Do you need a broker or packager to get an SBA loan?
Short answer
No. SBA does not require an Agent for packaging or referring a loan application, and both lenders and Agents must tell you so. If you use one, the fee must be disclosed on SBA Form 159. Source: SOP 50 10 8.1, Sec. A, Ch. 4, Para. D.
No. Lenders and Agents must clearly inform you that SBA does not require an Agent for packaging or referring a loan application. That duty is in SOP 50 10 8.1, Sec. A, Ch. 4, Para. D.1.d (p. 71). Before any services start, the lender must also tell you in writing that you need not obtain or pay for unwanted services (Para. D).
Who does what
SBA groups these roles as Agents (Para. D.2):
- Referral Agent. Identifies and refers an applicant to a lender, or a lender to an applicant.
- Packager. Prepares the application for financial assistance. The packager may be the lender.
- Lender Service Provider. Carries out lender functions for pay from the lender, under an agreement SBA reviews.
What a packager can do
Services can include completing applications, preparing a business plan and building cash flow projections (Para. D.7).
Rules to know
- Contingency fees, paid only if the loan is approved or closed, are not allowed (Para. D.2).
- An Agent's fees must be reasonable and customary (Para. D.1.d).
- Agent compensation must be listed on SBA Form 159, except for a Lender Service Provider under an SBA-reviewed agreement (Paras. D.2 and D.8).
- A lender may not use an Agent located outside the United States, its territories or possessions (Para. D.2).
- Fees a lender pays a Lender Service Provider cannot be passed on to you (Para. D.2).
Your lender stays responsible
The lender itself must exercise day-to-day responsibility for evaluating, processing and closing its SBA loans (Para. D.5).
Ask lending partners about your loan
Tell us the amount you need and what it is for. We refer you to lenders that may fund businesses like yours, and it costs you nothing.
Janover Capital LLC is not a lender and is not the SBA. The lender makes the credit decision. A lender or marketplace may pay us a referral fee if we connect you, at no cost to you. Advertiser disclosure.