
New SBA Form 159 Disclosure Requirements
by Delaney Sexton
The SBA Form 159 is the Fee Disclosure and Compensation Agreement. The document is crucial to protect the borrower from unreasonable fees and to accurately detail the fees charged for services related to the SBA loan. Form 159 is used for the 7(a) and 504 loan programs. It is utilized to identify agents and the fees/compensation paid to the agents on behalf of the small business loan applicant.
When agents that are paid by the applicant or SBA lender are used in connection to an SBA loan application, Form 159 must be completed and signed by the lender, the applicant, and the agent. Each agent that is used will require a separate Form 159.
Compensation must be disclosed for:
- Loan packaging services
- Financial state preparation specifically for the loan application
- Consulting, broker, or referral services paid by the applicant, SBA lender, or third-party lender
SBA is now allowing lenders to charge loan applicants a flat fee of $2,500 per loan. If packaging, service, or application fees in excess of $2,500 are charged, they must be disclosed on the SBA Form 159. Any amounts charged must be disclosed in E-Tran. When a lender charges fees greater than $2,500, the SBA requires the lender to complete Form 159. .
From the Coleman SBA 7(a) Loan Underwriting and Closing Report
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About the U.S. Small Business Administration
The U.S. Small Business Administration makes the American dream of business ownership a reality. As the only go-to resource and voice for small businesses backed by the strength of the Federal Government, the SBA empowers entrepreneurs and small business owners with the resources and support they need to start, grow or expand their businesses, or recover from a declared disaster. It delivers services through an extensive network of SBA field offices and partnerships with public and private organizations. To learn more, visit www.sba.gov.








