Can a non-citizen/resident be an equity investor in an SBA-backed deal?

February 29, 2024

by a searcher in Rancho Cucamonga, CA, USA

Does anyone know if a non-citizen/resident can be an equity investor (say 5% - 10%) in an SBA-backed deal?

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Reply by a professional
from American University in Irvine, CA, USA

Richard: that ownership should work for you, but there are other factors which will impact the answer. There are some industries/companies in the United States which have restrictions on foreign ownership, and so it depends on the sector your financing. There are also governmental prohibitions on the ability of companies to have certain individual owners, either because they are sanctioned or they are citizens of countries which are sanctioned. The terms of licenses or permits held by the company can sometimes have restrictions, as well. There may also be immigration considerations on an individual's ownership of a company, especially if they intend to work in the business. Finally, if the company is subject to any aggregate maximum amount of foreign ownership (for any of the above reasons), you have to make sure that the percentage is not already filled before inviting another foreign owner to participate. It would make sense to have an attorney review the specifics of any transaction before committing to anything.

Reply by a lender
from Eastern Illinois University in 900 E Diehl Rd, Naperville, IL 60563, USA

I think you already have the answer, but to provide additional clarification, so long as the control of the business (51% or more of the shares or membership interest) is owned by U.S. citizens or green card holders, you can have non-US citizens or foreigners own the remaining 49% of the business.

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