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Can a minority investor get a waiver of the prior loss rule?

Short answer

Yes, case by case. Since June 1, 2026, SBA may waive the rule for an owner who held less than 20% of the failed business. The owner cannot have been a guarantor or co-borrower, or had control. Source: SBA Policy Notice 5000-879464.

Yes, on a case-by-case basis. SBA Policy Notice 5000-879464, effective June 1, 2026, uses the waiver authority in 13 CFR § 120.110(q). SOP 50 10 8.1, Sec. A, Ch. 1, Para. E carries it forward.

The three threshold tests

The owner of your business must have:

What SBA weighs next

Meeting those tests only gets the request considered. SBA then looks at:

What the waiver does not cover

It applies only to prior losses on SBA 7(a) and 504 loans. It does not cover non-SBA federal loans, other federally assisted financing, Paycheck Protection Program (PPP) loans, SBA Economic Injury Disaster Loan (EIDL) or COVID-19 EIDL loans.

Delinquent debt is separate

An applicant or guarantor, other than a supplemental guarantor, remains ineligible while holding a delinquent nontax federal debt.

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