SBA rules · SOP 50 10 8.1
Can a government employee get an SBA loan?
Yes, government employees or businesses owned by them can obtain an SBA loan, subject to specific ethics approvals for federal personnel and provided the entity is not owned by a government body.
Quoted from SBA SOP 50 10 8.1Every quote checked word for word
In detail
- Federal executive branch employees (GS-13 and above): If a sole proprietor, general partner, managing member, officer, director, or 10% or greater stockholder (or their household member) is an executive branch federal employee at or above GS-13 or equivalent, the applicant must obtain a signed Statement of No Objection from that agency's ethics official and obtain written clearance from SBA via SNOMemos@sba.gov before submitting or approving the loan.
- SBA employees and other federal officials: Loans require prior approval by the Standards of Conduct Committee at SBA Headquarters if an individual with at least a 10% interest, an officer, director, general partner, or managing member (or their household member) is an SBA employee, a Member of Congress, or an appointed official or employee of the legislative or judicial branches.
- Former SBA employees: If an applicant employs or is owned/directed by someone who was an SBA employee within 1 year prior to the application, the loan must be approved by the Standards of Conduct Counselor.
- State, local, and municipal employees: The SOP contains no restrictions, special clearance requirements, or prohibitions regarding state, local, or municipal government employees as individual borrowers or business owners.
- Government-owned entities: A business owned by a municipality or other political subdivision is ineligible for SBA assistance.
The source
What the SOP says
“The Applicant must submit to the SBA Lender a statement of no objection signed by the appropriate ethics official of the pertinent department or military service if its sole proprietor, general partner, managing member, officer, director, or stockholder with a 10% or more interest, or a Household Member of such individual, is an employee of another department or agency of the Federal Government (Executive Branch) in a grade of at least GS-13 (or its equivalent).
“SBA Lenders must submit the statement as a PDF attachment to SNOMemos@sba.gov and receive written clearance from SBA prior to submitting the application to the SBA loan processing center (non-delegated) or processing the application under their delegated authority.
“If an Applicant has, as an employee, owner, general partner, managing member, attorney, agent, owner of stock, officer, director, creditor or debtor, an individual who, within 1 year prior to the loan application, was an SBA Employee (as defined by 13 CFR § 105.201(a)), the loan application must be approved by the Standards of Conduct Counselor. 13 CFR § 105.203(a)
“If an Applicant has, as its sole proprietor, general partner, managing member, officer, director, or stockholder with a 10% or more interest, an individual who is an SBA Employee (as defined by 13 CFR § 105.201(a)) or a Household Member of an SBA Employee, the loan application must be approved by the Standards of Conduct Committee at SBA Headquarters. (13 CFR § 105.204)
“If an Applicant has, as its sole proprietor, general partner, managing member, officer, director, or stockholder with a 10% or more interest, or a Household Member of such individual, an individual who is a Member of Congress, an appointed official or employee of the legislative or judicial branch of the Federal Government, a member or employee of a Small Business Advisory Council, or a SCORE volunteer, the loan application must be approved by the Standards of Conduct Committee. 13 CFR §§ 105.301(c) and 105.302(a).
“Government-Owned Entities, except for businesses owned or controlled by a Native American tribe are not eligible. 13 CFR § 120.110(j)
“Businesses owned by municipalities and other political subdivisions are not eligible.
“SNOMemos@sba.gov Submission of Statement of No Objection - The SBA Lender must submit the Applicant’s statement of no objection signed by the appropriate ethics official of the pertinent department or military service if its sole proprietor, general partner, managing member, officer, director, or stockholder with a 10% or more interest, or a Household Member of such individual, is an employee of another department or agency of the Federal Government (Executive Branch) in a grade of at least GS-13 (or its equivalent).
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This page quotes the SBA's Standard Operating Procedure 50 10 8.1. Lenders can ask for more than the SBA minimum. It is general information, not a loan approval or legal advice.