3245-0017 5 ELA Addendum FINAL 8-27-2021.rtf

**ADDENDUM TO ELA**

The following information is provided to ELA Applicant prior to submitting online application.

Please note SBA/ODA is in the process of updating the ELA to incorporate the revised pages from the paper form.

U. S. Small Business Administration

DISASTER BUSINESS LOAN APPLICATION

This form is for use by Businesses to apply for an SBA physical or economic injury disaster loan as applicable. The requested information is required to obtain a benefit under our SBA Disaster Loan Program and helps the Agency determine whether the applicant is eligible for a disaster loan and has repayment ability.

If you have questions about this application or problems providing the required information, please contact our Customer Service Center at 1-800-659-2955 or [email protected]. If more space is needed for any section of this application, please attach additional sheets. SBA will contact you by phone or E-mail to discuss your loan request.

You may submit the form:

• Online on SBA's secure website www.sba.gov

• In-person at a disaster center,

• By Mail: U.S. Small Business Administration, Processing and Disbursement 14925 Kingsport Rd. Ft. Worth, TX 76155-2243

SBA will contact you by phone or email to discuss your loan request

Filing Requirements

FOR ALL APPLICATIONS, EXCLUDING NON-PROFIT ORGANIZATIONS, THE FOLLOWING ITEMS MUST BE SUBMITTED.

This application (SBA Form 5), completed and signed

Request for Transcript of Tax Returns (IRS Form 4506C), completed and signed by each applicant, each principal owning 20 percent or more of the applicant business, each general partner or managing member; and, for any owner who has greater than 50 percent ownership in an affiliate business. Affiliates include, but are not limited to, business parents,

subsidiaries, and/or other businesses with common ownership or management

Complete copies, including all schedules, of the most recent Federal income tax returns for the applicant business; an explanation if not available

Personal Financial Statement (SBA Form 413) completed, signed, and dated by the applicant, each principal owning 20 percent or more of the applicant business, and each general partner or managing member

Schedule of Liabilities listing all fixed debts (SBA Form 2202 may be used)

NON-PROFIT ORGANIZATIONS (including Houses of Worship, Associations, etc), THE FOLLOWING ITEMS MUST BE

SUBMITTED:

This application (SBA Form 5), completed and signed

A complete copy of the organization's most recent tax return OR a copy of the organization’s IRS tax-exempt certification and complete copies of the organization's three most recent years' "Statement of Activities"

Schedule of Liabilities.

Request for Transcript of Tax Returns (IRS Form 4506C), completed and signed by each applicant and for any affiliated entity. Affiliates include, but are not limited to, business parents, subsidiaries, and/or other businesses with common ownership or management.

ADDITIONAL REQUIREMENTS FOR MILITARY RESERVIST ECONOMIC INJURY (MREIDL);

A copy of the essential employee’s notice of expected call-up to active service (as defined in 10 U.S.C. 101(d)(3)) for a period of more than 30 consecutive days or official call-up orders, or release/discharge from active service

A written explanation and financial estimate of how the call-up of the essential employee has or will result in economic injury to your business, and the steps your business is taking to alleviate the economic injury

MREIDL Certification Form P-0002, which includes:

-Your statement that the reservist is essential to the successful day-to-day operations of the business

-Your certification that the essential employee will be offered the same or a similar job upon the employee's return from active service

-The essential employee's concurrence with your statements

ADDITIONAL INFORMATION MAY BE NECESSARY TO PROCESS YOUR APPLICATION. IF REQUESTED,

PLEASE PROVIDE WITHIN 7 DAYS OF THE INFORMATION REQUEST;

Complete copy, including all schedules, of the most recent Federal income tax return for each principal owning

20 percent or more, each general partner or managing member, and each affiliate when any owner has more than 50 percent ownership in the affiliate business. Affiliates include, but are not limited to, business parents, subsidiaries, and/or other businesses with common ownership or management

If the most recent Federal income tax return has not been filed, a year-end profit-and-loss statement and balance sheet for that tax year

A current year-to-date profit-and-loss statement

Additional Filing Requirements (SBA Form 1368) providing monthly sales figures for will generally be required when requesting an increase in the amount of economic injury.

SBA Form 5 (XX-XX) Ref SOP 50 30

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NOTE: PLEASE READ, DETACH AND KEEP FOR YOUR RECORDS

STATEMENTS REQUIRED BY LAWS AND EXECUTIVE ORDERS

To comply with legislation passed by the Congress and Executive Orders issued by the President, Federal executive agencies,

including the Small Business Administration (SBA), must notify you of certain information. You can find the regulations and policies implementing these laws and Executive Orders in Title 13, Code of Federal Regulations (CFR), Chapter 1, or our Standard Operating Procedures (SOPs). In order to provide the required notices, the following is a brief summary of the various

laws and Executive Orders that affect SBA's Disaster Loan Programs. A glossary of terms can be found at Disasterloanassistance.sba.gov.

FREEDOM OF INFORMATION ACT (5 U.S.C. 552)

This law provides, with some exceptions, that we must make records or portions of records contained in our files available to

persons requesting them. This generally includes aggregate statistical information on our disaster loan programs and other

information such as names of borrowers (and their officers, directors, stockholders or partners), loan amounts at maturity, the collateral pledged, and the general purpose of loans. We do not routinely make available to third parties your proprietary data without first notifying you, required by Executive Order 12600, or confidential business information, information that would cause competitive harm, or information that would constitute a clearly unwarranted invasion of personal privacy.

For information about the FOIA, contact the Chief, FOI/PA Office, 409 3rd Street, SW, Suite 5900, Washington, DC 20416, or by e-mail at

[email protected].

PRIVACY ACT (5 U.S.C. 552a)

Anyone can request to see or get copies of any personal information that we have in your file. Any personal information in your

file that is retrieved by individual identifiers, such as name or social security number, is protected by the Privacy Act, which means requests for information about you may be denied unless we have your written permission to release the information to the requester or unless the information is subject to disclosure under the Freedom of Information Act. The Agreements and Certifications section of this form contains written permission for us to disclose the information resulting from this collection to state, local or private disaster relief services.

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, on the Disaster Loan Applicants and guarantors for purposes of originating, servicing, and liquidating Disaster loans. See, 69 F.R. 58598, 58616 (and as amended from time to time) for additional background and other routine uses.

Under the provisions of the Privacy Act, you are not required to provide social security numbers. (But see the information under

Debt Collection Act below). In addition to the reasons described below, we use social security numbers to distinguish between people with a similar or the same name for credit decisions and for debt collection purposes. Failure to provide this number may not affect any right, benefit or privilege to which you are entitled by law, but having the number makes it easier for us to more accurately identify to whom adverse credit information applies and to keep accurate loan records.

Note: Any person concerned with the collection, use and disclosure of information, under the Privacy Act may contact the Chief, FOI/ PA Office, 409 3rd Street, SW, Suite 5900, Washington, DC 20416 or by e-mail at [email protected] for information about the Agency's procedures relating to the Privacy Act and the Freedom of Information Act.

DEBT COLLECTION ACT OF 1982 (5 U.S.C. 5514 note); DEBT COLLECTION IMPROVEMENT ACT OF 1996, as

amended (31 U.S.C. 3701 et seq.)

These laws require us to aggressively collect any delinquent loan payments and/or to require you to give your taxpayer identification number to us when you apply for a loan (31 U.S.C. 7701). If you receive a loan and do not make payments when they become due, we may take one or more of the following actions (this list may not be exhaustive):

*Report the delinquency to credit reporting bureaus.

*Offset your income tax refunds or other amounts due to you from the Federal Government.

*Refer the account to a private collection agency or other agency operating a debt collection center.

*Suspend or debar you from doing business with the Federal Government.

*Refer your loan to the Department of Justice.

*Foreclose on collateral or take other actions permitted in the loan instruments.

*Garnish wages.

*Sell the debt.

*Litigate or foreclose.

SBA Form 5 (XX-XX) Ref SOP 50 30

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RIGHT TO FINANCIAL PRIVACY ACT OF 1978 (12 U.S.C. 3401 et seq.)

This notifies you, as required by the Right to Financial Privacy Act of 1978 (Act), of our right to access financial records held by financial

institutions that were or are doing business with you or your business. This includes financial institutions participating in loans or loan guarantees.

The law provides that we may access your financial records when considering or administering Government loan or loan guaranty assistance

to you. We must give a financial institution a certificate of our compliance with the Act when we first request access to your financial records. No other certification is required for later access. Our access rights continue for the term of any approved loan or loan guaranty. We do not have to give you any additional notice of our access rights during the term of the loan or loan guaranty.

We may transfer to another Government authority any financial records included in a loan application or about an approved loan or loan

guaranty as necessary to process, service, liquidate, or foreclose a loan or loan guaranty. We will not permit any transfer of your financial records to another Government authority except as required or permitted by law.

Paperwork Reduction Act (44 U.S.C. Chapter 35)

We are collecting the information on this form in order to make disaster loans available to qualified small businesses. The form is

designed to collect the information necessary for us to make eligibility and credit decisions in order to fund or deny loan requests. We will also use the information collected on this form to produce summary reports for program and management analysis, as required by law.

PLEASE NOTE: The estimated burden for completing this form is 1.25 hours. Your responses to the requested information are required

in order to obtain a benefit under SBA's Disaster Business Loan Programs. However, you are not required to respond to any

collection of information unless it displays a currently valid OMB approval number. If you have any questions or comments concerning ^{any aspects of this information collection, please contact the U.S. Small Business Administration Information Branch, 409 3}rd ^{St., SW,} Washington, DC 20416 and Desk Officer for SBA, Office of Management and Budget, Office of Information and Regulatory Affairs,

^{725 17}th ^{St., NW, Washington, DC 20503. (3245-0017) PLEASE DO NOT SEND FORMS TO OMB.}

Policy Concerning Representatives and Their Fees

When you apply for an SBA loan, you may use an attorney, accountant, engineer, appraiser or other representative to help

prepare and present the application to us. You are not required to have representation. If an application is approved, you may need an attorney to help prepare closing documents.

There are no "authorized representatives" of SBA, other than our regular salaried employees. Payment of a fee or gratuity to our

employees is illegal and will subject those involved to prosecution.

SBA regulations prohibit representatives from proposing or charging any fee for services performed in connection with your

loan unless we consider the services necessary and the amount reasonable. The regulations also prohibit charging you any commitment, bonus, broker, commission, referral or similar fee. We will not approve the payment of any bonus, brokerage fee or commission. Also, we will not approve placement or finder's fees for using or trying to use influence in the SBA loan

application process.

Fees to representatives must be reasonable for services provided in connection with the application or the closing and based upon

the time and effort required, the qualifications of the representative, and the nature and extent of work performed. Representatives must execute a compensation agreement.

In the appropriate section of the application, you must state the names of everyone employed by you or on your behalf. You

must also notify the SBA disaster office in writing of the names and fees of any representative you employ after you file your application.

If you have any questions concerning payment of fees or reasonableness of fees, contact the Disaster Field Office where you filed or will file your application or call the SBA Customer Service Center at 1-800-659-2955.

Occupational Safety and Health Act (29 U.S.C. 3651 et seq.)

This legislation authorizes the Occupational Safety and Health Administration (OSHA) in the Department of Labor to require

businesses to modify facilities and procedures to protect employees when appropriate. If your business does not do so, you may be penalized, forced to close or prevented from starting operations in a new facility. Because of this, we may require information from you to determine whether your business complies with OSHA regulations and may continue operating after the loan is approved or disbursed. You must certify to us that OSHA requirements applying to your business have been determined and that you are, to the best of your knowledge, in compliance.

SBA Form 5 (XX-XX) Ref SOP 50 30

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