Newsletter Article November 2023
The Main Street Employee Ownership Act of 2018 was intended to make it easier for companies wanting to use an ESOP for a business transition loan to get SBA financing through the SBA’s preferred lender program (the “7(a) program” that allows qualifying banks to make SBA guaranteed loans). The SBA, unfortunately, issued standard operating procedures that directly subverted the law. The guidance said loans could not be made through the 7(a) program but had to navigate the more cumbersome process of going through the SBA itself. It required a 10% equity stake to be held outside the ESOP, a personal guarantee from the seller, a valuation done separately for the SBA, and a letter of determination. In short, the rules made the program almost unusable—and hardly any loans were made.
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