[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
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

[[Page 321]]

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 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]