[Code of Federal Regulations]

[Title 13, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 13CFR121.302]



[Page 320-321]

 

                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



[[Page 321]]



SBIC program, and the New Markets Venture Capital (NMCV) program.

    (b) For the Preferred Lenders program, size is determined as of the 

date 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 economic injury disaster 

loan assistance under disaster declarations for Hurricanes Katrina, 

Rita, and Wilma, size status is determined as of the date SBA accepts 

the application for processing, and for applications submitted before 

December 6, 2005, whether denied because of size status or pending, such 

applications shall be deemed resubmitted on December 6, 2005. 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; 70 FR 72594, Dec. 6, 2005]