Compensation Agreement;

Forms and Documents

Document Name	Status
Form SBA Form 159 Compensation Agreement; Form and Instruction	Modified
3245-0201 15 USC 642 8-30-2021.pdf Supplementary Document	2021-08-30
3245-0201 13 CFR 103 5 8-30-2021.pdf Supplementary Document	2021-08-30
3245-0201 OMB SUBMISSION_ Form 159 and Form 159D_Supporting Statement FINAL 8-30-2021.docx Supporting Statement A	2021-08-30

IC Document Collections

IC ID	Document Title	Status
35726	Compensation Agreement; Form and Instruction	Modified

ICR Details

OMB Control No: 3245-0201	ICR Reference No: 202108-3245-003
Status: Received in OIRA	Previous ICR Reference No: 201804-3245-007
Agency/Subagency: SBA	Agency Tracking No:
Title: Compensation Agreement;
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/30/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2021
Responses	6,157	40,411
Time Burden (Hours)	1,925	3,364
Cost Burden (Dollars)	61,570	0

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Abstract: Section 13 of the Small Business Act, 15 U.S.C. 642 as well as 13 CFR 103 .5, require loan applicants, agents or packagers to execute and provide to SBA's compensation agreement to disclose the name of the agent and the fees paid to such an agent for services rendered or to be rendered to the loan applicant, 7(a) participating Lender or Certified Development Company. SBA uses the information to determine whether there is unlawful or unethical activity by agents and to monitor fees charged.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 20430	04/19/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 47770	08/26/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Compensation Agreement;	SBA Form 159, SBA FORM 159 D	Fee Disclosure and Compensation Agreement (7A) ,   FEE DISCLOSURE FORM AND COMPENSATION AGREEMENT For Agent Services In Connection With an SBA Disaster Assistance Loan

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	6,157	40,411	0	-34,254	0	0
Annual Time Burden (Hours)	1,925	3,364	0	-1,439	0	0
Annual Cost Burden (Dollars)	61,570	0	0	61,570	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The estimated overall burden hours and number of responses for this collection has decreased. This is due primarily due to the significant decrease in the total number of responses for SBA Form 159s from SBA’s last PRA submission, which can be attributed to the fact that , the Paycheck Protection Program (PPP) as authorized by 7(a)(36) and (37), and related initiatives implemented by SBA in response to the COVID-19 pandemic did not require this form since no fees could be charged to the applicant under PPP as mandated by statue.

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Annual Cost to Federal Government: $115,478

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/30/2021

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