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SBA REGULATIONS MODIFIED TO ASSIST SEPTEMBER
11th SMALL BUSINESS VICTIMS
By Michael Angiolillo
Studies show that a high percentage of small businesses
end in bankruptcy after a disaster strikes. The Small
Business Administration (SBA) provides low interest loans to small businesses
as assistance to survive the economic hardship related to disasters.
The attacks of September 11th were not only a human tragedy, but also a
financial and economic crisis for many different businesses and industries.
The range of businesses, from geographical location to specific industry,
and the magnitude of damage were staggering. In an attempt to save
many of the small businesses affected by the tragedy, the SBA is now providing
opportunities for loans.
Traditionally, the SBA has offered loans through the
Economic Injury Disaster Loans (EIDLs). EIDLs provide eligible small
businesses with working capital to pay normal operating expenses that the
business would have been able to pay if the event had not occurred, such
as fixed debt, salaries, and accounts payable. To be eligible for
an EIDL, a small business must meet the criteria of no credit available
elsewhere, meaning the business is not able to obtain financing from another
source.
Relating to the September 11th attacks, the scope of EIDLs
has been widened. One of the most significant differences between
this disaster and previous disasters is that eligible small businesses
across the nation will be able to access assistance, not just small businesses
geographically located in the declared disaster regions. This means
that small businesses across the country that were directly or indirectly
affected by the disaster may be eligible to apply for the loans.
In addition, due to legislative changes, small businesses may qualify for
loans of to ten million dollars, which is a significant increase from the
previous limit of one-and-a-half million dollars. Some businesses
will also qualify for a two-year deferment on principle and interest.
Further aid for small businesses will result from the
Defense Appropriations Act of 2002, which was signed by President Bush
on January 10. The legislation establishes the “Supplemental Terrorist
Activity Relief” loan. The purpose of the loan is to encourage banks
and lenders to provide loans to small businesses that were affected directly
or indirectly by the terrorist attacks. The new loan program was
required because lenders are becoming more conservative as a result of
the economic recession and the September 11th attacks.
The program reduces the fee the SBA charges lenders to
guarantee new loans made to small businesses affected by terrorist events.
For normal SBA loans, the fee is 0.5 percent of the outstanding balance
of the guaranteed portion of the loan. The new program reduces the fee
to 0.25 percent for the full term of the loan. The reduction in the fee
will encourage lenders to make more loans to small businesses by increasing
the potential gain of the lender from the loans, as the fee must be paid
by the lender, not the business taking the loan.
To receive the reduced fee, the lender must determine
that the applicant was “adversely affected” by the attacks and must prepare
and maintain a document summarizing why the applicant was adversely affect.
The SBA defines “adversely affected” as “a small business that has suffered
economic harm or disruption of it business operations as a direct or indirect
result of the terrorist attacks perpetrated against the United States on
September 11, 2001. Some examples of economic harm are: difficulty
in making loan payments on existing debt; difficulty in paying employees
or vendors; difficulty in purchasing materials, supplies, or inventory;
difficulty in paying rents, mortgages, or other operating expenses and,
difficulty in securing financing.”
Further indications that the SBA and the government
are loosening restrictions on small businesses loans include an announcement
made on March 28, stating that the revue based size limit of travel agencies
eligible for assistance from the SBA has been increased from one million
dollars to three million dollars. Therefore, larger travel agencies will
be able to apply for loans, increasing the number of eligible applicants.
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