Control is not the same as ownership. For example a disadvantaged individual may own 51% of the business that is applying for 8(a) Certification but they may be found to not unconditionally control the company by the SBA.
The SBA regards control as including both the strategic policy setting exercised by boards of directors and the day-to-day management and administration of business operations of the business.
When you apply for the SBA 8(a) Program you must report to the SBA what your primary NAICS (North American Industry Classification System) code is.
Your primary NAICS code is defined as the six digit code in which your business earned its largest segment of revenue, in the most recently completed fiscal year.
124.104 Who is economically disadvantaged?
(2) When married, an individual claiming economic disadvantage must submit separate financial information for his or her spouse, unless the individual and the spouse are legally separated. SBA will consider a spouse’s financial situation in determining an individual’s access to credit and capital where the spouse has a role in the business (e.g., an officer, employee or director) or has lent money to, provided credit support to, or guaranteed a loan of the business. SBA does not take into consideration community property laws when determining economic disadvantage.
TIP 1: Keep an eye on your Adjusted Net Worth. To remain economically disadvantaged while you are a participant in the SBA 8(a) Program the 8(a) applicant(s) Adjusted Net Worth must be less than $850,000 when you submit your 8(a) Annual review.
For companies needing assistance with their Hubzone Application, we offer 3 different templates that can help you to provide the information that the SBA requires.
