13 C.F.R. § 123.301

When would my business not be eligible to apply for an economic injury disaster loan?

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Your business is not eligible for an economic disaster loan if you (or any principal of the business) fit into any of the categories in §§ 123.101 and 123.201, or if your business is:

(a) Engaged in lending, multi-level sales distribution, speculation, or investment (except for real estate investment with property held for rental when the disaster occurred);

(b) A non-profit or charitable concern, other than a private non-profit organization;

(d) Not a small business concern; or

(e) Deriving more than one-third of gross annual revenue from legal gambling activities;

(f) A loan packager which earns more than one-third of its gross annual revenue from packaging SBA loans;

(g) Principally engaged in teaching, instructing, counseling, or indoctrinating religion or religious beliefs, whether in a religious or secular setting; or

(h) Primarily engaged in political or lobbying activities.

[61 FR 3304, Jan. 31, 1996, as amended at 63 FR 46644, Sept. 2, 1998; 75 FR 14333, Mar. 25, 2010; 88 FR 39341, June 16, 2023]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Kyle Rose v. Small Bus. Admin. (MSPB 2024).

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Kyle Rose v. Small Bus. Admin. (MSPB 2024). · cites it 2× “Although the appellant is correct that 13 C.F.R. § 123.301 (2020) generally prohibits religious institutions from receiving an economic injury disaster loan, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) granted increased eligibility for small businesses and…”

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