13 CFR §120.110
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The following types of businesses are ineligible:
- (a)Non-profit businesses (for-profit subsidiaries are eligible);
- (b)Financial businesses primarily engaged in the business of lending, such as banks, finance companies, and factors (pawn shops, although engaged in lending, may qualify in some circumstances);
- (c)Passive businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds (except Eligible Passive Companies under § 120.111);
- (d)Life insurance companies;
- (e)Businesses located in a foreign country (businesses in the U.S. owned by aliens may qualify);
- (f)Pyramid sale distribution plans;
- (g)Businesses deriving more than one-third of gross annual revenue from legal gambling activities;
- (h)Businesses engaged in any activity that is illegal under Federal, State, or local law;
- (i)Private clubs and businesses which limit the number of memberships for reasons other than capacity;
- (j)Government-owned entities (except for businesses owned or controlled by a Native American tribe);
- (k)- (l) [Reserved]
- (m)Loan packagers earning more than one third of their gross annual revenue from packaging SBA loans;
- (n)Businesses with an Associate who is currently incarcerated, serving a sentence of imprisonment imposed upon adjudication of guilty, or is under indictment for a felony or any crime involving or relating to financial misconduct or a false statement;
- (o)Businesses in which the Lender or CDC, or any of its Associates owns an equity interest;
- (p)Businesses which:
- (q)Unless waived by SBA for good cause, businesses that have previously defaulted on a Federal loan or Federally assisted financing, resulting in the Federal government or any of its agencies or Departments sustaining a loss in any of its programs, and businesses owned or controlled by an applicant or any of its Associates which previously owned, operated, or controlled a business which defaulted on a Federal loan (or guaranteed a loan which was defaulted) and caused the Federal government or any of its agencies or Departments to sustain a loss in any of its programs. For purposes of this section, a compromise agreement shall also be considered a loss;
- (r)Businesses primarily engaged in political or lobbying activities; and
- (s)Speculative businesses (such as oil wildcatting).