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SBA 504 Refi Program Set To Expire Without Congressional Extension
The Small Business Jobs and Credit Act of September 2010 established the SBA 504 refinance provision as a temporary initiative, approved for a 24 month period. This program will expire in late September 2012 unless Congress extends it. The SBA's 504 program is flourishing with the assistance of this refinancing provision according to reports provided through July 2012, the SBA has approved over $5 billion in 504 loans so far this year which is up from $3.8 billion during the same period a year ago. Additionally, SBA 504 refinances accounted for 14.7% of all SBA 504 loans made in the first quarter of 2012, and 20.6% of total SBA 504 dollars during that same time period.
This provision of the U.S. Small Business Administration (SBA) 504 loan program allows small business owners to refinance loans for owneroccupied commercial real estate and long term machinery and equipment with long-term, below-market, fixed interest rates. The program now also includes a cash-out provision, allowing businesses to withdraw excess equity on their assets for eligible business expenses such as salaries, rent, utilities, inventory, paying-down payables and other obligations of the business. There have been a few beneficial changes and overall, many advantages to this program including but not limited to the following: · The “Cash Out” allowed for eligible
business expenses as the total loan can be approved for up to 90% of appraised value · It allows Banks to consolidate multiple term loans and LOC’s into a new note with a low, 20-year fixed rate on the SBA portion · The bank participation can be based upon amount being financed (only an amount greater than or can be equal to the 504 loan amount) · All of the existing debt does not have to qualify as 504 eligible. Only original debt must have qualified as at least 85% 504 eligible at the time of origin · The 51% occupancy requirements must be met at date of application (not original loan date)
Time is running out to take advantage of this provision, however Congress could pass an extension after the election, during a lame duck session. If that happens, the program would stop and then start again within weeks. This may be a solution to keep the program going in the event that the extension is not approved in time. Contact your Congressional representative and let them know how important their support is for your business and community. Ask them to vote to extend the Small Business Jobs and Credit Act of September 2010 so that the refinance program will continue to be available for another year. Please feel free to call our office with any questions about the SBA 504 program(s).
Current Rates:
4.
451%
3.
20 Years Fixed •••
3.
70%
10 Years Fixed •••
945%
4.
10 Years Refi •••
654%
20 Years Refi SBA 504 August 2012
HIGHLIGHTS
Recent 504 Change
SBA has just released the next version of the Standard Operating Procedures (SOP) 50 10 5 –E which is effective as of June 1, 2012. There is a rumor circling that another version (F) is trailing closely behind, which may be released before the end of the fiscal year which is September 30, 2012. Pg 274- Franchise Information Assistance: CDCs should, but are no longer required, to go the SBA Franchise Findings List for information with respect to a specific Franchise/License/Dealer/Jobber or similar agreement. The other procedures for use of the Franchise Registry and preapplication review of agreements remain the same.
Pg 277- Franchise Agreement Control Factors: A requirement that that
provisions of the Agricultural Marketing Act (12 USC 1411j) is considered to be a producer cooperative and is eligible if it meets the requirements for eligible producer cooperatives (3) Worker Cooperative: A worker cooperative, in which the employees of the small business cooperatively own the company, is eligible if it meets all other SBA eligibility requirements.
Pg 307- Short Term debt ("Bridge Financing"): Previously, bridge financing was an eligible Project Cost only if there SOP 50-10(5)(E) is available on the was no building currently SBA banking website in both Clean on the land at the time of and Track Changes Versions at: application. Version (E) http://www.sba.gov/lender-docu- now provides that bridge financing may also be an elimentation-tool?type=sops gible Project Cost if there is OR a building on the land that http://www.sba.gov/for-lenders will be razed prior to construction of the new building. Destruction of the building is considered to be part of the cost of the preparing the land for new construction. Both the value of the land and new construction must be supported by an appraisal that complies with SOP 50-10(5)(E).
the franchisee or EPC owner must sell its real property to the franchisor upon expiration or breach of the franchise agreement is an unacceptable control provision. SOP 50-10(50(E) provides that a requirement that the franchisee or EPC owner lease the real property to the franchisor on reasonable terms for the remainder of the term of the franchise agreement is acceptable. Pg 290- Cooperatives: There are 3 changes for cooperatives: (1) Producer cooperatives: In addition to the other requirements, the cooperative itself must be small (2) Agricultural Marketing Cooperatives: An agricultural marketing cooperative acting pursuant to the
Pg 319- Appraisal Client or Intended User: The appraisal must identify SBA as the client or an intended user of the appraisal (as those terms are defined in USPAP). The CDC also may be identified as the client or an intended user. It is acceptable to SBA if the appraisal identifies the Third Party Lender as the client and SBA as an intended user.
Pg 345- Pricing a 504 Debenture: The incorrect citation to 13 CFR 120.971 has been corrected to 13 CFR 120.931
Pg 345Energy Public Policy Goals: The "and" between the energy public policy goal of reducing the Borrower's energy consumption by at least 10% and the energy public policy goal of plant, equipment and process up-
grades of renewable energy sources has been changed to an "or."
Pg 353- Professional Service Contracts: If the CDC has a professional services contract with an individual or entity to provide various services such as marketing, packaging, etc., then fees paid by the CDC under the contract cannot be passed on to the Small Business Applicant, "other than reasonable costs associated with assisting the Small Business Applicant with its portion of the application (loan packaging)." The quoted language has been deleted so reasonable costs also cannot be passed on to the applicant.
Pg 354 - Compensation of Agent Initiated by Applicant: An Agent (defined on Page 353) may be paid by the Small Business Applicant as long as the compensation is reasonable and customary for the services, the compensation complies with the 7(a) requirements in Subpart B, Chapter 3, Paragraph VI.B.1. of the SOP, and the compensation is not contingent on the 504 Loan being approved.
The Subpart B requirements are on pages 169-70 of SOP 50-10(5)(E). Paragraph VI.V.1. provides: 1. The lender or a third party may charge a Small Business Applicant fees for packaging and other services. “Packaging services” includes assisting the Small Business Applicant with completing the application, preparing a business plan, cash flow projections, and other documents related to the application. “Other services” includes consulting as to what financing is needed and what type, broker or referral fees. The fees must be reasonable and customary for the services actually performed and must be consistent with those fees charged on the lender’s similarly-sized, non-SBA guaranteed commercial loans. In addition, fees for packaging and other services may be based on a percentage of the loan amount. With regard to fees for packaging or other services charged based on a percentage of the loan amount, in no event may the fee exceed 3% on loans of $50,000 or less, and for loans over $50,000, 2% on the first $1,000,000 and an additional ¼% on amounts over $1,000,000, with a maximum fee of $30,000. A standard fee charged to all Small Business Applicants is not acceptable.
REPORT Progre
SET Enterprises, Inc. has been a leading supplier of steel processing services to the automotive industry since 1989. The Company is certified as a Minority Business Enterprises (“MBE”). SET’s primary operations include steel blanking, slitting and warehousing of steel. In 2010, S.E.T. Enterprises, Inc. processed over 559,000 tons of steel. The expansion into Alabama is an opportunity to further diversify their processing to many different industries. Some of these include Oil Country Tubular Goods, Mill Service, Automotive, Steel Service Centers, Construction as well as other opportunities. SET developed their business plan, secured the financing with the assistance of Alabama Small Business Capital with 2 SBA504 loan approvals. On June 15, 2011 we conducted the official ground breaking ceremony to locate a new 70,000 square foot stateof-the-art Steel Processing facility in Jackson, Alabama. In Phase 1, they are providing Steel Slitting services with their Heavy gauge (Nova) and Light
gauge (Braner) state-ofthe-art Slitters. Later this summer they will be offering their customers cut to length processing services. SET engineered this facility and have provisions in place to immediately expand the building for Phase 2 to a total of 142,000 square feet. This additional phase of 72,000 square feet will be driven by their customers’ business case(s).
Top:
(L-R) Lt. Gov. Kay Ivy; Mayor Richard Long; ASBC V.P. Angie Sweatman; and SET Pres/CEO Sid Taylor
Middle:
Construction is well underway during the summer of 2011
Bottom:
Completed production plant ready to begin operations bringing over 50 new jobs to Southwest Alabama
F
Alabama Small Business Capital (ASBC) assisted in securing financing for SET-Alabama by providing two SBA 504 Loan’s for the construction of a new state of the art facility and the purchase and installation of equipment for their business expansion into Jackson, Alabama.
TURE EA V
D
ASBC partners with lenders to get another Alabama company up and running-
ss
IDEO
Through the hard work of the entire SET team and lending partners; SET Alabama officially opened for business on March 30, 2012. This was a nine-month turnaround from Ground Breaking to Grand Opening. The distinguished speaker list included the Lt. Governor of the Great State of Alabama, Kay Ivey, U.S. Representative Jo Bonner and numerous local political officials. In addition, representatives from TK, Chrysler and Ford were gracious enough to speak along with the Founder and CEO TO VIEW of SET Enterprises, OUR CAPABILITIES Inc., Sid E. Taylor.
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At full capacity, SET-Alabama can process 360,000 tons of flat-rolled steel on its two State of the Art Slitting Lines. The processed material will range in gages of .010” to .500”. The higher end of the gage capability will enable SET-Alabama to enter into the Oil Country Tubular Goods (OCTG) market while continuing to provide Service Excellence to its established automotive and commercial construction customer base at the lower end gages. SET-Alabama, Inc., with its State of the Art processes, strategic location and skilled workforce is well-positioned to carry on the SET Enterprises tradition of providing service that consistently meets and exceeds the expectations of its Valued Customers.
ASBC was honored to be a part of this project and is excited about the positive impact it will have for Jackson and the rest of our state.
r u T O e t a e m e ! M Angie Sweatman Vice President Cell:(334) 318-8064 angie@asbc504.com
Brian Swann
AVP, Underwriter Cell:(334) 332-0976 brian@asbc504.com
Richard Sweat
Debbie Parnell
Bus. Dev. Officer Closing/Funding Manager Cell:(334) 318-1484 Cell:(334) 328-9520 richard@asbc504.com debbie@asbc504.com
Alabama Small Business Capital Assisting Small Business Owners in Alabama, Georgia and Florida 3120 Frederick Road, Suite K, Opelika, Alabama 36801 Office:(334) 275-9700 • Fax:(334) 275-9704
Home Of NO Upfront Fees and NO Borrower Deposits!
Important Links:
ASBC www.fbdc.net
U.S. SBA YOUTUBE www.youtube.com/user/sba ALA SBA RESOURCE GUIDE
www.smallbusiness3.com/pdf/english/alabama.pdf
ALA ASSOC. OF REG. COUNCILS www.alarc.org GEORGIA SBA RESOURCE GUIDE
www.smallbusiness3.com/sites/default/files/guide-pdf/english/georgia.pdf
N. FLORIDA SBA RESOURCE GUIDE www.smallbusiness3.com/pdf/english/florida-north.pdf
U.S. SMALL BUS. ADMIN. www.sba.gov
SMALL BUS. DEV. CENTERS: www.asbdc-us.org SCORE www.score.org
ALABAMA SECRETARY OF STATE www.sos.state.al.us GEORGIA SECRETARY OF STATE www.sos.ga.gov FLORIDA SECRETARY OF STATE www.sos.ga.gov