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SBA Interested Parties Agreement

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SBA Interested Parties Agreement

This SBA Interested Parties Agreement (Agreement) is made and entered into as of by and between:

WHEREAS

WHEREAS, Primary Party is a recipient or participant in a program or transaction associated with certain Small Business Administration (SBA) funding or guarantee programs, and requires disclosure and recordation of parties with an interest in the subject transaction; and

WHEREAS, Interested Party represents that it has an interest in the Primary Party's transaction described herein by virtue of ownership, security interest, contractual right or other legal relationship, and desires to document the nature and extent of such interest for the benefit of the Primary Party and SBA program compliance; and

WHEREAS, the parties intend by this Agreement to set forth their mutual understandings, responsibilities, and the process by which Interested Party will be treated as an interested party for purposes of recordkeeping, notices, and any required SBA disclosures.

Scope of Work / Interest

The Interested Party's role and the specific interest to be acknowledged under this Agreement are described below. The description must be sufficiently detailed to permit clear identification of the interest and the Interested Party's rights and obligations.

Payment Terms

In consideration for services rendered or interests recognized under this Agreement, the parties agree the Primary Party shall make payments to Interested Party as set forth below.

All payments are exclusive of taxes. Each party shall be responsible for its own federal, state and local taxes arising from payments under this Agreement unless otherwise agreed in writing. If withholding is required by law, the payer shall withhold amounts required and provide documentation of such withholding.

Term and Termination

This Agreement commences on and continues until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure such breach within the notice period specified above. Termination shall not relieve either party of obligations accrued prior to termination, including payment obligations.

Confidentiality

"Confidential Information" means nonpublic information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information does not include information that is (a) publicly known through no act or omission of the receiving party; (b) rightfully received from a third party without restriction; or (c) independently developed by the receiving party without use of the disclosing party's Confidential Information.

The receiving party shall hold Confidential Information in strict confidence, shall not disclose it to any third party except to its employees, agents or advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein, and shall use Confidential Information solely for the purposes of performing its obligations under this Agreement. These confidentiality obligations shall survive termination of this Agreement for years unless otherwise required by law.

Representations; Compliance

Each party represents and warrants that it has full power and authority to enter into this Agreement and that its performance will comply with all applicable laws and regulations. Interested Party further represents that, to the best of its knowledge, no undisclosed conflict of interest would impair its role as an interested party under any SBA program requirements applicable to the Primary Party.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. The parties consent to the exclusive jurisdiction and venue of state and federal courts located within that State for any dispute arising out of this Agreement.

Entire Agreement; Amendments

This Agreement, including any written attachments or schedules referenced herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral. This Agreement may be amended or modified only by a written instrument signed by both parties.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Primary Party may assign to a successor in connection with a sale of substantially all of its assets or business to which this Agreement pertains.

Primary Party:

By:

Date:

Interested Party:

By:

Date:

Enter text✕

What the SBA Interested Parties Agreement Is and when it's used

The SBA Interested Parties Agreement documents individuals or entities with a direct financial or management interest in an SBA-backed transaction or contract. It identifies owners, guarantors, and affiliates whose status can affect eligibility, conflict-of-interest reviews, and compliance with Small Business Administration rules. The form is routinely requested during loan approvals, grant awards, or certain federal contracting processes to ensure transparency about control, ownership percentages, and related-party relationships relevant to SBA underwriting and regulatory review.

Why completing the SBA Interested Parties Agreement matters

Accurate disclosure reduces underwriting delays and helps ensure SBA program eligibility. The agreement supports conflict checks, fraud prevention, and clear ownership records that lenders and federal reviewers rely on during approval and post-award oversight.

Why completing the SBA Interested Parties Agreement matters

Who typically completes and reviews this agreement

Accurate, timely completion by the responsible signatories prevents downstream issues during SBA review and disbursement.

  • Business owners and officers complete ownership and control sections before submission to the lender.
  • Lenders and loan processors verify disclosures against eligibility criteria and beneficial ownership rules.
  • Attorneys and compliance teams review related-party relationships and advise on corrective disclosures if needed.

Typical signers and their roles

Owner / CEO

An owner or chief executive signs to attest to the accuracy of ownership percentages, affiliated entities, and any guarantor relationships. Their signature confirms the business-level disclosures required by lenders and the SBA.

Loan Officer / Counsel

A loan officer or attorney signs or certifies that the form was reviewed as part of underwriting; they confirm completeness, coordinate supporting documents, and flag discrepancies for resolution prior to submission.

Core elements to include in a professional SBA Interested Parties Agreement

A complete agreement captures identity, ownership, control, and supporting evidence. Each section should be clear, consistent with other loan documents, and signed by authorized representatives.

Party Identification

Full legal names, business names, and all DBA variants for each interested party, plus taxpayer identification numbers where requested.

Ownership Percentages

Exact percentage ownership for each individual or entity, with rounding conventions explained and total equaling 100%.

Control Relationships

Descriptions of direct and indirect control, board membership, management roles, and decision-making authority.

Affiliated Entities

List of related companies, subsidiaries, parent entities, and common ownership structures that could affect eligibility.

Disclosure Statements

Statements disclosing conflicts of interest, past SBA interactions, debarments, or material litigation relevant to SBA review.

Signature Blocks

Authorized signatory lines for each party with printed name, title, date, and witness or notary details if required.

Step-by-step: completing the SBA Interested Parties Agreement

Follow these steps in order to prepare a submission-ready agreement that aligns with loan documentation and SBA expectations.

  • 01
    Gather documents: Collect formation papers, ownership schedules, and IDs.
  • 02
    Enter party details: Populate names, roles, and TINs precisely.
  • 03
    Calculate ownership: Verify percentages and attach a cap table.
  • 04
    Sign and certify: Obtain signatures and notarization if required.

How to configure an online completion workflow

Set up digital routing and authentication to mirror your internal review and approval steps before submission to the lender or SBA.

Field Configuration
Signing Order Role-based routing: owner then lender reviewer.
Authentication Email link plus SMS code for higher assurance.
Attachments Require PDF uploads for IDs and formation documents.
Notifications Automatic reminders for incomplete signatures.

Typical submission flow for the form

The agreement is prepared, routed for signatures, and delivered to the lender with supporting documents for SBA review.

  • Prepare Document: Populate all required fields and attach exhibits.
  • Route to Signers: Send in the correct order with authentication.
  • Receive Signatures: Collect completed signatures and certificates.
  • Submit to Lender: Deliver the signed package for underwriting.

Digital signing and technical requirements

Use an e-signature platform that supports audit trails, secure attachments, and conditional fields to mirror the paper form's requirements.

  • File formats: PDF and DOCX accepted for upload.
  • Authentication: Email, SMS, or stronger methods supported.
  • Audit trail: Detailed logs with timestamps available.

Timing considerations and when to submit

Submit the agreement early in underwriting; delays in disclosure can stall loan approval or require amended filings.

At application:

Include the agreement with initial loan paperwork.

Before closing:

Resolve any ownership discrepancies prior to funding.

When changes occur:

Update and refile if ownership or control changes.

Regulatory review:

Keep copies available for SBA audits and post-closing reviews.

Record retention:

Retain signed copies per recordkeeping requirements.

Common mistakes to avoid when preparing the agreement

  • Listing nicknames or trade names instead of legal entity names leads to verification failures and slows underwriting.
  • Rounding ownership percentages without an explanatory schedule can produce totals that do not equal 100%, causing reconciliation queries.
  • Failing to disclose indirect ownership through holding companies hides control relationships and can trigger compliance flags.
  • Skipping required attachments, such as formation documents or IDs, often results in requests for resubmission and processing delays.

Consequences and compliance risks of incorrect disclosures

Loan delay: Processing stalls until discrepancies are resolved.
Ineligibility: Misstatements can render a borrower ineligible for SBA programs.
Civil penalties: False statements may lead to administrative sanctions.
Criminal exposure: Intentional fraud can trigger criminal investigation.
Repayment risk: SBA guarantees may be voided, shifting repayment liability.
Audit findings: Record deficiencies subject to SBA audit adjustments.

eSignature solution comparison for completing the agreement

Basic pricing and feature availability across common eSignature vendors. signNow appears first for direct comparison to other widely used platforms.

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 by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Available on premium plans Available Available Available Varies by plan
Audit Trail Yes Yes Yes Yes Yes
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about completing and submitting the agreement

Answers to common questions about signatures, eSubmission, notarization, and correcting errors on an SBA Interested Parties Agreement.


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