Which SBA lenders are successful w/ requesting variances from SBA SOP's?

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February 14, 2022

by an investor from Indiana University at Bloomington in Austin, TX, USA

Hi Friends,

I'm working on a deal that requires a variance to SBA lending SOPs. Essentially, I have a seller that wants to roll equity into the new company. We're buying out 100% assets in their co, forming a new c-corp, and will then assign them non-voting, class B shares in the new co (which may take the form of options, is shares won't work). The SBA SOP's explicitly state this can't be done. However, over the weekend I was chatting with an advisor who told me that a variance can be requested, but only certain banks have the right relationships with the SBA and/ or are willing to put in the legwork to get that done.


I think knowing this would be helpful for other searchers (particularly if it's possible/ true). Still vetting this out.

Additionally, I thought that a discussion topic on what variances to SBA SOP's other searchers have managed to secure would be helpful to all. Additionally, it would be great to know which bank / entity you worked with to secure that variance. And, what was the nature of the variance?

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Reply by an intermediary
from Boise State University in 800 W Main St, Boise, ID 83702, USA
I've never heard of a bank getting a "waiver" for less than 100% ownership transfer. A bank might get a waiver for other issues (collateral, guarantors, debt service coverage) but those are more subjective issues. It will be interesting to see if any lenders respond to your question. I was a commercial/SBA lender for 20 years and have been a business broker/appraiser for 11 years.
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Reply by a professional
from The University of Texas at Austin in Austin, TX, USA
@Jeff - Do you know Andre (introduced to me by Aaron). He's experienced at getting approvals when bank don't initially thing it meets the SOPs. If the physical location is in a suburban or rural area, he can also offer USDA loan options, which can be more lenient.
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