SBA Form 2281 Gulf Opportunity Pilot Loan Program Borrower Information

OMB Approval No.:3245-0355 Expiration Date:

GULF OPPORTUNITY PILOT LOAN PROGRAM BORROWER INFORMATION FORM

(To be completed by each proprietor, partner, officer, director, holder of 20% or more of voting stock of a corporate applicant, any other person, including a hired manager, who has authority to speak for and commit the borrower in the management of the applicant business, and any person from whom a personal guaranty is required by SBA.)

APPLICANT BUSINESS NAME: _________________________________________________________________________

INDIVIDUAL NAME: ____________________________________ TITLE: _______________________________________

SOCIAL SECURITY NUMBER: __________________________ DATE OF BIRTH: _______________________________

PLACE OF BIRTH (City & State or Foreign Country): _________________________________________________________

CITIZENSHIP: ______________ IF NOT U.S., TYPE OF VISA OR ALIEN REGISTRATION: ______________________

ALL QUESTIONS MUST BE ANSWERED

(1) Are you presently under indictment, on parole or probation? Yes □ No □

(2) Have you ever been charged with or arrested for any criminal offense other than a minor vehicle

violation (including offenses which have been dismissed, discharged, or nolle prosequi)? Yes □ No □

(3) Have you ever been convicted, placed on pretrial diversion, or placed on any form of probation

including adjudication withheld pending probation for any criminal offense other than a minor

vehicle violation? Yes □ No □

(4) Has an application for the loan you are applying for now ever been submitted to SBA under any

program (except disaster)? Yes □ No □

(5) Are you presently debarred, suspended, proposed for disbarment, declared ineligible, or

voluntarily excluded from participation in this transaction by any Federal department or agency? Yes □ No □

(6) If you are at least a 50% or more owner of applicant business, are you more than 60 days

delinquent on any obligation to pay child support arising under an administrative order, court

order, repayment agreement between the holder and a custodial parent, or repayment agreement

between the holder and a state agency providing child support enforcement services? Yes □ No □

If ‘YES’ to any above question, this application may not be submitted under Gulf Opportunity Pilot Loan Program procedures. (Please contact the local SBA office for assistance with those applications.)

(7) Are any of your business’s products or services exported or do you plan

to begin exporting as a result of this loan? Yes □ No □

(8) If ‘Yes’ to (7) above, estimated total export sales this loan will support: $________________________

(9) Is your business a franchise? Yes □ No □

(10) Have you, the business, or its affiliates ever requested government financing? Yes □ No □

If Yes, is any of the financing currently delinquent? Not Applicable □ Yes □ No □

Did any of this financing ever default and cause a loss to the government? Not Applicable □ Yes □ No □

(11) Have you, the business, or its affiliates had a previous SBA loan? Yes □ No □

If yes, is the loan either current or paid in full? Not Applicable □ Yes □ No □

(12) How many employees does your business have? _____________

(13) How many jobs will be created by the new loan? _____________ How many retained? _____________

(14) Did you or the business pay anyone to assist in preparation of this loan (packager, accountant,

lawyer, etc.)? Yes □ No □

(15) Will more than $10,000 of the loan proceeds be used for construction? Yes □ No □

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The Small Business Administration is committed to insuring that all SBA programs are made available to business owners of all races. Furthermore, SBA has specified certain groups to target assistance (such as exporters or veterans). Please provide the information requested below. Your compliance is voluntary and will not affect the credit decision. It does help SBA determine how well certain groups are being served. Thank you for your cooperation.

(16) Are you:

Race: Amer. Ind. or Alaska Native  Black or Afr-Amer.Asian  Native Haw.or Pacific Islander White. 

One or more boxes for race may be selected.

Ethnicity: Hispanic or Latino  Not Hispanic or Latino 

(17) Are you a veteran of the United States Armed Forces? Yes □ No □

If yes, are you a service-disabled veteran? Yes □ No □

_________________________________________________________________________________________________________

Please read the following statements regarding use of federal financial assistance programs. If you understand them fully and agree to them, sign the end of this document.

SBA is required to withhold or limit financial assistance, to impose special conditions on approved loans, to provide special notices to applicants or borrowers and to require special reports and data from borrowers in order to comply with legislation passed by the Congress and Executive Orders issued by the President and by the provisions of various inter-agency agreements. SBA has issued regulations and procedures that implement these laws and executive orders. These are contained in Parts 112, 113, and 117 of Title 13 of the Code of Federal Regulations and in Standard Operating Procedures.

Freedom of Information Act (5 U.S.C. 552) -- This law provides, with some exceptions, that SBA must supply information reflected in agency files and records to a person requesting it. Information about approved loans that will automatically be released includes, among other things, statistics on our loan programs (individual borrowers are not identified in the statistics) and other information such as the name of borrowers (and their officers, directors, stockholder or partners), the collateral pledged to secure the loan, the amount of the loan, its purpose in general terms and the maturity. Proprietary data on a borrower would not be routinely made available to third parties.

Privacy Act (5 U.S.C. 552a)

A person can request to see or get copies of any personal information that SBA has in his or her file when that file is retrievable by individual identifiers such as name or social security numbers. Requests for information about another party may be denied unless SBA has the written permission of the individual to release the information to the requestor or unless the information is subject to disclosure under the Freedom of Information Act.

Under the provisions of the Privacy Act, you are not required to provide your social security number. Failure to provide your social security number may not affect any right, benefit or privilege to which you are entitled. Disclosures of name and other personal identifiers are, however, required for a benefit, as SBA requires an individual seeking assistance from SBA to provide it with sufficient information for it to make a character determination. In determining whether an individual is of good character, SBA considers the person’s integrity, candor, and disposition toward criminal actions. In making loans pursuant to section 7(a)(6) of the Small Business Act (the Act), 15 USC Section 636(a)(6), SBA is required to have reasonable assurance that the loan is of sound value and will be repaid or that it is in the best interest of the Government to grant the assistance requested. Additionally, SBA is specifically authorized to verify your criminal history, or lack thereof, pursuant to section 7(a)(1)(B), 15 USC Section 636(a)(1)(B). Further, for all forms of assistance, SBA is authorized to make all investigations necessary to ensure that a person has not engaged in acts that violate or will violate the Act or the Small Business Investment Act, 15 USC Sections 634(b)(11) and 687(b)(a). For these purposes, you are asked to voluntarily provide your social security number to assist SBA in making a character determination and to distinguish you from other individuals with the same or similar name or other personal identifier.

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The Privacy Act authorizes SBA to make certain “routine uses” of information protected by that Act. One such routine use for SBA’s loan system of records is that when this information indicates a violation or potential violation of law, whether civil, criminal, or administrative in nature, SBA may refer it to the appropriate agency, whether Federal, State, local or foreign, charged with responsibility for or otherwise involved in investigation, prosecution, enforcement or prevention of such violations. Another routine use of personal information is to assist in obtaining credit bureau reports, including business credit reports on the small business

borrower and consumer credit reports and scores on the principals of the small business and guarantors on the loan for purposes of originating, servicing, and liquidating small business loans and for purposes of routine periodic loan portfolio management and lender

monitoring. See, 69 F.R. 58598, 58617 (September 30, 2004), and as amended from time to time, for additional background and other routine uses.

Flood Disaster Protection Act (42 U.S.C. 4011) -- Regulations have been issued by the Federal Insurance Administration (FIA) and by SBA implementing this Act and its amendments. These regulations prohibit SBA from making certain loans in an FIA designated floodplain unless Federal Flood insurance is purchased as a condition of the loan. Failure to maintain the required level of flood insurance makes the applicant ineligible for any financial assistance from SBA, including disaster assistance.

Executive Orders -- Floodplain Management and Wetland Protection (42 F.R. 26951 and 42 F.R. 26961) -- SBA discourages settlement in or development of a floodplain or a wetland. This statement is to notify all SBA loan applicants that such actions are hazardous to both life and property and should be avoided. The additional cost of flood preventive construction must be considered in addition to the possible loss of all assets and investments due to a future flood.

Occupational Safety and Health Act (15 U.S.C. 651 et seq.) -- This legislation authorizes the Occupational Safety and Health Administration in the Department of Labor to require businesses to modify facilities and procedures to protect employees or pay penalty fees. Businesses can be forced to cease operations or be prevented from starting operations in a new facility. Therefore, SBA may require additional information from an applicant to determine whether the business will be in compliance with OSHA regulations and allowed to operate its facility after the loan is approved and disbursed. Signing this form as an applicant is certification that the OSHA requirements that apply to the applicant business have been determined and that the applicant, to the best of its knowledge, is in compliance. Furthermore, applicant certifies that it will remain in compliance during the life of the loan.

Civil Rights Legislation -- All businesses receiving SBA financial assistance must agree not to discriminate in any business practice, including employment practices and services to the public on the basis of categories cited in 13 C.F.R., Parts 112, 113, and 117 of SBA Regulations. This includes making their goods and services available to handicapped clients or customers. All business borrowers will be required to display the "Equal Employment Opportunity Poster" prescribed by SBA.

Equal Credit Opportunity Act (15 U.S.C. 1691) -- The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status or age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

Executive Order 11738 -- Environmental Protection (38 F.R. 251621) -- The Executive Order charges SBA with administering its loan programs in a manner that will result in effective enforcement of the Clean Air Act, the Federal Water Pollution Act and other environment protection legislation.

Debt Collection Act of 1982, Deficit Reduction Act of 1984 (31 U.S.C. 3701 et seq. and other titles) -- These laws require SBA to collect aggressively any loan payments which become delinquent. SBA must obtain your taxpayer identification number when you apply for a loan. If you receive a loan, and do not make payments as they come due, SBA may take one or more of the following actions: (1) report the status of your loan(s) to credit bureaus, (2) hire a collection agency to collect your loan, (3) offset your income tax refund or other amounts due to you from the Federal Government, (4) suspend or debar you or your company from doing business with the Federal Government, (5) refer your loan to the Department of Justice or other attorneys for litigation, or (6) foreclose on collateral or take other action permitted in the loan instruments.

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Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821 et seq.) -- Borrowers using SBA funds for the construction or rehabilitation of a residential structure are prohibited from using lead-based paint (as defined in SBA regulations on all interior surfaces, whether accessible or not, and exterior surfaces, such as stairs, decks, porches, railing, window and doors, which are readily accessible to children under 7 years of age. A "residential structure" is any home, apartment, hotel, motel, orphanage, boarding school, dormitory, day care center, extended care facility, college or other school housing, hospital, group practice or community facility and all other residential or institutions structure where persons reside.

Immigration Reform and Control Act of 1986 (Pub. L. 99-603) -- If you are an alien who was in this country illegally since before January 1, 1982, you may have been granted lawful temporary resident status by the United States Immigration and Naturalization Service pursuant to the Immigration Reform and Control Act of 1986. For five years from the date you are granted such status, you are not eligible for financial assistance from the SBA in the form of a loan guaranty under Section 7(a) of the Small Business Act unless you are disabled or a Cuban or Haitian entrant. When you sign this document, you are making the certification that the Immigration Reform and Control Act of 1986 does not apply to you, or if it does apply, more than five years have elapsed since you have been granted lawful temporary resident status pursuant to such 1986 legislation.

I certify that all information given in connection with this application is true and correct to the best of my knowledge. I acknowledge that the Lender and SBA are relying on this information and that knowingly making a false statement to obtain a loan guaranteed by SBA can result in fines of up to $ 250,000 and/or imprisonment for not more than five years under 18 U.S.C.1001, and that knowingly making a false statement to a financial institution or Federal banking agency, under 18 USC 1014, can result in a fine of not more than $1,000,000 and/or imprisonment of not more than twenty years. I authorize the SBA’s Office of Inspector General to request criminal record information about me from criminal justice agencies for the purpose of determining my eligibility for this loan.

_____________________________________ ______________________________________________

SIGNATURE DATE

The estimated burden for completing this form is 10 minutes. You will not be required to respond to any collection of information unless it displays a currently valid OMB Control Number. Comments on the burden should be sent to U. S. Small Business Administration (SBA), Chief, AIB, 409 3rd Street, SW, Washington, DC 20416 and Desk Officer for SBA, Office of Management and Budget, New Executive Office Building, Rom 10202, Washington, DC 20503. OMB Control Number 3245-0355. PLEASE DO NOT SEND FORMS TO OMB.

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