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Business SBA Declaration

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BUSINESS SBA DECLARATION

Parties and Identification

EIN / Tax ID:

Primary Contact:

Phone:

Email:

WHEREAS Recitals

WHEREAS, Business Name: (the "Applicant") operates the business described above and seeks a loan or financial assistance to support business operations and recovery;

WHEREAS, Lender Name: (the "Lender") will evaluate and, subject to the Lender's underwriting, may extend assistance conditional on the representations and certifications contained in this Declaration;

WHEREAS, the parties intend that the funds, if provided, will be used in accordance with the scope set forth below and that the Applicant makes the following declarations, representations and warranties in support of such assistance.

Scope of Work / Use of Funds

Describe the scope of work, specific activities to be financed, and measurable objectives. Include timeline and deliverables.

Payment Terms

Requested Assistance Amount:

Late Payment Fee (if applicable): . Any late fee applied shall be reasonable, not punitive, and consistent with applicable law.

Term and Termination

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Declaration for material breach upon days' prior written notice, provided the breaching party fails to cure within such notice period. Termination does not affect rights or obligations that accrued prior to termination.

Confidentiality

Each party shall maintain in confidence all non-public information disclosed in connection with this Declaration that a reasonable business person would consider confidential. Confidential information shall not be used except to perform obligations under this Declaration and shall not be disclosed to third parties except as required by law, regulation, or court order, provided the receiving party gives prompt notice to the disclosing party when permissible.

Representations and Certifications

By checking each box the Applicant certifies under penalty of perjury that the statements are true and complete to the best of Applicant's knowledge and belief:

Governing Law

This Declaration shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles. Venue for any dispute arising from this Declaration shall lie in the state or federal courts located in the county of the governing state unless otherwise agreed in writing.

Entire Agreement

This Declaration, together with any attachments, exhibits, or promissory instruments executed contemporaneously, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, whether written or oral. Any modification must be in writing and signed by both parties.

Acknowledgment and Signature

The undersigned representative certifies that they are duly authorized to execute this Declaration on behalf of the Applicant and that the facts and representations herein are true and complete.

Business Applicant:

By:

Date:

Lender / Authorized Representative:

By:

Date:

Enter text✕

What the Business SBA Declaration Is and when it's used

The Business SBA Declaration is a formal written statement used by a business to disclose ownership, tax identification, and certifications in connection with Small Business Administration programs, loans, or grants. It typically collects business legal name, EIN or SSN, ownership percentage, minority or veteran-owned status, and attestations about truthfulness and eligibility. The document can be submitted with an SBA application or requested during program compliance reviews. While formats vary by lender or program, the declaration serves as an official source of facts about the business and its controlling parties.

Why a clear Business SBA Declaration matters

A complete declaration reduces processing delays and supports eligibility determinations for SBA loans and programs. Clear attestations and accurate identifiers help lenders and regulators verify status without repeated requests.

Why a clear Business SBA Declaration matters

Who completes and relies on the Business SBA Declaration

Typical filers and recipients include small business owners preparing SBA loan packages, authorized company signers, and lenders or program administrators reviewing eligibility.

  • Small business owners and authorized officers who supply ownership and tax data for loan or grant applications.
  • Commercial lenders and SBA program officers who use the declaration to verify eligibility and perform due diligence.
  • Company counsel or accountants who prepare or review declarations to ensure regulatory and tax accuracy.

Accurate completion protects funding decisions and reduces the risk of post-award compliance findings or repayment obligations.

Step-by-step: completing the declaration

Follow this sequence to prepare a compliant Business SBA Declaration and avoid common delays.

  • 01
    Gather documents: Collect EIN, formation papers, owner IDs, and certifi cations.
  • 02
    Fill core fields: Enter legal name, TIN, ownership percentages, and addresses.
  • 03
    Attach support: Upload formation documents and any certification paperwork.
  • 04
    Authorize and sign: Have an authorized officer sign and date the form.

Where to file or submit the completed declaration

Submission paths depend on the program and lender; use the route specified in application instructions to avoid misrouting.

  • With lender application: Attach to the SBA loan package submitted to your participating lender.
  • SBA program portal: Upload directly to the SBA portal when the solicitation or program requires it.
  • Request from administrator: Send to the program administrator or contracting officer if requested post-award.
  • Retention copy: Keep a signed copy in your records for compliance and audit purposes.

Configuring an online workflow for the declaration

Set up a repeatable workflow for routing, authentication, reminders, and storage to streamline submissions and audits.

Field Configuration
Signer order Sequential or parallel routing as required by lender
Authentication Email link, SMS code, or stronger ID verification
Reminders Automated reminders for outstanding signatures
Storage Secure retention location and backup policy

Digital signing and eSubmission requirements

Use an eSignature platform that supports secure authentication, audit trails, and required document formats.

  • Integrations: Salesforce, NetSuite, Google Workspace compatibility
  • Formats: PDF, DOCX, and searchableOCR supported
  • Authentication: Email link, SMS, KBA, or SSO options

Ensure the chosen platform can produce an audit trail, support HIPAA/BAA when needed, and export tamper-evident signed copies for filing.

Key deadlines and timing considerations

Time-sensitive events depend on tax reporting and SBA program schedules. Prepare submissions early to allow lender review and any follow-ups.

Provide on request:

W-9 style information is provided when a payer requests it; no fixed federal deadline

Tax reporting dates:

1099-NEC and W-2 recipient copies due by Jan 31 annually

Federal tax return:

Form 1040 due April 15; extensions available to Oct 15

SBA application windows:

Follow program-specific closing dates published by the SBA or lender

Record retention:

Retain signed declarations per applicable retention rules to support audits

Common mistakes to avoid when preparing the declaration

  • Entering an incorrect EIN or TIN, which can trigger backup withholding or delay verification requests.
  • Providing rounded or inconsistent ownership percentages that do not sum to 100 percent, causing verification failures.
  • Failing to attach required supporting certifications (minority, veteran, or ownership documentation) when claimed.
  • Using handwritten or low-quality scans that prevent automated processing and lengthen review cycles.

Penalties and risks from incorrect declarations

1099 late (≤30d): $60 per form (IRC §6721)
1099 late (≤Aug): $130 per form (IRC §6721)
1099 late (after Aug): $330 per form (IRC §6721)
Intentional disregard: $660+ per form (no cap)
I-9 paperwork: $281–$2,789 per violation (8 CFR §274a.2)
Audit findings: Repayment or penalties may follow material misstatements

Security and compliance considerations for digital submissions

Encryption in transit: TLS 1.2 / 1.3
Encryption at rest: AES-256
Audit trails: Timestamp, IP, and action history
Regulatory compliance: ESIGN, UETA, 21 CFR Part 11
Privacy frameworks: GDPR and CCPA adherence
HIPAA readiness: BAA available when required

Essential components of a professional Business SBA Declaration

A complete declaration has consistent, verifiable sections that lenders and administrators rely on for eligibility and audit purposes.

Entity details

Legal name, DBA, formation state, and business address to match formation documents and tax records.

Tax identifiers

Employer Identification Number or Social Security Number provided in exact numeric format for IRS matching.

Ownership table

List all owners, titles, and ownership percentages totaling 100% with supporting ID documentation.

Eligibility attestations

Certify program-specific eligibility criteria, conflict of interest disclosures, and truthful representation statements.

Supporting attachments

Include articles of organization, operating agreement, or equivalent documents proving ownership and authority.

Authorized signature

Signature, printed name, title, and date from an authorized officer with contact information.

Real-world examples of how declarations are used

These brief examples illustrate practical contexts where a Business SBA Declaration supports funding and compliance.

Martin Properties

Tim Martin used an online declaration to centralize ownership and tax data for a loan application.

  • The declaration attached formation documents and an EIN.
  • The lender completed eligibility checks faster and the company retained a signed copy for audit readiness, reducing document turnaround risk.

Fertility Centers of Illinois

John Butler integrated signed declarations into NetSuite workflows for consistent recordkeeping.

  • The process automated routing to finance and legal.
  • Centralized electronic records improved compliance visibility and simplified responses to internal and external audits.

Who is authorized to sign and why authority matters

Authorized Signer — CEO

The chief executive or other officer with delegated authority typically signs to bind the business. Confirm corporate resolutions or operating agreements to ensure the signer has authority to certify business facts.

Company Counsel — Attorney

Legal counsel may sign where specifically authorized or may provide attestations after reviewing corporate documents; their signature often accompanies a legal opinion or certification statement.

Frequently asked questions about the Business SBA Declaration

Answers to common questions about completion, signatures, notarization, and electronic submission to reduce confusion and rework.


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eSignature vendor pricing and feature snapshot relevant to declarations

Comparison of starting prices and core capabilities for common eSignature vendors; signNow is listed first for direct comparison across typical needs for Business SBA Declarations.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies
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