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Article by, Brent Virkus of Find the Capital and TRiTON Capital Advisory

Now that the economy seems to be getting better, we are getting a lot of questions from our clients about SBA financing for their small business and real estate investments. In this article, we thought we would give you a quick rundown on exactly what an SBA loan is and how it works.

Whether you’re looking to expand your business, purchase or refurbish equipment, take on new real estate or refinance an existing mortgage or agreement, a small business administration (SBA) loan can achieve modified financing in order to help your company grow.

An SBA loan has been the answer to many cash-flow issues that otherwise successful businesses have had.  This business loan is guaranteed in part by the U.S. Small Business Administration and can offer certain small business-specific benefits which are not available with other types of loans.  These loans can be used for a wide range of purposes and are often utilized in order to support owner-occupied commercial property, maintain or purchase new equipment, as working capital, for furniture or fixtures, with leasehold improvements, for debt refinancing and for start-up capital. Types of SBA Loans:

SBA 7(a)

Who is Eligible:

SBA provides loans to businesses — not individuals — so the requirements of eligibility are based on aspects of the business, not the owners. As such, the key factors of eligibility are based on what the business does to receive its income, the character of its ownership and where the business operates.

SBA generally does not specify what businesses are eligible. Rather, the agency outlines what businesses are not eligible.  However, there are some universally applicable requirements. To be eligible for assistance, businesses must:

• Operate for profit
• Be small, as defined by SBA
• Be engaged in, or propose to do business in, the United States or its possessions
• Have reasonable invested equity
• Use alternative financial resources, including personal assets, before seeking financial assistance
• Be able to demonstrate a need for the loan proceeds
• Use the funds for a sound business purpose
• Not be delinquent on any existing debt obligations to the U.S. government

Ineligible Businesses

A business must be engaged in an activity SBA determines as acceptable for financial assistance from a federal provider. The following list of businesses types are not eligible for assistance because of the activities they conduct:

• Financial businesses primarily engaged in the business of lending, such as banks, finance companies, payday lenders, some leasing companies and factors (pawn shops, although engaged in lending, may qualify in some circumstances)
• Businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds (except when the property is leased to the business at zero profit for the property’s owners)
• Life insurance companies
• Businesses located in a foreign country (businesses in the U.S. owned by aliens may qualify)
• Businesses engaged in pyramid sale distribution plans, where a participant’s primary incentive is based on the sales made by an ever-increasing number of participants
• Businesses deriving more than one-third of gross annual revenue from legal gambling activities
• Businesses engaged in any illegal activity
• Private clubs and businesses that limit the number of memberships for reasons other than capacity
• Government-owned entities
• Businesses principally engaged in teaching, instructing, counseling or indoctrinating religion or religious beliefs, whether in a religious or secular setting
• Consumer and marketing cooperatives (producer cooperatives are eligible)
• Loan packagers earning more than one third of their gross annual revenue from packaging SBA loans
• Businesses in which the lender or CDC, or any of its associates owns an equity interest
• Businesses that present live performances of an indecent sexual nature or derive directly or indirectly more 2.5 percent of gross revenue through the sale of products or services, or the presentation of any depictions or displays, of an indecent sexual nature
• Businesses primarily engaged in political or lobbying activities
• Speculative businesses (such as oil exploration)

There are also eligibility factors for financial assistance based on the activities of the owners and the historical operation of the business. As such, the business cannot have been:

• A business that caused the government to have incurred a loss related to a prior business debt
• A business owned 20 percent or more by a person associated with a different business that caused the government to have incurred a loss related to a prior business debt
• A business owned 20 percent or more by a person who is incarcerated, on probation, on parole, or has been indicted for a felony or a crime of moral depravity

Special Considerations

Special considerations apply to some types of businesses and individuals, which include:

• Franchises are eligible except when a franchiser retains power to control operations to such an extent as to equate to an employment contract; the franchisee must have the right to profit from efforts commensurate with ownership
• Recreational facilities and clubs are eligible if the facilities are open to the general public, or in membership-only situations, membership is not selectively denied or restricted to any particular groups
• Farms and agricultural businesses are eligible, but these applicants should first explore Farm Service Agency (FSA) programs, particularly if the applicant has a prior or existing relationship with FSA
• Fishing vessels are eligible, but those seeking funds for the construction or reconditioning of vessels with a cargo capacity of five tons or more must first request financing from the National Marine Fisheries Service
• Privately owned medical facilities including hospitals, clinics, emergency outpatient facilities, and medical and dental laboratories are eligible; recovery and nursing homes are also eligible, provided they are licensed by the appropriate government agency and they provide more than room and board
• An Eligible Passive Company (EPC) must use loan proceeds to acquire or lease, and/or improve or renovate, real or personal property that it leases to one or more operating companies and must not make any profit from conducting its activities
• Legal aliens are eligible; however, consideration is given to status (e.g., resident, lawful temporary resident) in determining the business’ degree of risk
• Probation or parole:  Applications will not be accepted from firms in which a principal is currently incarcerated, on parole, on probation or is a defendant in a criminal proceeding

 

Use of 7(a) Loan Proceeds