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efta-efta00603331DOJ Data Set 9OtherOMB Approval No. 3245-0201
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DOJ Data Set 9
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efta-efta00603331
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OMB Approval No. 3245-0201
Expiration Date: 11/3012012
FEE DISCLOSURE FORM AND COMPENSATION AGREEMENT
For Agent Services In Connection With an SBA 7(a) Loan
Purpose of this form: Section 13 of the Small Business Act (15 USC §642) requires that a small business SBA
loan applicant ("Applicant") identify the names of persons engaged by or on behalf of the Applicant for the
purpose of expediting the application and the fees paid or to be paid to any such person. 13 C.F.R., Part 103.5
requires any Agent to execute and provide to SBA a compensation agreement ("Agreement") showing the
compensation charged for services rendered or to
p
be rendered to the Applicant or lender in any matter involving
other
"Agent"
compensationnder loan ackager, refernal agent, accountant attomem,consultant. pi any
other party mat receives
troth representing an Applicant in connection With an sisn man. k
C.F.R. Part 103 and sections 120.221, and 120.222 contain the rules governing compensation of Agents in
connection with a 7(a) loan. These rules may be found at www.sba.govflibrary.)
A 7(a) participating lender ("Lender") may charge an Applicant reasonable fees for packaging services that are
customary for similar lenders in the geographic area where the loan is being made. The Lender must advise the
Applicant in writing that the Applicant is not required to obtain or pay for these services if they are unwanted.
The Lender cannot charge an Applicant any commitment, bonus, broker, commission, referral or similar fee.
If an Applicant chooses to employ an Agent to represent the Applicant, compensation an Agent or the Lender
charges to and that is paid by the Applicant must bear a necessary and reasonable relationship to the services
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the amount of compensation unreasonable, the Agent or the Lender must reduce the compensation charged to an
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amount SBA deems reasonable. Violation.bv an Agent or the Lender Of any of these rules may result in SBA's
suspension or revocation ot the pnvitege ot conducting business with SBA.
The following are not considered Agents for purposes of this Agreement and, therefore, are not required to
complete this Agreement: I) Applicant's accountant for the preparation of financial statements required by the
Applicant in the normal course of business and not related to the loan application; 2) a state-certified or state-
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performs a business valuation; 5) an environmental professional employed by the lender to conduct an
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loan closing do not need to be reported in this Agreement.
Instructions on completion of this form : This form must be completed in connection with a loan application if I)
the Applicant has paid (or will be paying) compensation to an Agent or the Lender 2) if the Lender has (or will
be paying) referral fee. There must be a completed Agreement for each Agent compensated by the Applicant. If
the certifications are,wade by a legal entint other than an individual (pa, corporationdimited liability company),
execution ot the certification mustte
me legal entity s name toy a duly auttfonzea othcer or other
representative of the entity; if by a partnership, execution of the certification must be in the partnership's name by
a general partner. If the total compensation exceeds $2,500, the compensation must be itemized.
PLEASE NOTE: The estimated burden for completion of this Form 159 is 5 minutes per response. You arc not required to respond to this information collection
unless it displays a currently valid OMB approval number. Comments on the burden should be sent to U.S. Small Business Administration. Chief. Administrative
Information Branch. Washington, D.C. 20416, and Desk Officer for SBA, Office of Management and Budget. New Exec. Office Building, Room 10202. Washington,
D. C. 20503. PLEASE DO NOT SEND FORMS TO OMB.
SBA Form 159 (7a) (8-09) Ref SOP 50 10 and 70 50. Previous editions obsolete.
I
EFTA00603331
Loan applicant name:
Loan applicant business name (if any):
re .t and Cer
estityraigning this Agreement, the undersigned Agent agrees that it has not
,
tip
a
Vector or indirectly Charge or receive any payment in connection with the application for or making of
the SBA loan except for services actually performed on behalf of Applicant and identified in this Agreement. The
undersigned Agent cedifies that the information provided in this.Aereement accurately descbes the
of services
it has providecrto the Applicant and that the compensation described in this Agreemertt is me only compensation teat
has been charged to or received from the Applicant or that will be charged to the Applicant as an Agent for services
covered by this Agreement. WARNING: False certifications can result in criminal prosecution under 18 U.S.C.
§1001 and other penalties provided under law.
Type of agent:
O Independent loan
packager
O Lender compensated
by applicant for loan
packaging services
dd
aCeigitiEgooyegelitrat
applicant
O Other (describe):
Type of services agent provided to applicant:
O Loan packaging
O Financial statements
specifically for the
application
sakekliafli§fferral
applicant
O Other (describe):
Total compensation charged to applicant :
lithe amount exceeds $2,500: For the entire
$
compensation charged, attach a separate schedule itemizing 1)
and the number of hours billed for that service.
the services performed; and 2) the hourly rate
Agent Name and Signature:
BY —(Signature of agent)
(Date)
(Name of agent — please print)
(Business name of agent — please print)
(Business address of agent including zip code)
(Business address cont.)
Applicant's Certification : The undersigned Applicant certifies to SBA that the above representations and amounts are
the only amounts paid by the Applicant in connection with the services covered by the Agreement and are satisfactory to
the Applicant. The Applicant further certifies that a compensation agreement (Form 159) has been executed for all
Agents, as defined above, involved with this loan. WARNING: False certifications can result in criminal
prosecution under 18 U.S.C. § 1001 and other penalties provided under law.
By:
(Applicant's Name)
(Signature of authorized representative)
(Date)
(Name of authorized representative - please print)
SBA Form 159 (7a) (8-09) Ref SOP 50 10 and 70 50. Previous editions obsolete.
2
EFTA00603332
Lender's Certification: The undersigned 7(a) participating lender certifies that the representations of services rendered
to tT 811211`kfirodialasolvtagethiti
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of the Applicant other than disclosed above or in another executed compensation agreement (Form 159). The undersigned
further certifies that any referral fees described below are the only referral fees paid by the lender to a referral
agent in connection with this loan, and were not charged directly or indirectly to the Applicant. WARNING: False
certifications can result in criminal prosecution under 18 U.S.0 § 1001 and other penalties provided under law.
(Name of referral agent — please print)
(7(a) lender name)
(Business name of agent — please print)
By:
(Signature of authorized lender representative)
(Date)
(Business address of agent including zip code)
(Name of authorized lender representative - please print)
(Business address cont.)
Referral fee paid, if any: $
SBA Form 159 (7a) (8-09) Ref SOP 50 10 and 70 50. Previous editions obsolete.
3
EFTA00603333
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