Standard Operating Procedure (SOP) SOP 50 53 (A) Office Of Credit Risk .

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Standard Operating Procedure (SOP)SOP 50 53 (A)Office ofCredit Risk ManagementLender Supervision and EnforcementJune 1,2012

SMALL BUSINESS ADMINISTRATIONSTANDARD OPERATING PROCEDURESUBJECT:S.O.P.Supervision and EnforcementSECTIONREVNO.SOP 50 53AINTRODUCTIONI. Purpose: Update SBA policy and procedures for suspension and revocation of Loan Agents.2. Personnel Concerned: All SBA Employees3. SOP Cancelled: SOP 50 534. Updated Information: The Office of Capital Access updated the previous version of the SOP to formalize SBA policy andprocedures regarding the suspension and revocation of Loan Agents.5. Originator: Office of Capital Access'-iYHUH\ rtV'AUTHORIZED BY:Joonne .Oflke of CapSBA Form 989'(5-90) Ref: SOP 00 23This loon was electronically produced by Elite Federal Forms, Inc.--- - EFFECTIVE DATE3 u.ne IJa.D\ :l.PAGE

Table of ContentsTABLE OF CONTENTS . ICHAPTER 1. INTRODUCTION .1I.2.3.INTRODUCTION . 1NOTICE OF IMPLEMENTATION . .3AUrnORITY . 3CHAPTER 2. OCRM MONITORING.4I.2.3.OVERVIEW AND GENERAL POLICY . .4DETERMINING THE LEVEL OF MONITORING . .4TYPES OF LENDER MONITORING AND REVIEWS . 6CHAPTER3. OCRM INCREASED SUPERVISION OF LENDING PARTNER'S SBA OPERATIONS .13I.2.3.4.OVERVIEW AND GENERAL POLICY . 13DETERMINING LEVEL OF INCREASED SUPERVISION . 13TYPES OF INCREASED SUPERVISION . 14PROCEEDINGS RESULTANT FROM INCREASED SUPERVISION . 16CHAPTER 4. OCRM ENFORCEMENT.181.2.3.4.5.6.OVERVIEW AND GENERAL POLICY . 18DETERMINING SEVERITY OF ENFORCEMENT ACTION . I8GROUNDS FOR ENFORCEMENT ACTIONS . 20ENFORCEMENT ACTIONS .22ENFORCEMENT PROCEDURES . 24PART 103 ENFORCEMENT PROCEDURES . 28Effective: June I, 2012

SOP 50 53 (A)Chapter 1. Introduction1.Introductiona. This SOP establishes SBA's procedures for supervision of and enforcement actionsfor SBA's 7(a) lenders, Certified Development Companies (CDCs), and MicroloanIntermediaries, (collectively referred to as Lending Partners) as it relates to theirSBA lending operations. The SOP describes appropriate actions in response toviolations of law, rules, regulations, final agency notices and/or unsafe and unsoundpractices or conditions for these entities. This SOP also addresses monitoring ofNon-Lending Technical Assistance Providers (NTAPs) along with enforcementprocedures for NT APs and Loan Agents that participate in SBA financial assistanceprograms. For purposes of this SOP, Loan Agents refer to an Agent under J 3 CFRI03.l(a) of an applicant or participant in SBA's business loan programs.b. The SBA has an active program of monitoring and oversight of Lending Partners.The purpose of the monitoring and oversight activity is to:I.Maximize the efficiency ofSBA's lending programs by effectivelymanaging program credit risk, monitoring lender performance, andenforcing loan program requirements to ensure the long-term viability ofSBA lending;ii. Identify unacceptable risk profiles and encourage and, as appropriate,enforce program lending requirements so as to improve and manage therisk of individual Lending Partners as well as the aggregate risk ofSBA'sloan portfolios; andiii. Promote responsible credit gap lending that supports SBA's mission toincrease access to capital to small businesses.c. General Principals for Application of Monitoring, Increased Supervision andEnforcement with respect to Lending Partners.i. Risk-based to best utilize limited resources.ii. Graduated processes with flexibility to administer appropriate supervisoryactions earlier to address progressively serious risk concerns.1. Routine monitoring. Most problems and weaknesses should beidentified and addressed through routine monitoring.2. Intensive monitoring. Many other issues should be addressedthrough increased supervision, e.g., corrective action process.Effective: June 1,2012

SOP 50 53 (A)3. Enforcement actions. Anticipate that following routine andintensive monitoring only a smaller number of problemslis sueswill remain and need to be addressed through enforcement actions.iii. Identify and address risk based concerns, and, ultimately, if necessary,make determinations about a Lending Partner's continuing participation inSBA's lending programs.iv. SBA has a responsibility to appropriately manage and oversee its 10llnprograms and the requirements it places on Lending Partners.v. Processes and procedures are evolutionary. Because programs develop,markets are fluid, and technologies are evolving, SBA's approaches willadapt with them.d. Oversight and Type of Lender: The extent of monitoring, increased supervision andenforcement will depend upon the type of SBA Lending Partner overseen, e.g., SBASupervised Lenders versus 7(a) lenders regulated by Federal Financial Institutions,and the extent to which SBA may rely on or coordinate oversight with another bankregulator. For lenders regulated by the Federal Financial Institution Regulators, asdefined in l3 CFR 120.1 0, references in this document to SBA supervision and SBAsupervisory activities or actions refer to the Lending Partners' SBA operations.e. Documentation: Supervisory and enforcement actions are supported throughdocumentation provided by the Financial Analyst (FA).f.This SOP provides guidance on how the Office of Credit Risk Management(OCRM):1.Groups and prioritizes actions into "large" and "small" dollar magnituderisk categories;ii. Conducts supervisory activities both on-site andon the dollar-magnitude risk categories;off site,generally basediii. Selects the action or combination of actions best suited to effectivelysupervise Lending Partners in a consistent manner while preservingflexibility for specific circumstances; andiv. Selects enforcement actions.g. This SOP provides general internal guidance on how SBA conducts supervision andenforcement responsibilities. It is intended to be flexible to take into accountindividual facts and circumstances. It does not intend that every consideration factoror step must always be applied. SBA will use this guidance along with judgmentEffective: June 1, 20122

SOP 50 53 (A)and Agency discretion in making supervisory and enforcement determinations.Therefore, this SOP is not intended to, does not, and may not be relied upon to,create rights, substantive or procedural for Lending Partners or any other partyenforceable at law or in any administrative proceeding against SBA.2.3.Notice of Implementationa.This SOP is effective beginning October 1, 2010.b.This SOP is supplemented by SOP 51 00 "On-Site Lender Reviews andExaminations" which details SBA standard operating procedures for on-sitereviews and examinations for 7(a) lenders and CDCs.AuthorityThe following statutory and regulatory citations provide authority for this SOP:15 USC § 650; 15 USC § 634 note, citing, Public Law 104-208, Division D, TitleI, § 103(h); 15 USC § 634(b)(14); 15 USC § 634(b)(7); 15 USC § 636(a)(31) and(m); 15 USC 633(b)(3); 15 USC 634(t); 15 USC § 687(t); 15 USC § 696(3)(A);15 USC § 697(a)(2); 15 USC § 697e(c)(8); 15 USC § 634(b)(6); 13 CFR Parts103 and 120; 70 FR 21262, April 25, 2005 (Delegations of Authority); and 72 FR27611, May 16,2007 (Final Notice on Risk Rating System) as amended by 75 FR9257 (March 1, 2010). See also 120.10 for key lender oversight definitions.Effective: June 1,20123

SOP 5053 (A)Chapter 2. OCRM Monitoring1.Overview and General Policya.2.Generally, OCRM oversees SBA's Lending Partners to identify unacceptable riskprofiles and, if appropriate, enforce loan program requirements so as to improveand manage the risk of individual Lending Partners as well as the aggregate riskofSBA's loan portfolio. This is accomplished in monitoring through:i.Identifying those Lending Partners whose SBA program risk exceedsSBA's risk tolerance levels.ii.Identifying problems and weaknesses in Lending Partners' SBAprogram performance, e.g., identify negative trends in lenderperformance or lending concentrations.iii.Enabling Lending Partners to proactively manage their SBA programsthrough the lender portal.iv.Assisting Lending Partners in correcting problems and weaknessesbefore they become serious problems, e.g., through on-site reviews, sitevisits, and off-site monitoring actions.b.For Lending Partners, OCRM generally conducts monitoring commensurate withthe dollar level oflending and the relative risk to the Agency's portfolio, asdetermined by SBA, in its discretion. While SBA will generally foHow theguidance set forth below on level and type of lender monitoring, SBA reserves theright to use judgment and discretion in making individual determinations, asappropriate.c.For Microloan Intermediaries, given the unique contribution of this program toSBA's mission, the potential program integrity and program reputational risk, andthe relatively small dollar level of risk, OCRM will conduct its monitoringpractices to reflect these aspects ofthe micro loan portfolio.Determining the Level of Monitoringa.Level of monitoring is determined by relative magnitude of risk among individualLending Partners within their respective loan programs. Larger dollar-volumeLending Partners are generally subject to greater monitoring, as they expose SBAto a greater level of potential risk than smaller dollar-volume Lending Partners.b.Level of monitoring is also tailored to the Lending Partner and designed toidentify weaknesses in the Lending Partner's conformance with SBA LoanProgram Requirements as defined in 13 CFR 120.10. For MicroloanEffective: June I, 20124

SOP 50 53 (A)Intermediaries, "Loan Program Requirements" refer to requirements imposed onthe intermediary by statute, SBA regulations, any agreement the intermediary hasentered into with SBA, SBA SOPs, official SBA notices and forms applicable tothe Microloan program, as such requirements are issued and revised by SBA fromtime to time. Monitoring includes:1.SBA portfolio performance;ii. Credit quality;iii. Compliance with Loan Program Requirements and non-lendingrequirements, e.g., 1502 reporting and other monetary remittance andreporting requirements such as guarantee fees, receivables and 172payments;iv. Financial condition; andv. Considers the relative extent of risk to SBA, e.g., dollar risk.c.To define groups of Lending Partners by dollar risk to SBA, the following peergroups have been established:i. For the 7(a) loan program lenders, peer groups are defined by outstandingdollars of SBA share, as follows: Lenders with 100 million or more; Lenders with 10 million to 99,999,999; Lenders with 4 million to 9,999,999; Lenders with 1 million to 3,999,999; Lenders with 0 to 999,999 with at least one SBA loan disbursedin the past 12 months, which is considered "Active"; and Lenders with 0 to 999,999 and no SBA loans disbursed within thelast 12 months, which is considered "Inactive",ii. For the 504 program CDCs, peer groups are defined by outstanding dollarsof SBA debentures, as follows: CDCs with 100 million or more; CDCs with 30 million to 99,999,999; CDCs with 10 million to 29,999,999; CDCs with 5 million to 9,999,999; and CDCs with 0 to 4,999,999.iii. For Microloan Intermediaries, no peer groups have been established at thistime.Effective: June 1,2012,5

SOP 50 53 (A)3.d.Generally, the two largest 7(a) and CDC peer groups receive monitoringconducted through both on-site reviews and off-site reviews/monitoring, while thesmaller peer groups typically receive monitoring conducted primarily through off site reviews/assessments. When a smaller Lending Partner has higher riskcharacteristics, SBA may in its discretion increase the level of monitoring orsupervision, including conducting on-site reviews.e.For Microloan Intermediaries, SBA's oversight will be structured to reflect therisks of this portfolio including those associated with program integrity andprogram reputation risks as well as the dollar level of risk.Types of Lender Monitoring and Reviewsa. Reporting: Required regular reporting for all Lending Partners provides partial basisof monitoring. Required reporting includes the following, by type of LendingPartner.1.All 7(a) lenders' and CDCs' monthly loan payment reporting, e.g. 1502for 7(a) lenders, automatic ACH payments by Colson for 504 loans atCDCs.ii.CDCs' required annual financial statements, including audited financialstatements, depending on the size of the CDC's 504 loan portfolio.1lI.SBA Supervised Lenders required annual reports and quarterly reports onfinancial condition and quarterly capital certification.iv.Microloan Intermediaries required monthly MPERS reporting, quarterlyMRF and LLRF reporting and accompanying bank statements, quarterlytechnical assistance narrative reports, any special reports (e.g., RecoveryAct Reporting) and annual financial audits.v.NTAPs required quarterly technical assistance reports and annual financialaudits.b. SBA Loan and Lender Monitoring System review (LlLMS). LLMS provides thefollowing information, for example;i. Quarterly risk ratings - "I" through "5" with a risk rating of "1 " generallyreflective of lower risk to SBA, and "5" generally reflective of greater riskto SBA, based upon the SBA Joan portfolio credit quality.ii. Historical performance measures, e.g., delinquencies, purchases.Effective: June 1,20126

SOP 50 53 (A)iii. Forecasted and anticipated portfolio performance.iv. Other patterns of performance that indicate increased risk, e.g., earlydefault, high delinquencies, high purchase rates, high net losses, etc.v. Other relevant information on Lending Partner's lending practices andperformance including non-lending requirements such as 1502 reportingand other monetary remittance and reporting requirements, e.g., guaranteefees, receivables and 172 payments.c. External information sources available for monitoring.i. Call Reports of federally-regulated Lending Partners reviewed for lendercapital sufficiency and other measures.11.Other publicly available financial information compiled on federal\y regulated Lending Partners; e.g., SNL Financial information services data.iii. SEC reports for publicly-traded Lending Partners.IV.Audited financial statements, where available.v. Federal and state regulatory issuances (Orders, MOUs, etc.) forinformation regarding solvency as well as management and internalcontrols.vi. Federal/State regulatory examinations, if available.VII.Any other relevant external information that may affect the risk positionof SBA will be considered.Lending Partners that demonstrate weaknesses as identified i) usually in apublic document by a federal/state regulator (e.g., Cease and Desist Order)or ii) by its primary auditor (e.g., in a Going Concern Opinion) receiveadditional monitoring and review including monitoring of secondarymarket activities.d. Other off-site lender reviews available for monitoring:i. Monitoring of specific performance measures (performance measuresreview) for all size Lending Partners, e.g., loss rates, growth, trendanalysis, or for certain types of Lending Partners, e.g., SBA SupervisedLender capital levels.Effective: June 1,20121

SOP 50 53 (A)ii. Systematic off-site monitoring assessment that identifies and evaluates therisk characteristics of certain types of SBA Lending Partners.iii. Delegated lender authority review conducted periodically to coincide withrenewal dates.iv. Preferred Lender Program (PLP) annual assessments (statutorily-mandatedfor all PLP lenders) which may take the form of on-site reviews, delegatedlender authority reviews and/or systematic off-site monitoring assessment,as applicable per fiscal year.v. Targeted off-site reviews which are discretionary, e.g., follow-up to ensurecorrective action on large portfolios, to assess high risk concernexpeditiously, or where medium risk warrants narrowing the scope of aparticular review.vi. Agreed upon procedures reviews (AUP) performed by third-partypractitioners upon which SBA and the Lending Partners agree, who followreview protocol as prescribed by SBA. For example, to ascertain SBALoan Program Requirements compliance for smaller Lending Partners thatis not subject to routine on-site reviews.vii. Bureau of Premier Certified Lender Program (PCLP) Oversight loan lossreserve monitoring.viii. Microloan Intermediary loan repayment monitoring (monthly).ix. Any other relevant information on a Lending Partner's lending practicesand performance.e. Types of on-site reviews available for monitoring:l.On-site risk-based reviews (RBR). Generally the routine assessmentperformed for the two largest peer group sizes of 7(a) Lenders and CDCs.See SOP 51 00, "On-site Lender ReviewslExaminations", as amended.ll.SBA Supervised Lender safety and soundness examinations (except OtherRegulated SBLCs J). Generally, 12 to 24 month cycle. See SOP 51 00,"On-site Lender ReviewslExaminations", as amended.1 OtherRegulated SBLC is an SBA licensed SBLC that is directly regulated by a Federal bankregulator (usually a subsidiary of an FDIC insured bank)Effective: June 1,20128

SOP 50 53 (A)iii. Site visits. SBA conducts site visits periodically of SBA 's MicroloanIntennediaries and NTAPs.iv. Targeted on-site reviews or evaluations (limited scope RBRs targeted toproblematic issues). For example:I. Where infonnation suggests a serious deficiency in a narrow areafor a relatively large portfolio (e.g., enforcement order of otherregulators);2. For any size Lending Partner where the circumstances warrant, asdetennined by SBA (generally a risk related or program integritymatter e.g., high purchase rate, early defaults, indications ofdeficiencies in technical assistance); or3. For Lending Partners in a new SBA program to identify bestpractices.4. For Microloan Intennediaries for specifically defined purposesbased on off-site monitoring and/or to ensure program compliance.f.Corrective action follow-up, e.g., letter or targeted on-site review, where there areserious findings and deficiencies, generally with very large size portfolio, perhapswarranting the next level of action if not resolved.g. Watch list that identifies higher-risk SBA Lending Partners that warrant elevatedoversight attention. SBA will detennine the general parameters that demonstrate suchhigher-risk.4. Timing and Frequency of Monitoring - Monitoring is an on-going process. GenerallyLending Partners with higher risk characteristics are monitored more intensively, andwith higher level of direct interaction.The tables below provide a summary guide for SBA risk-based monitoring actions of7(a)lenders, CDCs, Microloan Intennediaries and NTAPs.Effective: June 1, 20129

SOP 50 53 (A)TahI eo fM ont'tonng. ACIOnsf7(a) Lenderlargest 2peer LendersLoan PaymentReporting (e.g.,1502s)Call ReportsOther ExternalInfo as avail. (e.g.,SNL, SEC,C&Ds)XX7(a) Lendernot in largest2 peergroups& 4M7(a) Lenders 4MSBASupervisedLenders)(excludin Annual ReportsX (audited)!I ConditionQuarterlyReports.IDiscretionaryas neededXXXXX!Discretionaryas neededDiscretionary- as needDiscretionary- as neededXXXXXXDiscretionary(e.g., higherrisk)XDiscretionary(e.g., higherrisk)XXDiscretionaryas neededDiscretionaryas needediXX (for smallerNFRLs andOtherRegulatedSBLCs)X (SBLCs)'(DiscretionaryforNFRLs)On-site safety andsoundness exam2IDiscretionary(e.g., higherrisk)XXOn-site ReviewsIX (andaudited if?: 20MportfolioX& Capital CertOther Reports(e.g.,120.464(a)(7) and120.830(g)fLLMS -quarterlyoff-site review/RRPerformancemeasures reviewsSystematic Offsite MonitoringAssessmentsAgreed UponProceduresReviewCDCs not inlargest 2peer groupsCDCs inlargest 2peer groups(excludin lIDiscretionary(e.g., higherrisk)XIilD'IscretlOnary.Ii D'IscretlOnary.as needed I as neededI.I D'IscretlOnaryIas needed13 CFR Sections 120.464 and 120.830 also reference some additional reports triggered by certain circumstances.3 If Other Regulated SBLCEffective: June 1,2012then will have SBA on-site review instead of on-site safety and soundness exam.10I

SOP 5053 (A)SBASupervisedLendersI:i!Del Auth RevX (if Del Auth)PLP Ann Asses'Bureau PCLPLLR monitoringTargeted off-sitereviewTargeted on-sitereviewX (ifPLP)Discretionary as neededDiscretionary as needed7(a) Lenderlargest 2peer groups(excludingSBASupervisedLenders)X (if DelAuth)X(ifPLP)Discretionaryas neededDiscretionary-as needed7(a) Lendernot in largest2 peergroups& 4M(excludingSBASupervisedLenders)X (if DelAuth)X (ifPLP)Discretionary-as neededDiscretionary-as needed7(a) Lenders 4M(excludingSBASupervisedLenders)X (if DelAuth)X (ifPLP)Discretionary-as neededDiscretionary-as neededCDCs inlargest 2peer groupsCDCs not inlargest 2peer groupsXq(ifDelAuth)X4 (if DelAuthlX (ifPCLP)X (ifPCLP)Discretionary-as neededDiscretionary-as neededDiscretionary-as neededDiscretionary-as needed4 CDC delegated authority reviews performed by Office of Financial Assistance.5Statutory requirement that is met through RBR, Off-Site Monitoring, or Delegated Authority Review.Effective: June 1,201211i

SOP 50 53 (A)Microloan IntermediarylNT AP Risk Based Lender Monitoring Chart 6MPERS loanperformancereports(monthly)MRF and LLRF(loan lossreserve) Reports(wi t(Quarterly)Annual AuditReportsRecovery ActQuarterly ReporttoFederalReporting.govOther ReportsTargeted off-sitereviewSite ReviewsAgreed UponProceduresReviewTargeted SitereviewMicroloan IntermediaryXNTAPsXDiscretionary Discretionary performers)Discretionary Discretionary -XXXXXXas developed by SBAas needed (e.g. pooras neededas neededDiscretionary - as neededDiscretionary - as developed by SBADiscretionary - as needed (e.g. poorperformers)Discretionary - as neededDiscretionary - as neededDiscretionary - as neededMonitoring, site reviews and technical assistance oversight to be coordinated by OCRM withOF A and District Offices.6Effective: June 1,201212

SOP 50 53 (A)Chapter 3. OCRM Increased Supervision of Lending Partner's SBA Operations1.Overview and General Policya.Increased Supervision of SBA operations may be applicable when, for example:i. Monitoring identifies weakness or higher lender risk level;ii. Modification of Lending Partner conduct or processes is necessary, asdetermined by SBA (e.g., to avoid unnecessary losses);iii. Solution requires written commitment from the Board of Directors (BOD)or SBA department management regarding its corrective action plan;and/oriv. Management and/or BOD demonstrate unwillingness to implement itscorrective action plan.2.Determining Level of Increased Supervisiona.Supervisory responses are tailored to Lending Partner responses and issuesobserved, and may be conducted by application of multiple types of increasedsupervision concurrently. Supervisory responses are designed to improve ormodify Lending Partner performance (numerical or qualitative improvement) soas to conform to SBA Loan Program Requirements.b.Factors (as considered by SBA based on expertise, judgment, and discretion)i.Nature, extent and severity of problems and weaknesses(may include consideration of dollar magnitude of risk);ii. Condition of the SBA loan portfolio (both current and projected);iii. Ability of the Lending Partner to correct in a timely manner; andiv. Level of BOD and management commitment to correct the identifiedproblems and weaknesses within an appropriate time frame.v. Response of the Lending Partner is also an important factor in determiningwhich type of increased supervision should be undertaken or whether SBAwill take enforcement action and the severity of that action.c.Evidence of increased supervision conducted, any earlier enforcement actions,failure to comply with the increased supervision or earlier enforcement action,Effective: June I, 201213

SOP 5053 (A)and the consequences for the Lending Partner ofthe failure to comply is animportant part of establishing the record for more severe subsequent actions.3.Types ofIncreased SupervisionBelow are examples oftypes of increased supervision SBA may undertake and somecircumstances that may lead to them. If increased supervision is undertaken, LendingPartner will receive written notification ofthe action, including the rationale.a.Risk Rating Override Downgrade.I.ii.b.Issued for federal regulator Order or Consent Agreement affecting capitalor commercial lending issues.Issued for Going Concern opinion issued by independent auditor.Ill.Issued for any identified condition that affects capital, solvency, orprudent commercial lending ability, including rapid growth, early loandefault trends, and continued poor performance.iv.Issued for substantially worse "net flows", as defined by SBA in SBA'slender portal.v.Issued for other documented reasons that SBA may identify as part of itssupervisory responsibilities.Secondary market sales evaluation.i.When an SBA Lender (as defined in 13 CFR 120.10 and includes 7(a)Lenders and CDCs) is subject to a Cease & Desist Order, ConsentAgreement affecting capital or commercial lending issues, Going ConcernOpinion matter, or other supervisory action that cites unsafe and unsoundbanking practices or other items of concern to SBA and its potential risk toSBA through loan sales.ii.Any 7(a) Lender that intends to sell in the secondary market must notifySBA within five business days (or as soon as practicable thereafter) oftheissuance of any such action or opinion, including providing copies of therelevant documents to SBA for review, preferably prior to negotiatingsecondary market sales.iii.SBA will evaluate the additional risk associated with the LendingPartner's secondary market sales in determining whether to provide SBA'sprior written consent to a secondary market sale. SBA may require anescrow agreement or other financial assurances be provided to cover thepotential losses that may occur from repairs and denials of SBA loanEffective: June 1,201214

SOP 50 53 (A)guarantees. Any evaluation perfonned is solely for SBA purposes andshould not be relied upon by others.c.Shortened renewal of delegated lender authority - See 13 CFR 120.451 (e) andSOP 50 10 5 for renewal criteria, e.g., less than acceptable SBA perfonnance orregulatory actions that SBA detennines are not significant enough for a non renewal, etc.d.Non-renewal of delegated lender authority - See 13 CFR 120.451 (e) and SOP 5010 5 for renewal criteria. Upon renewal date, issued for any Lending Partner (Forexample;e.1.That lacks good standing status with its primary regulator as detenninedby SBA, or has a Going Concern Opinion issued by an independent publicaccountant.ii.For unsatisfactory SBA perfonnance as determined by SBA.iii.For any identified condition that materially affects capital, solvency orprudent commercial lending ability, as detennined by SBA.iv.For other risk-related infonnation (e.g., considers rapid growth, inadequatecapital, Cease and Desist Order) as detennined by SBA.v.For other basis under law for non-renewal.Required Corrective Action(s) process.1. Issued for weaknesses or findings identified by anyon-site or off-sitereview process.ii. Written response to the findings and corrective actions required fromLending Partner's SBA department management or senior management(whomever parties have responsibility and authority for SBA lendingwithin the institution) to include goals and milestones.iii. Commitment by Board of Directors (BOD) may be required, as applicableto corrective action.iv. Assessment of response is conducted by OCRM and response provided toLending Partner. The three possible results are:1. Satisfactory;2. Satisfactory but additional reporting or monitoring will berequired; orEffective: June 1,201215

SOP 50 53 (A)3. Not satisfactory.v. This assessment is made, taking into consideration, the level and frequency ofpast concerns and the Lending Partner's ability and willingness to correct them,e.g., repeat findings with no resol

a. This SOP is effective beginning October 1, 2010. b. This SOP is supplemented by SOP 51 00 "On-Site Lender Reviews and Examinations" which details SBA standard operating procedures for on-site reviews and examinations for 7(a) lenders and CDCs. 3. Authority The following statutory and regulatory citations provide authority for this SOP:

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