Can I get an SBA loan for an acquisition outside the US?

searcher profile

September 22, 2021

by a searcher from University of Pennsylvania - The Wharton School in New York, NY, USA

Is there any scenario in which this is possible?

I've heard mixed reports. Standard guidance is target co. must be us-domiciled. Others have said if the acquiring company is us-domiciled and can produce tax reports, those can used for regulatory approval.

Looking at a company in Canada right now, but my LLC was only formed earlier this year.

Any thoughts/guidance around this would be appreciated!

John

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commentor profile
Reply by a lender
from Indiana University of Pennsylvania in Pittsburgh, PA, USA
I've provided the SBA eligibility requirements that would apply:
C. LOCATED IN THE UNITED STATES
Be located in the United States (including its territories and possessions).
1. The Applicant must be located and primarily operate in the United States (including its territories and possessions), be authorized to conduct business in the state, territory, or possession where it seeks SBA financial assistance, pay taxes to the United States, and to the extent practicable, purchase only American-made equipment and products with the proceeds of the SBA loan.
2. If an Applicant has international operations, the loan proceeds must be used exclusively for the benefit of the domestic operations (as a result, the business and its employees are subject to U.S. and local taxes).
3. Businesses involved in international trade are subject to U.S. trade restrictions.
4. Businesses Owned by Non-U.S. Citizens may be eligible. See Chapter 3, Para. C in this Section for more information.
5. The Applicant may not be owned in whole or part by undocumented (illegal) aliens.
commentor profile
Reply by a lender
from University of Missouri in St. Louis, MO, USA
We vetted this on a search fund deal a couple of months ago. It went through general processing and the SBA declined it since the entity is foreign. Even if the jobs are moving to the US (they were in this case) they still declined it. That doesn’t mean a PLP lender wouldn’t possibly take the chance. However the SBA was a hard no on this
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