I am just a part owner in the business, will the SBA require me to sign a guarantee on the loan?

9 January 2016
624 Views
Comments are off for this post

The SBA expects every 7(a) loan to be fully secured. Although, the SBA will not decline a request to guarantee a loan if the only unfavorable factor is insufficient collateral, provided all available collateral is offered. But, every SBA loan must be secured by all available assets (both business and personal) until the recovery value equals the loan amount or until all assets have been pledged (to the extent that they are reasonably available).

What ownership percentage triggers a personal guarantee requirement?

In many cases, prospective clients approach us to ask about the SBA’s personal guarantee requirement. In some cases, the inquiring party is just a minority owner and not even actively involved in the business. Regardless of day-to-day involvement, all individuals who own 20% or more of the equity of a business applying for an SBA loan must provide an unlimited full personal guarantee of the indebtedness on SBA Form 148 or an equivalent document. Moreover, each spouse owning five percent or more of the business must personally guarantee the loan in full, if the combined ownership interest of both spouses is 20% or more.

My spouse is not an owner in the business, why is she being asked to sign a guarantee?

Personal guarantees may be secured or unsecured. If real estate, for example, is being pledged by one spouse, the other spouse may have an interest in that property that would make enforcement of the lien problematic if he/she did not approve the transaction. Therefore, non-owner spouses are of often asked to sign “Limited” guarantees that provides for liability up to the amount of equity in a specific piece of real estate.

Neither I nor my spouse together own more 20% or more of the business, why are we being asked to sign a guarantee?

Although the SBA requires guarantees for all owners meeting the criteria we noted above, lenders are free to require personal guarantees of owners with less than 20 percent ownership and liens on personal assets of the principals may also be required. In these cases, though, you may have far more room to negotiate this point with your lender since this is not an SBA requirement and left entirely to the lender’s discretion.