(a) The size of an applicant for SBA financial assistance is determined as of the date the application for such financial assistance is accepted for processing by SBA, except for the Disaster Loan and Preferred Lenders programs.
(b) For the Preferred Lenders program, size is determined as of the date of approval of the loan by the Preferred Lender.
(c) For disaster loan assistance (other than physical disaster loans), size status is determined as of the date the disaster commenced, as set forth in the Disaster Declaration. For pre-disaster mitigation loans, size status is determined as of the date SBA accepts the application for processing. For economic injury disaster loan assistance under disaster declarations for the September 11, 2001 terrorist attacks or under subpart G of Part 123 of this chapter, size status is determined as of the date SBA accepts the application for processing, and for applications submitted before March 15, 2002, whether denied because of size status or pending, such applications shall be deemed resubmitted on March 15, 2002. For pre-disaster mitigation loans, size status is determined as of the date SBA accepts a complete Pre-Disaster Mitigation Small Business Loan Application for processing. Refer to Sec. 123.408 of this chapter to find out what SBA considers to be a complete Pre-Disaster Mitigation Small Business Loan Application.
(d) Changes in size subsequent to the applicable date when size is determined will not disqualify an applicant for assistance.
Source: Code of Federal Regulations, Title 13, Volume 1, Revised as of January 1, 2003, Part 121 - Small Business Size Regulations, Subpart A - Size Eligibility Provisions and Standards, Size Eligibility Requirements For SBA Financial Assistance
