The Small Business Assistance Practice at K&L Gates focuses on advising those Venture Capitalists, Lenders and Small Businesses that wish to avail themselves of Federal programs which provide capital, contractual and grant assistance to American small businesses.  In this regard the practice is interdisciplinary.  It draws from K&L Gates’ extensive resources and experience in the Private Equity and Venture Capital, Capital Formation, Commercial Finance, Technology and Emerging Growth and Government Contracts practice disciplines to provide a myriad of legal services to small businesses and those who seek to provide assistance to them.

We assist clients in the three principal service areas outlined below.

Small Business Lending
As part of our Finance practice, we provide a full range of services to SBA (7(a)) and U.S. Department of Agriculture (USDA) government guaranteed lenders and SBA certified development companies (CDCs), including assistance with:

• Obtaining qualification to participate in the programs for 7(a) lenders, USDA lenders and CDCs
  
  
• Documenting sales and transfers of lending authority and loan portfolios
  
  
• Structuring secondary market and securitization transactions for 7(a) and USDA program participants
  
  
• Structuring asset-backed lines of credit to support lender operations
  
  
• Assisting lenders and CDCs with regulatory compliance issues
  
  
• Providing due diligence assistance to lenders
  
  
• Structuring conduit programs for sale of whole loans and guaranteed portions

Representative engagements include:

• Formation and representation of numerous Small Business Lending Companies (SBLCs) and other non-bank lenders for participation in SBA 7(a)-guaranteed loan program
  
  
• Formation and preparation of documentation for conduits that acquired and securitized unguaranteed portions of SBA 7(a) and USDA-guaranteed loans
  
  
• Preparation of securitization documentation for the originators of SBA-guaranteed loans
  
  
• Representation of SBA lenders in various regulatory matters, including denials of liability on guarantees
  
  
• Representation of purchasers and sellers of franchises that make SBA-guaranteed loans, including for structuring and regulatory approval of the buy-sell transactions
  
  
• Negotiation and preparation of large asset-backed lines of credit secured by SBA-guaranteed loans
  
  
• Representation of sellers and purchasers of guaranteed portions of 7(a) and USDA government-guaranteed loans 

Small Business Investment Company (SBIC)
We provide a full range of services to principals, managers and investors in SBICs as well as the small businesses that receive their investment capital, including assistance with:

• Structuring and licensing SBICs
  
  
• Providing regulatory compliance assistance to SBICs
  
  
• Preparing documentation of investments by SBICs and related regulatory compliance
  
  
• Representation of investors in SBICs in partnership agreement negotiations
  
  
• Representation of recipients of SBIC assistance in documenting transactions

Representative engagements include:

• Formation, structuring and licensing of multiple SBICs and new market venture capital companies
  
  
• Provision of assistance to SBICs on regulatory compliance and leveraging matters
  
  
• Representation of investors in SBICs for due diligence, structuring and regulatory matters
  
  
• Assistance to SBICs with self-liquidation and receivership matters
  

Small Business Grant and Contract Assistance
Working in concert with lawyers in our Government Contracts and Procurement Policy and Technology & Emerging Growth practice areas, we provide a full range of assistance to small businesses seeking preferential set-asides and grants available to small and small disadvantaged businesses, and participation in programs designed to foster the development of such businesses, including:

• Assistance with qualification for 8(a) and SDB certification
  
  
• Assistance with negotiation of small business set-aside contracts
  
  
• Assistance with negotiation and qualification for SBIA grants
  
  
• Handling size protects and appeals from adverse decisions on 8(a) and SDB status

Representative engagements include:

• Representation of applicants for 8(a) and SDB status
  
  
• Representation of applicants for SBIR grants
  
  
• Representation of small businesses in size appeals and appeals of adverse determinations on 8(a) and SBD determinations.

Note: Representative Engagements described include some work performed by current K&L Gates lawyers during their tenure at other firms.