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SBA Form 2463 Franchisor Certification for Use With SBA Negotiated Addendum
What Is SBA Form 2463?
SBA Form 2463, Franchisor Certification for Use With SBA Negotiated Addendum is a form completed by Franchisors and previously attached to the SBA Form 2462 (Addendum to Franchise Agreement).
The Small Business Administration (SBA) Franchisor Certification was used with the 2015 or 2016 version of the franchise agreement with an SBA Negotiated Addendum to certify that the agreement was reviewed by the SBA, did not create any affiliate relationship between the Franchisee and Franchisor and that the terms of the loan applicant's franchise agreement have not changed from those of the previous one.
The last available edition of the form was released by the SBA on February 1, 2017 . The most recent SBA Form 2463 printable version can be downloaded below.
Beginning in January 2018, the SBA Form 2463 is not required to be used with the SBA Negotiated Addendum. The Franchisor will have to provide a yearly certification on the SBA Form 2464 (Annual Franchisor Certification) to prove that their current agreement can continue using the SBA Negotiated Addendum or still does not need an addendum.
SBA Form 2463 Instructions
The form is signed by an authorized representative of the Franchisor with the authority to sign the Certification on their behalf. By having the representative sign the form the Franchisor agrees to the following:
- The SBA has previously reviewed the franchise agreement and any addendums and determined that it did not create an affiliate relationship between the Franchisee and Franchisor
- The current franchise agreement includes the SBA Negotiated Addendum and that the terms of the agreement have not changed from those in the previous agreement reviewed by the SBA.
- The SBA will rely upon the information provided on the SBA 2463 for the purpose of determining size eligibility of the Franchisee for financial assistance.
- All of the statements and information provided on the form are true and complete. Submitting false information or withholding information from the SBA will result in criminal charges.
SBA Form 2462, Addendum to Franchise Agreement
The SBA Form 2462 (Addendum to Franchise Agreement) is a form closely related to the SBA Franchise Form 2463. The SBA 2462 is used when a Franchisee applies for SBA-assisted financing. The addendum certifies that no terms of the franchise agreement will be enforced against the Franchisee during the life of the SBA-guaranteed loan.
