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Can SBA loan proceeds be paid to an owner?

Short answer

Only in narrow cases. 13 CFR 120.130(a) bars payments, distributions or loans to Associates, which includes owners of more than 20%. The exceptions are fair pay for services actually rendered and eligible changes of ownership (SOP 50 10 8.1, Sec. A, Ch. 3, Para. B.1).

Only in two narrow cases. Section A, Chapter 3, Paragraph B.1 of SOP 50 10 8.1 bars payments, distributions or loans to an Associate of the business. The regulation is 13 CFR 120.130(a).

Who counts as an Associate

Under 13 CFR 120.10, a small business's Associates include:

The relationship starts six months before the loan application date.

The two exceptions

Distributions after closing

You also certify that, without the lender's written consent, you will not make a distribution that adversely affects the business's financial condition (Sec. B, Ch. 6, Para. D.8.b). SBA Form 1919 carries the same language.

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