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e-CFR data is current as of January 21, 2021


13 CFR--PART 121

View Printed Federal Register page 85 FR 80588 in PDF format.

Amendment(s) published December 14, 2020, in 85 FR 80588

Effective Dates: Mar. 27, 2020

22. Amend §121.301 by:

a. Revising paragraph (f)(4);

b. Removing paragraphs (f)(5) and (6);

c. Redesignating paragraphs (f)(7) through (9) as paragraphs (f)(5) through (7), respectively; and

d. Revising newly redesignated paragraph (f)(5).

The revisions to read as follows:

§ 121.301   What size standards and affiliation principles are applicable to financial assistance programs?

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(f) *  *  *

(4) Affiliation based on identity of interest. Affiliation arises when there is an identity of interest between close relatives, as defined in 13 CFR 120.10, with identical or substantially identical business or economic interests (such as where the close relatives operate concerns in the same or similar industry in the same geographic area). Where SBA determines that interests should be aggregated, an individual or firm may rebut that determination with evidence showing that the interests deemed to be one are in fact separate.

(5) Affiliation based on franchise and license agreements. The restraints imposed on a franchisee or licensee by its franchise or license agreement generally will not be considered in determining whether the franchisor or licensor is affiliated with an applicant franchisee or licensee provided the applicant franchisee or licensee has the right to profit from its efforts and bears the risk of loss commensurate with ownership. SBA will only consider the franchise or license agreements of the applicant concern.

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