Companies must look to the SBA business loan affiliation rules found at 13 C
- that meet the alternative size standard requirement (i.e., less than $15 million in net worth and average net income after taxes of not more than $5 million).
Importantly, except for limited categories of businesses addressed below, the PPP and SBA’s size standards require the entity to take into account employees of any “affiliates” when determining the entity’s employee headcount. Affiliates are entities that control or have the power to control the other. Affiliates also includes entities that are controlled, or could be controlled, by a common third party. Parents and subsidiaries, brother-sister entities, and entities all owned by a common holding entity or person are obvious examples of affiliates.
The amount of loan requested may also be an area of enforcement
Whether an entity controls or has the power to control another involves an assessment of the company’s ownership and management structure. Control exists where there is a greater than 50 percent ownership of voting interests or the ability to control the board of directors or managing board. Minority owners can also be deemed to have control where, for example, they have the ability to block a quorum, can dictate operational aspects of the company, declare dividends or block certain non-extraordinary corporate events (e.g., bankruptcy). Read more
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