[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR121.105]

[Page 307]
 
                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. 121.105  How does SBA define ``business concern or concern''?

    (a)(1) Except for small agricultural cooperatives, a business 
concern eligible for assistance from SBA as a small business is a 
business entity organized for profit, with a place of business located 
in the United States, and which operates primarily within the United 
States or which makes a significant contribution to the U.S. economy 
through payment of taxes or use of American products, materials or 
labor.
    (2) A small agricultural cooperative is an association (corporate or 
otherwise) acting pursuant to the provisions of the Agricultural 
Marketing Act (12 U.S.C.A. 1141j) whose size does not exceed the size 
standard established by SBA for other similar agricultural small 
business concerns. A small agricultural cooperative's member 
shareholders are not considered to be affiliates of the cooperative by 
virtue of their membership in the cooperative. However, a business 
concern or cooperative that does not qualify as small under this part 
may not be a member of a small agricultural cooperative.
    (b) A business concern may be in the legal form of an individual 
proprietorship, partnership, limited liability company, corporation, 
joint venture, association, trust or cooperative, except that where the 
form is a joint venture there can be no more than 49 percent 
participation by foreign business entities in the joint venture.
    (c) A firm will not be treated as a separate business concern if a 
substantial portion of its assets and/or liabilities are the same as 
those of a predecessor entity. In such a case, the annual receipts and 
employees of the predecessor will be taken into account in determining 
size.

[61 FR 3286, Jan. 31, 1996, as amended at 70 FR 51248, Aug. 30, 2005]