13 C.F.R. § 120.130

Current through May 31, 2024
Section 120.130 - Restrictions on uses of proceeds

SBA will not authorize nor may a Borrower use loan proceeds for the following purposes (including the replacement of funds used for any such purpose):

(a) Payments, distributions, or loans to Associates of the applicant (except for ordinary compensation for services rendered or to facilitate changes of ownership in accordance with § 120.202 ) ;
(b) Refinancing a debt owed to a Small Business Investment Company ("SBIC") or a New Markets Venture Capital Company ("NMVCC");
(c) Floor plan financing or other revolving line of credit, except under § 120.340 or § 120.390 ;
(d) Investments in real or personal property acquired and held primarily for sale, lease, or investment (except for a loan to an Eligible Passive Company or to a small contractor under § 120.310 ) ;
(e) The applicant may not use any of the proceeds to pay past-due Federal, state, or local payroll taxes, sales taxes, or other similar taxes that are required to be collected by the applicant and held in trust on behalf of a Federal, state, or local government entity.
(f) A purpose which does not benefit the small business; or
(g) Any use restricted by §§ 120.201 and 120.884 (specific to 7(a) loans and 504 loans respectively).

13 C.F.R. §120.130

61 FR 3235, Jan. 31, 1996, as amended at 76 FR 9218, Feb. 17, 2011; 76 FR 63545, Oct. 12, 2011; 82 FR 39502, Aug. 21, 2017; 85 FR 7648, Feb. 10, 2020; 85 FR 80588, Dec. 14, 2020; 88 FR 21085, Apr. 10, 2023
82 FR 39502, 9/20/2017; 85 FR 7648, 3/11/2020; 85 FR 80588, 3/27/2020; 88 FR 21085, 5/11/2023