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:
- An officer, director, key employee or owner of more than 20% of the equity
- An entity in which any of those people owns or controls at least 20%
- A person or entity that controls or is controlled by the business
The relationship starts six months before the loan application date.
The two exceptions
- Pay for work. Compensation for services actually rendered at a fair and reasonable rate is allowed. The regulation calls it ordinary compensation for services rendered. SBA sets no salary figure here, so ask your lender how it applies the test.
- Changes of ownership. A 7(a) loan can buy out an owner under 13 CFR 120.202 and Appendix 15.
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.
Sources
- SOP 50 10 8.1, Sec. A, Ch. 3, Para. B, Restrictions on Uses of Proceeds, Para. B.1 (p. 53)
- 13 CFR § 120.130
- 13 CFR § 120.10
- 13 CFR § 120.202
- SOP 50 10 8.1, App. 15, 7(a) Changes of Ownership (p. 362)
- SOP 50 10 8.1, Sec. B, Ch. 6, Para. D.8, Borrower Certifications (Para. D begins p. 207)
- SBA Form 1919 (02/2025), certifications
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