§ 120.434. What are SBA's requirements for loan pledges?
275 words·~1 min read·
/us/cfr/t13/s§ 120.434·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as set forth in § 120.435, SBA must give its prior written consent to all pledges of any portion of a 7(a) loan, which consent SBA may withhold in its sole discretion;
(b)The Lender must be in good standing with SBA as defined in § 120.420(f) and determined by SBA in its discretion;
(c)The Lender has satisfactory SBA performance, as determined by SBA in its discretion. The Lender's Risk Rating, among other factors, will be considered in determining satisfactory SBA performance. Other factors may include, but are not limited to, review/examination assessments, historical performance measures (like default rate, purchase rate and loss rate), loan volume to the extent that it impacts performance measures, and other performance related measurements and information (such as contribution toward SBA mission);
(d)All loan documents must be satisfactory to SBA and must include a multi-party agreement among SBA, Lender, the pledgee, FTA and such other parties as SBA determines are necessary;
(e)The Lender must use the proceeds of the loan secured by the 7(a) loans only for financing 7(a) loans and for costs and expenses directly connected with the borrowing for which the loans are pledged;
(f)The Lender must remain the servicer of the loans and retain possession of all loan documents other than the original promissory notes;
(g)The Lender must deposit the original promissory notes at the FTA; and
(h)The Lender must retain an economic interest in and the ultimate risk of loss on the unguaranteed portion of the loans. \[64 FR 6507, Feb. 10, 1999, as amended at 73 FR 75511, Dec. 11, 2008; 82 FR 39503, Aug. 21, 2017\]
Connections3 cite this
Cited by 3 sections · top 2
Citation graph
cites case law
§ 120.434
What are SBA's requirements for loan pledges?
Fed. Reg.×3
Cites 0Cited by 3 across 1 source