender should also use their own documents including the Credit
Memorandum. E-Tran submission for SBA approval is required.
 Include comment if lender will use BBC or 1:1 collateral ratio.
 Include comment on use of deposit account or controlled account.
 Include cash cycle days used to determine short term working capital need.



Proceeds can be used to finance all costs (excluding profit), previously only labor and materials.
Contract CAPLine proceeds may not be used for:
 permanent working capital,

 to acquire fixed assets, to pay delinquent taxes or similar funds held in trust (directly or indirectly),

 to finance a contract in which significant performance has already begun, for change of ownership
 Floor plan financing;


 to cover any mark-up or profit; to finance the performance of another contract or sub-contract; or in repayment of a different contract or sub-contract.
118

 Assignment of Contract Proceeds :
 Subject to the exception noted below, prior to initial disbursement on any Contract CAPLine, the entity the borrower has entered into the contract with must be advised in writing by both the lender and borrower that an assignment of the contract proceeds is required. Such assignment must be in place before any disbursement for a particular contract is made and include a provision for the lender’s right to receive all payments from the third party. The lender must receive written acknowledgement from the third party.
 Exception to the Assignment of Contract Proceeds : An assignment of the contract proceeds may be foregone, if at least two of the following conditions are met:
 The term of the contract being financed is 12 months or less;




A successful track record between the borrower and the contracting authority exists relative to the same or reasonably similar contracts. (The definition of a “successful track record” includes but is not limited to, any prior contractual arrangement between the subject parties, where the responsibilities of each party under the contract were met to the satisfaction of all parties to the contract.);
Financial analysis of historical income statements and/or tax returns and pro-forma financial statements show that the applicant has a Debt Service Coverage ratio that exceeds
1:1;
All contract proceeds are paid directly to the lender by the contracting authority or, in the instance where a performance bond is in place, a Funds Control (or escrow or third party servicer) procedure is implemented; or
There is other available and worthwhile collateral pledged to secure the line by either the borrower or any owner/guarantor.
119

Contract CAPLines Program—Eligible Contracts and
Purchase Orders


A contract between a prime and subcontractor, a contract with Performance bonds, and a purchase order is eligible for financing under Contract CAPlines provided the lender satisfies the section 2 (a) on page 218 of the SOP 50 10 5(F) and satisfies the following:
Prime and Subcontractor Contracts : a contract between a Prime and
Subcontractor is eligible to be financed with a Contract CAPLine, if at least two of the following conditions are met:


Both the Prime and the Subcontractor have favorable credit ratings based on an acceptable rating agency (e.g., Builders Industry Credit Association “BICA”);
There is a successful track record between the Prime contractor and the
Subcontractor (borrower);
 There is a successful track record between the Prime contractor and the contracting authority;


The Contract CAPLine amount is less than $300,000;
The term of the contract is 12 months or less;
 The financial analysis of historical income statements and/or tax returns and proforma financial statements show that the applicant has a Debt Service Coverage ratio that exceeds 1:1; or
 There is other available and worthwhile collateral pledged by either the borrower or any owner/guarantor.

120

Contract CAPLines Program—Eligible Contracts and
Purchase Orders


Contracts with Performance Bonds : a contract requiring a Surety’s performance bond may be eligible for a Contract CAPLine provided the lender perfects a UCC security interest in the contract proceeds.
 SBA recognizes the following conditions may be necessary to effectuate the transaction where a contract requires a Surety’s performance bond:
 The lender’s perfected UCC security interest in the contract proceeds will be subordinate to the cost reimbursement claim of the Surety; and
 The Surety may require that a funds control facility be executed. The funds control facility would disburse directly to suppliers and laborers. The contracting authority will remit contract proceeds directly to the funds control facility, which will remit payment to the lender.
Purchase Orders under a Master Agreement : Purchase Orders (PO) may be substituted for a formal contract, provided the following conditions exist:
 The PO is issued to the borrower under a Master Agreement; and
 The combination of the PO and the Master Agreement constitute a binding agreement.
121


Thank You!







Q & A
Anne.Hunt@sba.gov
617- 565- 5577
Gregory.Gould@sba.gov
401-528 -4561
Darrell.Dante@sba.gov
617 -565 -5169