SBA Form 159 Fee Disclosure Form and Compensation Agreement

SBA form 159 is a U.S. Small Business Administration form also known as the "Fee Disclosure Form And Compensation Agreement". The latest edition of the form was released in August 1, 2014 and is available for digital filing.

Download an up-to-date SBA Form 159 in PDF-format down below or look it up on the U.S. Small Business Administration Forms website.

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OMB Approval No. 3245-0201
Expiration Date: 10/31/2017
FEE DISCLOSURE FORM AND COMPENSATION AGREEMENT
For Agent Services In Connection With a SBA 7(a) Loan
Purpose of this form: Section 13 of the Small Business Act (15 U.S.C. § 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. Section 103.5 requires any
Agent to execute and provide to SBA a compensation agreement showing the compensation charged for services
rendered or to be rendered to the Applicant or lender in any matter involving SBA assistance. “Agent” includes a loan
packager, referral agent, broker, accountant, attorney, consultant or any other party that receives compensation from
representing an Applicant or lender in connection with an SBA loan. (13 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 the
electronic code of federal regulations
website, http://www.e-cfr.gov.)
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 or its Associates 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 actually
performed. Compensation cannot be contingent on loan approval. In addition, compensation must not include any
expenses which are deemed by SBA to be unnecessary in connection with the loan application or are prohibited by
SBA rules. If the compensation is not permitted by SBA rules, the Agent or the Lender must cancel the
compensation, or refund to the applicant any portion the Applicant already paid. In cases where SBA deems the
amount of compensation unreasonable, the Agent or the Lender must reduce the compensation charged to an amount
SBA deems reasonable, refund to the Applicant any sum in excess of the amount SBA deems reasonable, and refrain
from charging or collecting directly or indirectly from the Applicant an amount in excess of the amount SBA deems
reasonable. Violation by an Agent or the Lender of any of these rules may result in SBA’s suspension or revocation
of the privilege of conducting business with SBA.
The following are not considered Agents for purposes of this form and, therefore, are not required to complete this
form: 1) 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-licensed appraiser employed by
the Lender to appraise collateral in connection with the SBA loan; 3) a lender service provider operating under an
SBA-approved lender service provider agreement; 4) an individual employed by the Lender to perform a business
valuation in connection with the SBA loan; 5) an environmental professional employed by the lender to conduct an
environmental assessment of the collateral in connection with the SBA loan; 6) a real estate agent who is receiving a
commission for the sale of real estate in connection with the SBA loan; and 7) any attorney in connection with the
7(a) loan closing. In addition, direct costs associated with document preparation in connection with the loan closing
do not need to be reported in this form.
Instructions for completing this form: This form must be completed in connection with a loan application and
submitted to lender if: (1) the Applicant has paid (or will be paying) compensation to an Agent or the Lender or (2)
the Lender has (or will be paying) a referral fee. There must be a separate, completed Form 159(7a) for each Agent
compensated by the Applicant. If the certifications are made by a legal entity other than an individual (e.g.,
corporation, limited liability company), execution of the certification must be in the legal entity’s name by a duly
authorized officer 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. (An itemization is required even if the compensation charged is on a percentage basis.)
1
OMB Approval No. 3245-0201
Expiration Date: 10/31/2017
FEE DISCLOSURE FORM AND COMPENSATION AGREEMENT
For Agent Services In Connection With a SBA 7(a) Loan
Purpose of this form: Section 13 of the Small Business Act (15 U.S.C. § 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. Section 103.5 requires any
Agent to execute and provide to SBA a compensation agreement showing the compensation charged for services
rendered or to be rendered to the Applicant or lender in any matter involving SBA assistance. “Agent” includes a loan
packager, referral agent, broker, accountant, attorney, consultant or any other party that receives compensation from
representing an Applicant or lender in connection with an SBA loan. (13 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 the
electronic code of federal regulations
website, http://www.e-cfr.gov.)
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 or its Associates 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 actually
performed. Compensation cannot be contingent on loan approval. In addition, compensation must not include any
expenses which are deemed by SBA to be unnecessary in connection with the loan application or are prohibited by
SBA rules. If the compensation is not permitted by SBA rules, the Agent or the Lender must cancel the
compensation, or refund to the applicant any portion the Applicant already paid. In cases where SBA deems the
amount of compensation unreasonable, the Agent or the Lender must reduce the compensation charged to an amount
SBA deems reasonable, refund to the Applicant any sum in excess of the amount SBA deems reasonable, and refrain
from charging or collecting directly or indirectly from the Applicant an amount in excess of the amount SBA deems
reasonable. Violation by an Agent or the Lender of any of these rules may result in SBA’s suspension or revocation
of the privilege of conducting business with SBA.
The following are not considered Agents for purposes of this form and, therefore, are not required to complete this
form: 1) 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-licensed appraiser employed by
the Lender to appraise collateral in connection with the SBA loan; 3) a lender service provider operating under an
SBA-approved lender service provider agreement; 4) an individual employed by the Lender to perform a business
valuation in connection with the SBA loan; 5) an environmental professional employed by the lender to conduct an
environmental assessment of the collateral in connection with the SBA loan; 6) a real estate agent who is receiving a
commission for the sale of real estate in connection with the SBA loan; and 7) any attorney in connection with the
7(a) loan closing. In addition, direct costs associated with document preparation in connection with the loan closing
do not need to be reported in this form.
Instructions for completing this form: This form must be completed in connection with a loan application and
submitted to lender if: (1) the Applicant has paid (or will be paying) compensation to an Agent or the Lender or (2)
the Lender has (or will be paying) a referral fee. There must be a separate, completed Form 159(7a) for each Agent
compensated by the Applicant. If the certifications are made by a legal entity other than an individual (e.g.,
corporation, limited liability company), execution of the certification must be in the legal entity’s name by a duly
authorized officer 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. (An itemization is required even if the compensation charged is on a percentage basis.)
1
Loan applicant name:
Loan applicant business name (if any):
System of Records Notification: Information obtained from this form is part of the Agency’s Privacy Act Systems of
Records, Loan Systems (“SOR 21”) and may become part of SBA’s System of Records for Suspension and Debarment
Files (“SOR 36”). As such this record and the information contained therein may be used, disclosed, or referred for the
following purposes, among others:
To the Federal, State, local or foreign agency or professional organization which investigates, prosecutes or
enforces violations of statutes, rules, regulations or orders, or which undertakes procurement of goods or services,
when SBA determines that disclosure will promote programmatic integrity or protect the public interest.
To SBA employees, contractors, interns, volunteers, and other regulators or legal authorities for the review of
Loan Agent fees and activities and for the review of loans generated by Loan Agents (e.g. for performance and
other trends).
To GSA and the public for publication of Loan Agent suspensions, revocations, debarments, other enforcement
actions, and exclusions in the System Awards Management’s (SAM) Excluded Parties List System (EPLS) or any
successor system and on the SBA website consistent with Executive Order 12549 and other applicable law.
To SBA employees, contractors, interns, volunteers and other regulators for regulatory purposes.
(See 77 FR 61467 (October 9, 2012), 77 FR 15835 (March 16, 2012), 74 FR 14890 (April 1, 2009) and as amended from
time to time for additional routine uses.)
Agent’s Agreement and Certifications: By signing this form, the undersigned Agent agrees that it has not and will
not directly 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 form. The undersigned Agent
certifies that the information provided in this form accurately describes the type of services it has provided to the
Applicant and that the compensation described in this form is the only compensation that has been charged to or
received from the Applicant or that will be charged to the Applicant for services covered by this form. The
undersigned Agent further certifies that neither it nor any of the principals of its organization are presently debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction
by any Federal department or Agency. WARNING: False certifications can result in criminal prosecution under
18 U.S.C. § 1001 and other penalties provided under law.
Type of agent:
Lender compensated by
Broker or Referral
Independent loan
Other (describe):
applicant for loan
agent employed by
packager
packaging services
applicant
Type of services agent provided to applicant:
Loan packaging
Financial statements
Broker or Referral
Other (describe):
specifically for the
services paid by
application
applicant
Total compensation charged to applicant:
$________________________
If the amount exceeds $2,500: For the entire compensation charged, attach a separate schedule itemizing 1)
the services performed; and 2) the hourly rate and the number of hours billed for that service. An itemization
describing the services actually performed is required even if the compensation charged is on a percentage
basis.
2
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 Certifications: The undersigned Applicant certifies to SBA that the above representations and amounts are
the only amounts paid (or that will be paid) by the Applicant in connection with the services covered by this form and are
satisfactory to the Applicant. The Applicant further certifies that a separate compensation agreement (SBA Form 159(7a))
False
has been executed for all Agents, as defined above, involved with this loan application. WARNING:
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)
Lender’s Certifications: The undersigned 7(a) participating lender certifies that the representations of services rendered
and amounts charged as identified in this form are reasonable and satisfactory to it. The undersigned also certifies that he
or she has no knowledge that any other Agent, as defined above, was engaged by, represented or worked on behalf of the
Applicant other than as disclosed above or in another executed compensation agreement (SBA Form 159(7a)). 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.C. § 1001 and other penalties provided under law.
gggggggggggggggg
___________________________________
(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 Loan Number ___________________________________ (if approved)
SBA Form 159(7a) (8-14)
PLEASE NOTE: The estimated burden for completion of this Form 159 is 5 minutes per response. You are not required to respond to this
information collection unless it displays a currently valid OMB approval number. Comments or questions on the burden estimate 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 THESE
ADDRESSES.
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