Sba Loan Signed Closing Documents


Any loan offered to you (sole proprietorship) or your business by the SBA after reviewing your application has a 12-month grace period without payment or “deferral” from the day the approved SBA loan note is signed. Interest of apr. 3.75% will continue to accrue during the deferral period, but no payments are due for 12 months. The amount of the loan, its terms, the duration of the entire loan (month of repayment) are all determined by the SBA loan agent on a case-by-case basis, depending on each borrower`s ability to repay and the documents provided by the borrower. All of this will be presented to you by your SBA loan agent and discussed with you once the exam is complete. These loans come DIRECTLY from the SBA. They don`t go through a lender or bank like a regular SBA loan. Lenders must document the injection of equity at the same time as the use of the proceeds – at closing. The lender cannot repay a loan until it has provided proof of a required equity injection. Prepare all the necessary loan documents and have these documents signed by the appropriate person(s), including spouses, if necessary Various documents are required for different types of legal entities (e.g.

B companies, sole proprietorships, partnerships, limited liability companies and limited liability companies). Several common types of legal structures and their required documents are listed in the authorization. This list provides lenders with general advice on the documents required for different types of businesses and takes into account changes in the organizational structure that may be made prior to closing. Lenders must notify the SBA of any changes to the structure or organization of the borrower or operating company and submit material changes to the authorization for approval by the SBA. Disbursement of loan proceeds only for the purposes specified in the authorization This agreement includes access to the franchisor`s books, 30 days` notice to the lender of the intention to terminate the franchise agreement, which gives the lender the opportunity to remedy, and deferral of payments of franchise fees if the loan defaults. If these requirements cannot be met, they may be waived if there are minimal credit effects, if these agreements are not in place. Fixed-rate loans – Include the actual fixed interest rate, para. B example SBA Form 155 `10%`, which does not make the collateral held by the reserve creditor subject to the same guarantee pledged to guarantee the repayment of the SBA loan. This objective must be achieved by a separate subordination agreement.

If the company has used working capital to purchase physical assets, these funds can be repaid to the company (and not to the owner) from the proceeds of the SBA loan with the appropriate documentation. In addition to the bond and insurance provisions discussed above, the SBA imposes certain documentation requirements on the lender if the portion of the mortgage secured by the SBA exceeds $125,000. For example, the lender is required to obtain a copy of the borrower`s construction contract, which must not exceed a certain price. Approval sets out provisions that must be included in the construction contract with respect to the borrower who requests or accepts significant changes in the plans. If the borrower invests its own funds in the construction project, the lender must prove that it has done so before disbursing the loan funds guaranteed by the SBA. If the IRS has not responded within 10 business days of the time the lender filed the 4506T, the lender can disburse the loan, but must still request a response from the IRS, if necessary by resubmitting the 4506T, and must make the necessary settlement. The lender can create its own payment plan provided that all loan proceeds are disbursed within 24 months of the date of approval. The borrower must insure real estate and personal property, including machinery, equipment, furniture, furnishings and inventory, i.e. credit guarantees equal to its full replacement costs. If the borrower is unable to insure the property at replacement cost, coverage must apply to the maximum insurable value. The insurance policy must provide written notice to the lender at least 10 days prior to the termination of the policy and include a MORTGAGE CLAUSE /PAYABLE CLAUSE OF LOSS OF THE LENDER (or equivalent) in favour of the lender and indicate that any act or negligence of the mortgage debtor or the owner or the insured property does not invalidate the lender`s insurable interests.

An SBA 159 form must be completed for each representative the borrower hires to help obtain financial assistance. This requirement applies to any person (or business) that charges a fee to the borrower as part of their application, especially credit conditioners. If a borrower uses the services of a lawyer and an accountant, each borrower must complete a separate Form 159. Any agent paid directly by the lender and not by the borrower (directly or indirectly) does not need to complete Form 159. An SBA loan officer will determine your eligibility during the processing of your complete application and reviewing the documents you provide. This process should take 1-2 weeks. The SBA`s objective is to decide on your application within three weeks. A loan officer will contact you to discuss the recommendation regarding the loan amount and your next steps. Companies that have access to traditional financing (credit lines, other credit options, etc.) are encouraged to seek or use it. The SBA will conduct an “elsewhere available credit” test during the review to determine whether the Company has sufficient cash flow to receive a loan other than the LDCI. Life and/or disability insurance are not required for all loans, but the lender should require life or disability insurance if there are concerns about whether the business could survive in the absence of a person or small group of people taking over the management of the small business. If life or disability insurance is considered prudent, the lender may accept an existing or new degressive assignment or universal life insurance policy.

CREDITORS SHOULD NOT BE DESIGNATED AS BENEFICIARIES. The lender must require the borrower to purchase federal flood insurance or other appropriate risk insurance if FEMA (Form 81-93) indicates that any portion of the title, including personal property, is or will be in a special flood risk area. The amount of flood insurance must be the lower value of the insurable value of the property or the maximum coverage limit available, and the policy must include a MORTGAGE CLAUSE/PAYABLE LENDER LOSS CLAUSE (or equivalent) in favor of the lender. Borrowers who do not maintain the required flood insurance for the term of the loan are not eligible for future support from the SBA. The only exception is when flood insurance, which is required for the safety of personal property, cannot be purchased or is prohibitively expensive. In such cases, the lender must request the waiver in writing from the SBA and explain the circumstances. The fees paid shall be proportionate to the services actually provided and proportionate to the market in which the borrower is located. Therefore, contingency fees, when the person providing the support is only paid when the borrower receives support, are not allowed. Fees must relate to the services (and therefore to the time spent). Therefore, fees based on a percentage of the loan amount requested are usually not approved.

SBA does not require a separate loan agreement to be signed by the borrower. If it is the lender`s habit to require a loan agreement, it can do so. The lender may use its own form of loan agreement or the sample SBA form in Appendix D of the standard. The lender cannot disburse the loan funds solely to pay the guarantee fee. The lender may disburse as working capital that has not been spent for the purposes expressly set out in the authority only if the funds do not exceed 10% of those specific purposes or $10,000, whichever is less. An EPC may not receive working capital. These provisions are intended to ensure the quality of the construction and reduce the risk to both the lender and the borrower in the event that the proceeds of the loan provided for the construction are not sufficient to cover the total cost of construction. .