13 C.F.R. § 120.100
What are the basic eligibility requirements for all applicants for SBA business loans?
To be eligible for an SBA business loan, a small business applicant must:
(a) Be an operating business (except for loans to Eligible Passive Companies);
(b) Be organized for profit;
(c) Be located in the United States;
(d) Be small under the size requirements of part 121 of this chapter (including affiliates). See subpart H of this part for the size standards of part 121 of this chapter which apply only to 504 loans; and
(e) Be able to demonstrate a need for the desired credit.
Notes of Decisions
Cited in 8
cases (7 in the last 5 years), 2020–2025 · leading case: U.S. Federal Credit Union v. Gateway Radiology Consultants, P.A.
U.S. Federal Credit Union v. Gateway Radiology Consultants, P.A. (2020)
“13 C.F.R. § 120.100 (a)–(e); see also id.”
United States v. Klein (2022)
“”713 CFR 120.100. To ensure the debtors qualify, the SBA must rely upon the debtor’s representations in the application and loan documents.”
Gordon College v. Small Business Administration (2024)
“§ 636 (a), which SBA has defined to be an entity “operating business,” “organized for profit,” “located in the United States,” under certain “size requirements” that vary by industry, and “demonstrate[s] a need for the desired credit,” 13 C.F.R. § 120.100 ; see also 15 U.S.C. §…”
Salutoceuticals, LLC v. United States Small Business Administration (2024)
“The SBA’s regulations on eligibility for ordinary Section 7(a) loans, 13 C.F.R. §§ 120.100 , 120.101, 120.110, consider such factors as a loan applicant’s size, its need for credit, and the nature of its business, but not whether its operating expenses include payments to…”
35 State Street Hotel Partners, LLC v. Guzman (2025)
“” 13 C.F.R. § 120.100 (d) (2025). Part 121 goes on to explain that size requirements are based either on number of employees or annual receipts and vary by industry.”
Gordon College v. Small Business Administration (2025)
“§ 636 (a), which SBA has defined to be an entity that is an “operating business,” “organized for profit,” “located in the United States,” under certain “size requirements” that vary by industry, and “demonstrate[s] a need for the desired credit,” 13 C.F.R. § 120.100 ; see also…”
Crouse Health Hospital, Inc. v. United States Small Business Administration (2025)
“As a result, absent the CARES Act directly specifying otherwise, the default assumption would be that nonprofits, which regulations establish are ineligible for Section 7(a) business loans, see 13 C.F.R. §§ 120.100 , 121.105, would also be ineligible for PPP loans.”
Shop Rite v. SBA (2025)
“101 (a) (citation modified); see 13 C.F.R. § 120.100 (d). For example, NAICS code “722513” is appropriate for “limited-service restaurants” and other codes beginning with “72” are _____________________ 1 The district court did not address the OHA’s determination that Shop Rite…”
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