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![Canada Small Business Financing Program Canada Small Business Financing Program](/web/20060226120354im_/http://strategis.ic.gc.ca/epic/home.nsf/images/la_custom_banner_e.jpg/$FILE/la_custom_banner_e.jpg)
Canada Small Business Financing Program
Frequently Asked Questions
General
Where lenders consider that a given situation is not clearly covered
by the Act, Regulations, the Guidelines or these FAQs, they should
seek clarification and direction from their head office, regional
office or their central office. Where appropriate, and at the written
request of the lender's head office, regional office or central
office, a ruling may be obtained from the Administration.
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What are the responsibilities of the lender under the
CSBFA program?
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How is the registration deadline calculated?
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Can an extension be granted to a lender for submitting
a loan for registration beyond the 3-month deadline?
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Can a lender submit the registration form even if it
has not yet obtained the borrower's business (GST)
number?
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Can the registration fee be financed under the
CSBFA?
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Can a lender get a refund of the 2% registration
fees?
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Can a lender request an increase in the amount of the
loan already registered under the CSBFA?
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Before submitting a claim to the Minister, does the
lender have to realize on the security taken on the assets
financed?
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Does the lender have to obtain judgement against a
borrower/guarantor when in the process of realizing on the security
of a CSBF loan?
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What are some of the common errors made when making a
CSBF loan that would result in invalidating a claim?
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What are some of the common errors made when making
and administrating a CSBF loan that would result in an adjustment
to a claim?
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Are farming activities eligible for CSBF loans?
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Are foreign citizens eligible for a CSBF loan?
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What is the difference between related borrowers and
a borrower who is not at arm's length?
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When an appraisal is required under the program
regulations, is it possible to use someone who is not an appraiser
member of any professional association?
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Can a borrower be in default of a CSBF loan even
though the payment of interest and principal are up to date?
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Can a CSBF loan be transferred to another lender?
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What is the time delay to submit the request to
transfer a loan from another lender and what form do we use?
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What are the responsibilities of the
lender under the CSBFA program?
The Minister will pay 85% of the loss, as long as the lender
meets all the legislative requirements. The Minister is
accountable to Parliament to ensure full compliance to the CSBF
Act and Regulations.
References: Act: 4(1)a), 5(1)
Regulations: 37, 38
Guidelines: B & C
Registration
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How is the registration deadline
calculated?
The 3-month registration deadline is calculated from the date of
the first disbursement of the loan funds.
References: Regulations: 2(1)
Guidelines: B. item 1
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Can an extension be granted to a lender
for submitting a loan for registration beyond the 3-month
deadline?
Yes. An additional 3 months can be authorized if the lender has
missed the deadline to present the registration form. The lender
must submit a written explanation for the inadvertence.
References: Regulations: 2(2)
Guidelines: B. item 1.2
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Can a lender submit the registration
form even if it has not yet obtained the borrower's
business (GST) number?
Yes. A lender can submit its registration form with a “To
Follow” in Box # 6. The loan will be registered
without it. The business (GST) number should be faxed to the
CSBF Directorate once the lender receives it.
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Can the registration fee be financed
under the CSBFA?
The registration fee is a prescribed class under the Canada
Small Business Financing Regulations and can, therefore, be
financed under the CSBFA.
References: Regulations: 5(1)(d)
Guidelines: A. item 4.4
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Can a lender get a refund of the 2%
registration fees?
Yes. A partial refund of the registration fee may be authorized
if the lender has disbursed less than the full amount of the
loan registered. A full refund of the registration fee may be
authorized if the lender determines the loan to be ineligible.
However, the request for refund of registration fees must be
submitted by the lender within one year from the date the loan
is disbursed.
References: Regulations: 4(10)
Guidelines: B. item 2.3
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Can a lender request an increase in the
amount of the loan already registered under the CSBFA?
Yes. The lender does not have to submit a new registration form.
The request for the increase must be submitted in writing within
one year after the date of the first disbursement of the initial
loan. The lender must:
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detail the new loan amount by class of loan,
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attest that the increase relates to the same project,
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confirm that the legal status of the borrower remains the
same as that of the initial loan,
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confirm that the loan is in good standing and all other terms
and conditions of the Act and Regulations are met,
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amend the registered security to reflect the increased amount
of the loan,
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certify that there are no modifications to the
“Borrower's Acknowledgement and Consent”
Section of the registration form originally submitted and
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submit a cheque for the 2% registration fee related to the
increase.
References: Guidelines: B. item 1.1
Claims
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Before submitting a claim to the
Minister, does the lender have to realize on the security taken
on the assets financed?
Yes, when it is reasonable to expect that the proceeds from
realization would exceed the costs.
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The lender should apply the same business practices as it
would with a conventional loan and take proceedings (legal
or other) only when it is cost effective to do so.
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If the lender determines that the secured assets should be
abandoned, detailed documentation is required to support
the decision (i.e. appraisal, documentation of priority
claims by Canada Revenue Agency, estimate of realization
costs or legal costs, etc.).
Reference: Regulations: 37
Guidelines: C, item 2
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Does the lender have to obtain judgement
against a borrower/guarantor when in the process of realizing on
the security of a CSBF loan?
It is the responsibility of the lender to determine if a
judgement is required for a CSBF loan as it would do for a
conventional loan.
However, before incurring the legal costs to obtain judgement,
the lender should do the necessary investigation (i.e.
investigation report, updated credit bureau, financial
statements, declaration of worth by the borrower/guarantor under
oath, etc.) to determine if the procedure is cost effective and
would reduce the Minister's loss.
Reference: Regulations: 37
Guidelines: C, item 2
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What are some of the common errors made
when making a CSBF loan that would result in invalidating a
claim?
The most common errors are:
References: Act: 2
Regulations: 5, 6, 9
Guidelines: A, items 1 to 5
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What are some of the common errors made
when making and administrating a CSBF loan that would result in
an adjustment to a claim?
The most common errors are:
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Evidence of assets purchased or proof of payment to
demonstrate that the requirements have been met, is
incomplete,
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Some assets purchased more than 180 days before loan approval
date,
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Loan exceeds prescribed percentage of asset cost (e.g.
financed 100% instead of 90%),
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independent appraisal required for some assets to be financed
not obtained when approving a loan,
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Realization on the personal guarantees exceed the maximum of
25%,
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Ineligible fee charged and borrower has not been reimbursed
before the claim was submitted,
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Interest exceeds maximum rate and borrower has not been
reimbursed before the claim was submitted.
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References: Regulations: 23 to 28
Guidelines: C, item 4
Eligibility
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Are farming activities eligible for
CSBF loans?
Generally no.
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Assets purchased for farming activities that qualify under
the MAJOR GROUP 01* are not eligible (e.g. sale of
livestock, animal specialties, field crops, fruit and
vegetable, horticultural specialties)
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However Service Industries Incidental to farming in GROUP
02 (i.e. veterinary services, farm breeding, soil
preparation, planting and cultivating services) would be
eligible under the program.
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For example, if a farmer who is qualified under GROUP 01
purchases snow plowing equipment for snow removal
contracts in the winter, this purchase would be eligible.
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However, if the same farmer buys harvesting equipment for
his own use, that would not be eligible.
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If harvesting equipment is purchased by a borrower to
provide harvesting services to farmers, this purchase
would be eligible, since it falls under the GROUP 02.
References: *1980 Standard Industrial Classification of
Statistics Canada
Act: 2
Guidelines: A, item 1
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Are foreign citizens eligible for a
CSBF loan?
Yes, if:
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has a place of business in Canada,
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the small business operates in Canada and
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the assets purchased are predominately used in Canada, the
small business is eligible for financing under the
program.
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There are no restrictions as to the ownership of the
business.
References: Act: 2
Guidelines: A, item 1
Other
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What is the difference between related
borrowers and a borrower who is not at arm's
length?
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Related Borrowers:
The notion of related borrowers is to limit to $250,000
total loans made under the CSBFA and the SBLA, regardless
of blood relationship, marriage or adoption.
References: Regulations: 3(2) to 3(6)
Guidelines: 2
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Borrower Not at Arm's Length:
The purpose of the definition of a borrower not at
arm's length (as defined by section 251 of the
Income Tax Act) is to:
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require an independent appraisal where the borrower
purchases assets from a vendor that is related to it
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and where the borrower wishes to finance leasehold
improvements and he is related to the landlord, the
lender must be secured by a mortgage on the property
improved.
References: Regulations: 9(1)a), 14(6)
Guidelines: A, item 5.3 and item 7.3, E
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When an appraisal is required under the
program regulations, is it possible to use someone who is not an
appraiser member of any professional association?
The services of an appraiser member of any professional
association must be used for the purchase of real estate,
improvements to real estate and leasehold improvements, there
are no exceptions.
For equipment loans where there is no professional association
of appraisers, an appraisal can be performed by a qualified
person (e.g. supplier of similar equipment, auctioneer or expert
in the field).
Reference: Regulations: 9
Guidelines: A, item 5.3
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Can a borrower be in default of a CSBF
loan even though the payment of interest and principal are up to
date?
Yes, if the borrower fails to comply with a material condition
of the CSBF loan agreement including amendments (e.g. revision
of repayment terms), deed of hypothec or any other document
signed by the borrower and the lender.
It is not limited to non payment of interest and principal. For
example, it can be for non-payment of property taxes, insurance
premiums, sale of assets without the lender's consent,
etc., if those conditions were agreed upon.
Reference: Regulations: 36
Guidelines: C, item 1
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Can a CSBF loan be transferred to
another lender?
Yes. At the request of the borrower, a CSBF loan may be
transferred to another lender. Since the transfer of loans
between lenders impacts on the Minister's liability, it is
possible that a request to transfer a loan could be refused if
the Minister's remaining liability were to become
insufficient following the transfer. Therefore, it is important
for the acquiring lender to request the transfer of a loan
before committing any funds in favour of the original lender.
References: Regulations: Sec. 29; Sec. 30
Guidelines: B. Item 9
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What is the time delay to submit the
request to transfer a loan from another lender and what form do
we use?
There is no time limit to submit the request. The form
“Request for the Transfer of a Loan between
Lenders”, form IC 2707E is available from our web
site. The acquiring lender must complete the transfer form, sign
it and have it also signed by the original lending institutions
as well as the borrower.
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