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SBA Lending Alert: Reauthorization of the 504 Debt Refinancing Program

The day has finally come! The SBA issued SBA Policy Notice 5000-1382 on May 26 announcing the Reauthorization of the 504 Debt Refinancing Program.

This long awaited reinstatement of the program allowing lenders to utilize the 504 loan product for refinancing which was originally instituted on a temporary basis under The Small Business Jobs Act of 2010 (Jobs Act), P.L. 111-240 has been reauthorized. The refinance program is now a permanent part of the 504 program with certain statutory modifications. These changes are as follows:

  • This program will be in effect only in any fiscal year where the subsidy cost is zero.
  • Each CDC's new financings under the 504 Debt Refinancing Program during any fiscal year cannot exceed 50% of the dollars the CDC loaned under the 504 Loan Program during the previous fiscal year (this is waivable for good cause beginning fiscal year 2017).
  • The elimination of the job retention goal under the Jobs Act has been eliminated. This means that all refinancing projects must satisfy the job creation or retention requirements applicable to any 504 Project.

As a reminder, under the 504 Debt Refinance Program, the borrower must have been in operation for all of the two year period prior to the application date. If ownership changed during those two years, it will be considered a new business and will not be eligible under the program. Any debt being refinanced must include only "Qualified Debt" and may include "Eligible Business Expenses," both as described in the notice. The notice further highlights the program requirements.

According to the notice, the Sacramento Loan Processing Center will begin accepting applications on June 24, 2016.

Alison Rind is a commercial lending attorney at Lerch, Early &; Brewer who represents commercial lenders in loan transactions and other commercial matters, including participants in SBA and other government guaranteed lending programs. For more information about the 504 Debt Refinancing Program, contact Alison at awrind@lerchearly.com or (301) 657-0750.

This content is for your information only and is not intended to constitute legal advice. Please consult your attorney before acting on any information contained here.

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