SBA SOP 50 10 8.1, A.Ch4.E.5 — Fees an Agent May Charge an Applicant for Packaging and Other Services

SOP 50 10 8.1 A.Ch4.E.5

Effective 2026-10-01 · publisher's stamp for this provision

5. Fees an Agent May Charge an Applicant for Packaging and Other Services CDCs and Agents must clearly inform any Applicant in writing that the SBA does not require the use of an Agent for packaging or referring a loan application. a. An Agent may charge an Applicant for: i. Packaging services to assist the Applicant with completing one or more applications, preparing a business plan, cash flow projections, and other documents related to the application; and ii. Other services that include consulting as to the amount and type of financing needed and broker or referral fees. b. The fees must be reasonable and customary for the services actually performed. c. An Agent may charge an Applicant fees for packaging and other services based on an hourly rate or on a percentage of the loan amount. In either case, all fees over $2,500 must be supported by documenting the service performed. d. For fees charged to an Applicant on an hourly rate, there is no maximum, but the fees must be reasonable and customary for the services actually performed. The hourly rate and time spent on each service must be documented. e. For fees charged to an Applicant based on a percentage of the loan amount, the fee may not exceed (if multiple services are provided to the Applicant, the combined fee for all services cannot exceed the stated maximums below): i. 3 percent on loans of $50,000 or less; ii. 2 percent for loans between $50,000 and the first $1,000,000 and 0.25 percent on the portion over $1,000,000; however, iii. The maximum fee that may be charged in the aggregate to an Applicant on a percentage basis is $30,000. f. If an Agent or Agents charge an Applicant fees in connection with obtaining a 504 loan, the Agent(s) must disclose the fees to SBA by completing SBA Form 159 in accordance with Paragraph E.7 below. g. SBA does not allow an Agent to charge an Applicant: i. A standard or flat fee charged to all Applicants; ii. Contingency fees (fees paid only if the loan is approved or closed); or iii. For services that are not reasonably necessary in connection with an application. h. SBA may review these fees at any time. Agents must refund any fee considered unreasonable or impermissible by SBA. i. Review of Agent Fees: i. CDCs must review the Agent’s services and related fees to determine if the fees are necessary and reasonable when: a) There is an indication from a third party that an Agent’s fees might be excessive; or b) When an Applicant complains about the fees charged by an Agent. ii. In cases where fees appear to be unreasonable, CDCs should contact the D/OCRM to report the fees. iii. If an SBA investigation determines an Agent fee is excessive, the Agent must reduce the fee to an amount SBA deems reasonable, refund any sum in excess of that amount to the Applicant, and refrain from charging or collecting from the Applicant any funds in excess of the amount SBA deems reasonable.

Source: SBA SOP 50 10 8.1, A.Ch4.E.5 — Fees an Agent May Charge an Applicant for Packaging and Other Services · source URL · snapshot 0fb0c4692cf52938