[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR121.302]

[Page 315-316]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 121--SMALL BUSINESS SIZE REGULATIONS--Table of Contents
 
          Subpart A--Size Eligibility Provisions and Standards
 
Sec. 121.302  When does SBA determine the size status of an applicant?

    (a) The size status of an applicant for SBA financial assistance is 
determined as of the date the application for financial assistance is 
accepted for processing by SBA, except for applications under the 
Preferred Lenders Program (PLP), the Disaster Loan program, the SBIC 
program, and the New Markets Venture Capital (NMCV) program.
    (b) For the Preferred Lenders program, size is determined as of the 
date

[[Page 316]]

of approval of the loan by the Preferred Lender.
    (c) For disaster loan assistance (other than physical disaster 
loans), size status is determined as of the date the disaster commenced, 
as set forth in the Disaster Declaration. For pre-disaster mitigation 
loans, size status is determined as of the date SBA accepts the 
application for processing. For economic injury disaster loan assistance 
under disaster declarations for the September 11, 2001 terrorist attacks 
or under subpart G of part 123 of this chapter, size status is 
determined as of the date SBA accepts the application for processing, 
and for applications submitted before March 15, 2002, whether denied 
because of size status or pending, such applications shall be deemed 
resubmitted on March 15, 2002. For pre-disaster mitigation loans, size 
status is determined as of the date SBA accepts a complete Pre-Disaster 
Mitigation Small Business Loan Application for processing. Refer to 
Sec. 123.408 of this chapter to find out what SBA considers to be a 
complete Pre-Disaster Mitigation Small Business Loan Application.
    (d) For financial assistance from an SBIC licensee or an NMVC 
company, size is determined as of the date a concern's application is 
accepted for processing by the SBIC or the NMVC company.
    (e) Changes in size after the applicable date when size is 
determined will not disqualify an applicant for assistance.

[61 FR 3286, Jan. 31, 1996, as amended at 64 FR 48276, Sept. 3, 1999; 67 
FR 11880, Mar. 15, 2002; 67 FR 62337, Oct. 7, 2002; 69 FR 29204, May 21, 
2004]