New SBA SOP 50 10 8.1 and Partial Changes of Ownership
Hey all,
I'm looking for input from this community around partial changes of ownership under the new "Initial Acquisition" transaction type as defined by the new SBA SOPredacted.
The language in the SOP itself seems pretty clearly to state that a seller must 100% exit under any transactions categorized as an "Initial Acquisition". Additionally, for a buyer who is not already associated with a business, the new "Partial Buyout" category allows a buyer to purchase no more than 50%. If interpreted literally, I take this to mean that any partial changes of ownership more than 50% but less than 100% are no longer allowed.
That said, I have a lender who is confident this is not the intent of the new SOP. He and his bank are moving forward continuing as planned to submit loans with partial changes of ownership (i.e. buyer takes 90%, seller retains 10%).
Is anyone else getting mixed messages on this? It's been challenging to get a definitive answer on this, so I wanted to post here to see if others are seeing this, too.