§ 107.692 - Examination fees.

§ 107.692 Examination fees.

Cross Reference

Link to an amendment published at 82 FR 52185, Nov. 13, 2017.

(a) General. SBA will assess fees for examinations in accordance with this § 107.692. Unless SBA determines otherwise on a case by case basis, SBA will not assess fees for special examinations to obtain specific information.

(b) Base fee. A base fee Fee.

(1) The Base Fee will be assessed based on your total assets (at cost) as of the date of your latest certified financial statement

or a more recent interim statement

, including if requested by

and submitted to

SBA in connection with the examination

. The base fee table is as follows:

Total assets of licensee	Base fee	Plus, percent of assets
$0 to $1,500,000	$3,500	+ 0%
$1,500,001 to $5,000,000	3,700	+ .065% of the amount over $1,500,000
$5,000,001 to $10,000,000	6,000	+ .02% of the amount over $5,000,000
$10,000,001 to $15,000,000	7,000	+ .01% of the amount over $10,000,000
$15,000,001 to $25,000,000	7,700	+ .015% of the amount over $15,000,000
$25,000,001 to $50,000,000	9,200	+ .015% of the amount over $25,000,000
$50,000,001 to $60,000,000	13,000	+ .01% of the amount over $50,000,000
$60,000,001 and above	14,000	+ 0%

(c) Adjustments to base fee. Your base fee, as determined by the table

, a more recently submitted interim statement. For purposes of this section, Base Fee means the Minimum Base Fee plus 0.024% of assets at cost, rounded to the nearest $100, not to exceed the Maximum Base Fee. The Minimum and Maximum Base Fees are adjusted annually as follows:

Time period (Based on the examination start date)	Minimum base fee	Maximum base fee for non-leveraged SBICs	Maximum base fee for leveraged SBICs
December 13, 2017 to September 30, 2018	$6,000	$22,500	$26,000
October 1, 2018 to September 30, 2019	7,000	25,000	32,000
October 1, 2019 to September 30, 2020	8,000	27,500	38,000
October 1, 2020 to September 30, 2021	9,000	30,000	44,000

(2) In the table in paragraph (b)(1) of this section, a Non-leveraged SBIC means any SBIC that, as of the date of the examination, has no outstanding Leverage or Leverage commitment, has no Earmarked Assets, and certifies to SBA that it will not seek Leverage in the future. Beginning on October 1, 2021, SBA will annually adjust the Minimum Base Fee and Maximum Base Fees using the Inflation Adjustment and will publish a Notice prior to such adjustment in the Federal Register identifying the amount of the fees.

(c) Adjustments to Base Fee. In order to determine the amount of your examination fee, your Base Fee, as determined in paragraph (b) of this section, will be adjusted ( increased or decreased) based on the following criteria:

(1) If you have no outstanding regulatory violations at the time of the commencement of the examination and SBA did not identify any violations as a result of the most recent prior examination, you will receive a 15% discount on your base fee;

(2) If you were

were not fully responsive to the letter of notification of examination (that is, you

provided

did not provide all requested documents and information within the time period stipulated in the notification letter in a complete and accurate manner,

and you prepared and had

or you did not prepare or did not have available all information requested by the examiner for on-site review)

, you will receive a 10% discount on your base fee; (3) If you are organized as a partnership or limited liability company

after a written warning by the SBA, you will pay an additional charge equal to

5%

15% of your

base fee

Base Fee;

(

4

2) If you

are an Early Stage SBIC with outstanding Leverage or Leverage commitments, you will pay an additional charge equal to 10% of your base fee; (5) If you are a Licensee authorized to issue Participating Securities

maintain your records/files in multiple locations (as permitted under § 107.600(b)), you will pay an additional charge equal to 10% of your

base fee

Base Fee; and

(

6) If you maintain your records/files in multiple locations (as permitted under § 107.600(b))

3) For any regulatory violation that remains unresolved 90 days from the date SBA notified you that you must take corrective action (as established by the date of the notification letter) or such later date as SBA sets forth in the notice, you will pay an additional charge equal to

10% of your base fee

5% of the Base Fee for every 30 days or portion thereof that the violation remains unresolved after the cure period, unless SBA resolves the finding in your favor.

(d) Fee discounts and additions table. The following table summarizes the discounts and additions noted in paragraph (c) of this section:

Examination fee discounts Amount of discount - % of base examination fee Examination fee additions	Amount of addition - − % of base examination fee
No prior violations	15	Partnership or limited liability company	5
Responsiveness	10	Participating Security Licensee	10
fee
Non-responsive	15%.
Records/Files at multiple locations	10	Early Stage SBIC	10	10%.
Unresolved Findings	5% of Base Fee for every 30 days or portion thereof beyond the 90 day cure period or such later date as SBA sets forth in the notice for each unresolved finding.

(e) Delay fee. If, in the judgement judgment of SBA, the time required to complete your examination is delayed due to your lack of cooperation or the condition of your records, SBA may assess an additional fee of up to $500 $700 per day. Beginning on October 1, 2021, SBA will annually adjust this fee using the Inflation Adjustment and will publish a Notice prior to such adjustment in the Federal Register identifying the amount of the fee.

[62 FR 23338, Apr. 30, 1997, as amended at 77 FR 25052, Apr. 27, 2012; 82 FR 52185, Nov. 13, 2017]