| Citizenship | 100% U.S. citizen / U.S. national ownership | 100% direct + indirect (March 2026 rule) | Green card holder ownership now disqualifies; trust held interests must be re papered |
| Owner Occupancy (504 + 7(a) RE) | Operating company occupies CRE | 51% existing buildings · 60% new construction | Tenant leased space > 49% kills 504 eligibility |
| Size Standards | Business under SBA size standard for NAICS | ≤$8M tangible net worth · ≤$5M avg net income (alt.) | High revenue specialty co’s (e.g., NAICS 541330) trip the threshold |
| Affiliation Rule | Common ownership / control aggregation | All affiliated entities consolidated for size test | Holdco / sister company revenue rolls in and breaches size |
| Personal Guaranty | All 20%+ owners sign unlimited PG | 20%+ ownership = PG · 5 to 20% may PG at lender discretion | Spousal interest aggregation often forces non owner spouse to PG |
| Collateral Adequacy | Lien on all available business + personal RE | UCC blanket + 25%+ equity in personal RE if shortfall | Lender pulls home equity lien even on $250K loans if business has no hard collateral |
| Equity Injection | Buyer skin in the game on changes of ownership | 10% min · standby seller note can count if 24 mo full standby | Borrowed equity (HELOC, gift) without forgiveness language fails the test |
| Form 159 Disclosure | Disclosure of fees paid to packagers / agents | Required > $2,500 in agent fees · borrower + lender sign | Hidden packager fees discovered post close trigger SBA recoupment |
| Credit Elsewhere Test | Borrower can’t obtain credit on reasonable terms elsewhere | Lender certifies in credit memo | Strong balance sheet borrowers occasionally re routed to conventional |
| Franchise Directory | Brand listed in SBA Franchise Directory | Brand must appear with no addendum issues | Recently de listed brands or brands needing addendum delay closings 30 to 60 days |