13 C.F.R. PART 120--BUSINESS LOANS
TITLE 13--Business Credit and Assistance
CHAPTER I--SMALL BUSINESS ADMINISTRATION
PART 120--BUSINESS LOANS
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| Which loan programs does this part cover?
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| Descriptions of the business loan programs.
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Subpart A--POLICIES APPLYING TO ALL BUSINESS LOANS
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| What are the basic eligibility requirements for all applicants for SBA business loans?
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| Credit not available elsewhere.
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| Funds not available from alternative sources, including personal resources of principals.
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| Are farm enterprises eligible?
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| Are businesses financed by SBICs eligible?
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| Special consideration for veterans.
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| What businesses are ineligible for SBA business loans?
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| What conditions must an Eligible Passive Company satisfy?
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| What are eligible uses of proceeds?
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| Restrictions on uses of proceeds.
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| Leasing part of new construction or existing building to another business.
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| What ethical requirements apply to participants?
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| What are SBA's lending criteria?
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| What is the statutory limit for total loans to a Borrower?
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| Compliance with child support obligations.
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| Flood-plain and wetlands management.
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| Compliance with other laws.
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| Are rules enforceable if they are changed later?
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| Where does an applicant apply for a loan?
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| The contents of a business loan application.
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| Reconsideration after denial.
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Subpart B--POLICIES SPECIFIC TO 7(A) LOANS
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| What bonding requirements exist during construction?
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| Refinancing unsecured or undersecured loans.
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| Restrictions on loans for changes in ownership.
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| What percentage of a loan may SBA guarantee?
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| What limits are there on the amounts of direct loans?
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| What limits are there on loan maturities?
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| What fixed interest rates may a Lender charge?
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| What conditions apply for variable interest rates?
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| What interest rates apply to smaller loans?
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| Fees that Lender pays SBA.
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| Fees which the Lender may collect from a loan applicant.
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| Fees which the Lender or Associate may not collect from the Borrower or share with third parties.
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| Subsidy recoupment fee payable to SBA by Borrower.
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Subpart C--SPECIAL PURPOSE LOANS
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| What assistance is available for the disabled?
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| DAL-1 use of proceeds and other program conditions.
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| DAL-2 use of proceeds and other program conditions.
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| Resolving doubts about creditworthiness.
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| Interest rate and loan limit.
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| Who is eligible for an energy conservation loan?
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| What devices or techniques are eligible for a loan?
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| What are the eligible uses of proceeds?
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| Are there any special credit criteria?
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| What is the Export Working Capital Program?
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| What are eligible uses of proceeds?
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| Unique requirements of the EWCP.
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| Which veterans are eligible?
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| Other conditions of eligibility.
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| Restrictions on loan processing.
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| What is the Builders Loan Program?
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| Are there special application requirements?
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| What are the eligible uses of proceeds?
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| What is SBA's collateral position?
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| What is the term of the loan?
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| Are there any special restrictions?
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Subpart D--LENDERS
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| Loan Guarantee Agreements.
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| Requirements for all participating Lenders.
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| Other services Lenders may provide Borrowers.
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| Advertisement of relationship with SBA.
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| SBA access to Lender files.
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| Suspension or revocation of eligibility to participate.
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| Which Lenders may securitize?
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| Are all securitizations subject to this subpart?
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| Which 7(a) loans may a Lender securitize?
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| What are the basic conditions a Lender must meet to securitize?
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| What are the minimum elements that SBA will require before consenting to a securitization?
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| What action will SBA take if a securitizer transfers the subordinated tranche prior to the termination of the holding period?
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| Will SBA approve a securitization application from a capital impaired Securitizer?
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| What happens to a securitizer's other PLP responsibilities if SBA suspends its PLP approval privilege?
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| What conveyances are covered by 120.430 through 120.435?
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| Which Lenders may sell, sell participations in, or pledge 7(a) loans?
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| Under what circumstances does this subpart permit sales of, or sales of participating interests in, 7(a) loans?
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| What are SBA's other requirements for sales and sales of participating interests?
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| What are SBA's requirements for loan pledges?
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| Which loan pledges do not require notice to or consent by SBA?
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| What is the Certified Lenders Program?
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| How does a Lender become a CLP Lender?
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| Suspension or revocation of CLP status.
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| What is the Preferred Lenders Program?
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| How does a Lender become a PLP Lender?
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| What are the requirements of PLP loan processing?
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| What are the requirements of a PLP Lender in servicing and liquidating SBA guaranteed loans?
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| Suspension or revocation of PLP status.
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| Change of ownership or control.
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| Suspension or revocation.
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Subpart E--LOAN ADMINISTRATION
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| Servicing direct and immediate participation loans.
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| Servicing guaranteed loans.
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| Who services the loan after SBA honors its guarantee?
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| What servicing actions require the prior written consent of SBA?
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| When does SBA honor its guarantee?
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| What interest rate applies after SBA purchases its guaranteed portion?
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| How much accrued interest does SBA pay to the Lender or Registered Holder when SBA purchases the guaranteed portion?
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| What is the ''earliest uncured payment default''?
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| When is SBA released from liability on its guarantee?
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| What is a loan Moratorium?
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| What are SBA's policies concerning the liquidation of collateral and the sale of business loans and physical disaster assistance loans, physical disaster business loans and economic injury disaster loans?
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| What is homestead protection for farmers?
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| Who is eligible for homestead protection?
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Subpart F--SECONDARY MARKET
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| Form and terms of Certificates.
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| Pools backing Pool Certificates.
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| Loans eligible to back Certificates.
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| Secondary Participation Guarantee Agreement.
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| SBA guarantee of a Pool Certificate.
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| SBA guarantee of an Individual Certificate.
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| Qualifications to be a Pool Assembler.
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| Suspension or termination of Pool Assembler.
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| Administration of the Pool and Individual Certificates.
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| Disclosure to purchasers.
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| Requirements before the FTA issues Pool Certificates.
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| Requirements before the FTA issues Individual Certificates.
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| Transfers of Certificates.
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| Redemption of Certificates.
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| Registration duties of FTA in Secondary Market.
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| Claim to FTA by Registered Holder to replace Certificate.
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| Suspension or revocation.
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Subpart G--MICROLOAN PROGRAM
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| What is the Microloan Program?
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| Are there limitations on who can be an Intermediary or on where an Intermediary may operate?
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| How does an organization apply to become an Intermediary?
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| How are applications evaluated?
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| What is a Specialized Intermediary?
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| What are the terms and conditions of an SBA loan to an Intermediary?
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| What conditions apply to loans by Intermediaries to Microloan borrowers?
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| What is the Intermediary's financial contribution?
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| What is the Microloan Revolving Fund?
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| What is the Loan Loss Reserve Fund?
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| What rules govern Intermediaries?
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| How does an Intermediary get a grant to assist Microloan borrowers?
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| Does SBA provide technical assistance to Intermediaries?
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| How are grants made to non-lending technical assistance providers (NTAP)?
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| Does SBA guarantee any loans an Intermediary obtains from another source?
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| Suspension or revocation of an Intermediary or NTAP.
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Subpart H--DEVELOPMENT COMPANY LOAN PROGRAM (504)
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| The purpose of the 504 program.
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| How a 504 Project is financed.
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| Applications for certification as a CDC.
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| Probationary period for newly certified CDCs.
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| CDC non-profit status and good standing.
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| Professional management and staff.
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| Financial ability to operate.
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| Basic requirements for operating a CDC.
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| Other services a CDC may provide to small businesses.
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| Minimum level of 504 loan activity and restrictions on portfolio concentrations.
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| Job Opportunity average a CDC must maintain.
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| Reports a CDC must submit.
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| Application to expand an Area of Operations.
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| SBA decision on application for a new CDC or for an existing CDC to expand Area of Operations.
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| Case-by-case application to make a 504 loan outside of a CDC's Area of Operations.
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| Accredited Lenders Program (ALP).
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| Qualifications for the ALP.
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| Premier Certified Lenders Program (PCLP).
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| Requirements for maintaining and renewing PCLP status.
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| Requirements for the Loan Loss Reserve Fund (LLRF).
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| Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.
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| Expiration of Associate Development Company designation.
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| CDC ethical requirements.
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| Restrictions regarding CDC participation in the Small Business Investment Company (SBIC) program and the 7(a) loan program.
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| Oversight and evaluation of CDCs.
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| Grounds for taking enforcement action against a CDC.
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| Types of enforcement actions.
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| Voluntary transfer and surrender of CDC certification.
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| Job creation or retention.
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| Other economic development objectives.
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| Leasing Project Property.
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| Leasing part of Project Property to another business.
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| Basic eligibility requirements.
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| Ineligible Projects for 504 loans.
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| Eligible Project costs for 504 loans.
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| Eligible administrative costs for 504 loans.
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| Ineligible costs for 504 loans.
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| Source of interim financing.
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| Certifications of disbursement and completion.
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| Certifications of no adverse change.
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| Sources of permanent financing.
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| Limitations on any contributions by a Licensee.
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| Required participation by the Third Party Lender.
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| Terms of Third Party loans.
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| Pre-existing debt on the Project Property.
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| Policies on subordination.
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| Deposit from the Borrower that a CDC may require.
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| Prepayment of the 504 loan or Debenture.
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| SBA and CDC must appoint agents.
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| Suspension or revocation of brokers and dealers.
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| Responsibility for closing.
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| Construction escrow accounts.
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| Servicing of 504 loans and Debentures.
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| Allowable fees paid by Borrower.
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| Third Party Lender participation fee and CDC fee.
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