What happens if you answer yes on SBA Form 912?
Short answer
It depends on the question. Being incarcerated, serving a sentence or under certain indictments makes the business ineligible under 13 CFR 120.110(n). Child support over 60 days late matters for owners of 50% or more. SBA Form 912 states no result for its riot question.
It depends on the question. SBA Form 912, the Statement of Personal History, has three background questions, numbered 8, 9 and 10. SBA says it uses the form as one part of its assessment of program eligibility.
Question 8: custody or indictment
It asks whether you are incarcerated, serving a sentence or under indictment. The indictment question covers a felony or a crime involving financial misconduct or a false statement. A business with such an Associate is ineligible (13 CFR 120.110(n)). SBA Form 1919 asks the same question.
Question 9: riot or civil disorder
It asks whether, in the past year, you were convicted of an offense committed during a riot, civil disorder or other declared disaster. The form states no result for a yes. We found no mention of it in SOP 50 10 8.1 or 13 CFR Part 120. Ask your lender.
Question 10: child support
It asks whether you are more than 60 days late on child support. Holders of 50% or more of an SBA borrower must certify they are not (13 CFR 120.171).
How answers get checked
Signing authorizes SBA to request your criminal record information. The form says responses may be checked against FBI criminal history indices. SBA says it considers integrity, candor and disposition toward criminal actions. Appendix 1 of the SOP lists FBI fingerprint Form FD-258. It does not list Form 912, so ask whether your lender uses it.
Accuracy
A knowing false statement is a federal crime under 18 U.S.C. 1001 and 3571. The posted form shows an Office of Management and Budget (OMB) expiration date of December 31, 2028.
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