The
basics of the 7(a) program:
7(a) loans are the most basic
and most used type loan of SBA's business
loan programs. Its name comes from
section 7(a) of the Small Business
Act, which authorizes the Agency to
provide business loans to American
small businesses.
7(a) loans are only
available on a guaranty basis. This
means they are provided by lenders
who choose to structure their own
loans by SBA's requirements and who
apply and receive a guaranty from
SBA on a portion of this loan. The
SBA does not fully guaranty 7(a) loans.
The lender and SBA share the risk
that a borrower will not be able to
repay the loan in full. The guaranty
is a guaranty against payment default.
It does not cover imprudent decisions
by the lender or misrepresentation
by the borrower.
Under the guaranty concept,
commercial lenders make and administer
the loans. In essence, this means
that the BANK will provide the financing
to the borrower, NOT the SBA. If the
bank is not willing to provide the
loan, even if they may be able to
get an SBA guaranty, the SBA can not
force the lender to change their mind.
Neither can SBA make the loan by itself
because the SBA does not have any
money to lend.
The process:
Reliant Capital Funding sends your
application to the bank (lender).
The lender decides if they will make
the loan internally (conventional
loan) or if the application has some
weaknesses (or if the borrower lacks
experience) which, in their opinion,
will require an SBA guaranty if the
loan is to be made. The guaranty which
SBA provides is only available to
the lender. It assures the lender
that in the event the borrower does
not repay their obligation and a payment
default occurs, the Government will
reimburse the lender for its loss,
up to the percentage of SBA's guaranty
(see below). Under this program, the
borrower remains obligated for the
full amount due.
SBA's 7(a) Loan Program
has a maximum loan amount of $2 million
dollars. SBA's maximum exposure is
$1.5 million. Thus, if a business
receives an SBA guaranteed loan for
$2 million, the maximum guaranty to
the lender will be $1.5 million or
75 percent.
What SBA seeks in a
loan application:
In order to get a 7(a) loan, the applicant
must first be eligible. Repayment
ability from the cash flow of the
business is a primary consideration
in the SBA loan decision process but
good character, management capability,
collateral, and owner's equity contribution
are also important considerations.
All owners of 20 percent or more (principals)
are required to personally guarantee
SBA loans.
Eligibility
Criteria:
All applicants must be eligible to
be considered for a 7(a) loan. The
eligibility requirements are designed
to be as broad as possible in order
that this lending program can accommodate
the most diverse variety of small
business financing needs. All businesses
that are considered for financing
under SBA’s 7(a) loan program
must: meet SBA size standards, be
for-profit, not already have the internal
resources (business or personal) to
provide the financing, and be able
to demonstrate repayment. Certain
variations of SBA’s 7(a) loan
program may also require additional
eligibility criteria. Special purpose
programs will identify those additional
criteria.
Character Considerations:
SBA must determine if the principals
of each applicant firm have historically
shown the willingness and ability
to pay their debts and whether they
abided by the laws of their community.
The Agency must know if there are
any factors which impact on these
issues. Therefore, a "Statement
of Personal History (Form 912)"
is obtained from each principal.
Maturity/Term
of Loan:
SBA loan programs are generally intended
to encourage longer term small business
financing but actual loan maturities
are based on: the ability to repay,
the purpose of the loan proceeds,
and the useful life of the assets
financed. However, maximum loan maturities
have been established: twenty-five
(25) years for real estate and equipment;
and, generally seven (7) years for
working capital.
Loans for working capital
purposes will not exceed seven (7)
years, except when a longer maturity
(up to 10 years) may be needed to
ensure repayment. The maximum maturity
of loans used to finance fixed assets
other than real estate will be limited
to the economic life of those assets
- but in no instance to exceed twenty-five
(25) years. The 25-year maximum will
generally apply to the acquisition
of land and buildings or the refinancing
of debt incurred in their acquisition.
Where business premises are to be
constructed or significantly renovated,
the 25-year maximum would be in addition
to the time needed to complete construction.
(Significant renovation means construction
of at least one-third of the current
value of the property.) New business
acquisition loans would mature after
10 years.
When loan proceeds will
be used for a combination of purposes,
the maximum maturity can be a weighted
average of those maturities, which
results in level payments. (this varies
from bank to bank)
i.e: Consider the following scenario:
Purchase price for a business with
property is $1,500,000. The allocations
on the contract are as follows: $1,000,000
for the property, $500,000 for the
business. Normally, the bank will
the weighted average. Since the property
is eligible for a 25 year term, and
the business is eligible for 10 years,
the weighted average would be:
1) Property: $1,000,000/$1,500,000=0.667,
0.667*25 years=16.7 years
2) Business: $500,000/$1,500,000=0.33,
0.33*10 years = 3.3 years
3) 16.7 years + 3.3 years = 20 years.
The loan in this scenario would be
amortized over 20 years.
SBA Guarantee
Fee:
To offset the costs of the SBA's loan
programs to the taxpayer, the SBA
charges lenders a guaranty fee and
a servicing fee for each loan approved
and disbursed. The amount of the fees
are based on the guaranty portion
of the loans. The lender may charge
the upfront guaranty fee to the borrower
after the lender has paid the fee
to SBA and has made the first disbursement
of the loan. The lender's annual service
fee to SBA cannot be charged to the
borrower.
For loans approved
on or after December 8, 2004, the
following fee structure applies:
• For loans of $150,000 or less,
a 2 percent guaranty fee will be charged.
Lenders are again permitted to retain
25 percent of the up-front guarantee
fee on loans with a gross amount of
$150,000 or less.
• For loans more than $150,000
but up to and including $700,000,
a 3 percent guaranty fee will be charged.
• For loans greater than $700,000,
a 3.5 percent guaranty fee will be
charged.
• For loans greater than $1,000,000,
an additional .25 percent guaranty
fee will be charged for that portion
greater than $1,000,000. The portion
of $1,000,000 or less would be charged
a 3.5 percent guaranty fee. The portion
greater than $1,000,000 would be charged
at 3.75 percent.
Pre Payment
Penalty:
All SBA loans have a standard 3 year
Pre Payment Penalty (PPP). If you
prepay within the first three years,
you are penalized a percentage of
the remaining principal that you pay
back, as per the following: 5% of
remaining prinicpal in the first year,
3% of remaining prinicpal in the second
year, and 1% of remaining prinicpal
in the third year.
Various parts of
this webpage are referenced from the
Small Business Administration’s
website.
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