LegalFix

§ 109.400 - Eligible Small Business Concerns.

Copy with citation
Copy as parenthetical citation

To be eligible to receive loans from an ILP Intermediary under this program, a small business must:

Be organized for profit;

Be located in the U.S.;

Be small under the size requirements applicable to 7(a) business loans (including Affiliates);

Be a startup, newly established, or growing small business;

Together with Affiliates and principal owners, not have credit elsewhere; and

Be creditworthy and demonstrate reasonable assurance of repayment of the loan.

The following types of businesses are not eligible to receive a loan from an ILP Intermediary under this program:

Nonprofit businesses (for-profit subsidiaries are eligible);

Financial businesses primarily engaged in the business of lending;

Passive businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds;

Life insurance companies;

Businesses located in a foreign country;

Pyramid sale distribution plans;

Businesses deriving more than one-third of gross annual revenue from legal gambling activities;

Businesses engaged in any illegal activity;

Private clubs and businesses which limit the number of memberships for reasons other than capacity;

Government-owned entities (except for businesses owned or controlled by a Native American tribe);

Businesses principally engaged in teaching, instructing, counseling or indoctrinating religion or religious beliefs, whether in a religious or secular setting;

[Reserved]

Loan packagers earning more than one third of their gross annual revenue from packaging SBA loans;

Businesses in which the ILP Intermediary or any of its Associates owns an equity interest;

Businesses with an Associate who is incarcerated, on probation, on parole, or has been indicted for a felony or a crime of moral turpitude;

Businesses which:

Present live performances of a prurient sexual nature; or

Derive directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature;

Businesses that have previously defaulted on a Federal loan or Federally assisted financing, resulting in the Federal government or any of its agencies or Departments sustaining a loss in any of its programs, and businesses owned or controlled by an applicant or any of its Associates which previously owned, operated, or controlled a business which defaulted on a Federal loan (or guaranteed a loan which was defaulted) and caused the Federal government or any of its agencies or Departments to sustain a loss in any of its programs. For purposes of this section, a compromise agreement shall also be considered a loss unless the agreement provides otherwise;

Businesses primarily engaged in political or lobbying activities; and

Speculative businesses (such as oil wildcatting);

Businesses located in a Coastal Barrier Resource Area (as defined in the Coastal Barriers Resource Act);

Businesses owned or controlled by an applicant or any of its Associates who are more than 60 days delinquent in child support under the terms of any administrative order, court order, or repayment agreement;

Businesses in which any Associate is an undocumented (illegal) alien; or

Businesses owned or controlled by an applicant or any of its Associates who are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any Federal department or agency.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 109.400 - Eligible Small Business Concerns.