Compensation Agreement;

Forms and Documents

Document Name	Status
Form SBA Form 159 Compensation Agreement; Form and Instruction	Modified
3245-0201 13 CFR 120 972 4-25-18.pdf Supplementary Document	2018-04-25
3245-0201 13 CFR 926 4-28-18.pdf Supplementary Document	2018-04-25
3245-0201 15 USC 642 4-25-18.pdf Supplementary Document	2018-04-25
3245-0201 Form 159 and Form 159D - Supporting Statement 4-28-18.docx Supporting Statement A	2018-04-25

IC Document Collections

IC ID	Document Title	Status
35726	Compensation Agreement; Form and Instruction	Modified

ICR Details

OMB Control No: 3245-0201	ICR Reference No: 201804-3245-007
Status: Active	Previous ICR Reference No: 201408-3245-001
Agency/Subagency: SBA	Agency Tracking No:
Title: Compensation Agreement;
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/13/2018
	Date Received in OIRA: 04/25/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2021	36 Months From Approved	08/31/2018
Responses	40,411	0	11,502
Time Burden (Hours)	3,364	0	950
Cost Burden (Dollars)	0	0	0

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Abstract: Section 13 of the Small Business Act, 15 U.S.C. 642 as well as 13 CFR 103 .5, require loan applicants, agents or packagers to execute and provide to SBA's compensation agreement to disclose the name of the agent and the fees paid to such an agent for services rendered or to be rendered to the loan applicant, 7(a) participating Lender or Certified Development Company. SBA uses the information to determine whether there is unlawful or unethical activity by agents and to monitor fees charged.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 18202	04/17/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 5307	04/23/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Compensation Agreement;	SBA Form 159D , SBA Form 159	Fee Disclosure and Compensation Agreement 7(a) 504 ,   Fee Disclosure and Compensation Agreement For SBA Disaster

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	40,411	11,502	0	28,909	0	0
Annual Time Burden (Hours)	3,364	950	0	2,414	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The total number of responses for SBA Form 159(7(a)) and 159(504) has significantly increased from SBA’s last PRA submission due to increased efforts by the Agency to clarify the policy that requires SBA Lenders and Agents to complete and submit the Form 159, as well as enhanced oversight and enforcement efforts to ensure that SBA Lenders and Agents are complying with the policy.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/25/2018

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