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Leases
If the Borrower is different than the Operating Company, there must be a lease between the Borrower and Operating Company for 100% of the project property. If there is a subtenant, the sublease must be between the Operating Company and the subtenant. When the borrower’s are a husband and wife, and the business is operated/owned by one spouse, a lease is not required.
Subordination Agreements
Every lease and sublease on the project property is to be made “subordinate,” or junior, to the SBA deed of trust. The Borrower and the Operating Company must sign the Subordination Agreement, which relates to their lease. The Operating Company and the subtenant must sign the subordination agreement, which relates to their lease. Each signature must be notarized. CDC can provide borrowers with copies of this agreement. As long as the subtenant is not in default of the lease, tenancy should not be disturbed or interrupted.
The Operating Company must occupy the project property during the term of the loan (51% if existing building; more if new construction). The Operating Company must occupy the Project Property by the closing of the loan. In highly limited, pre-approved situations, occupancy may occur after closing with prior approval by the SBA.
The borrower’s contribution must be completed prior to closing. Proof of the contribution must be provided.
Every corporation must have a President, Secretary and Treasurer. These positions may be filled by one person or by multiple people. Corporate officers must be elected on an annual basis. Proof of their election within the last 12 months is required. CDC Small Business Finance can assist with a sample resolution for corporate officers.
If a corporation has one shareholder, at least one director is required. If a corporation has two shareholders, at least two directors are required. If a corporation has three or more shareholders, at least three directors are required. Corporate directors must be elected on an annual basis. Proof of their election within the last 12 months is required.
An IRS W-9 form must be completed and submitted with every package. Relevant tax reporting information will be reported by the central servicing agent to the person or entity identified on this form. The Borrower must select one person or entity and insert all applicable information.
Hazard insurance on the Project Property must be obtained prior to closing and be current. It must contain a mortgagee clause in favor of the SBA and the CDC. The amount should be full-replacement cost. The policy must provide for 10 days notice prior to cancellation.
Financial statements from Operating Company current to within 90 days of closing are required.
In projects involving construction, the Borrower must provide: (1) a Certificate of Occupancy or Final Inspection at approval; (2) a notice of completion of the work; (3) proof of construction expenditures. Your CDC loan officer and loan package can provide assistance in this regard.
Some debt must be made subordinate to the SBA deed of trust. Frequently, this is debt of the Operating Company to a shareholder. A document entitled a Standby Agreement will subordinate the debt.
Payments are due on the first business day of each month.
You may have your monthly payment automatically deducted from an account you select or you may wire your monthly payment directly to the Central Servicing Agent (also known as Colson Services). If payments are wired, they are still due on the first business day of the month.
Colson Services is our central processing center. They handle all payment processing and loan accounting. You will notice that your bank statement will read Colson Services followed by your loan number. If you have questions about payments, please contact CDC directly. Colson Services does not handle any phone calls or correspondence.
No. Regardless if payments are deducted or wired, no monthly billing is provided. At loan inception, you are provided an amortization schedule. The principal and interest reflected on the schedule is accurate as long as monthly payments are consistently paid on time.
The fee paid to SBA represents a guarantee fee required under the federal regulations. Under most SBA programs, the guarantee fee is paid at loan inception. The fee in the 504 program is paid on a monthly (as you go) basis. The fee to the Central Servicing Agent (Colson Services) covers the tracking of monthly payments as well as annual statement reflecting your interest and fees paid for the prior year. CDC (that’s us) services your loan from inception to payoff.
The SBA-504 loan is fully amortizing over 20 years – there are no rate adjustments during that period. Most commercial lenders do not offer a fixed-rate loan on commercial real property for longer than 7 years