13 CFR 125.9 - Who does SBA consider to own an SDVO SBC?

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There is 1 rule appearing in the Federal Register for 13 CFR 125. View below or at eCFR (GPOAccess)
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§ 125.9 Who does SBA consider to own an SDVO SBC?
A concern must be at least 51% unconditionally and directly owned by one or more service-disabled veterans. More specifically:
(a) Ownership must be direct. Ownership by one or more service disabled veterans must be direct ownership. A concern owned principally by another business entity that is in turn owned and controlled by one or more service-disabled veterans does not meet this requirement. Ownership by a trust, such as a living trust, may be treated as the functional equivalent of ownership by service-disabled veterans where the trust is revocable, and service-disabled veterans are the grantors, trustees, and the current beneficiaries of the trust.
(b) Ownership of a partnership. In the case of a concern which is a partnership, at least 51% of every class of partnership interest must be unconditionally owned by one or more service-disabled veterans. The ownership must be reflected in the concern's partnership agreement.
(c) Ownership of a limited liability company. In the case of a concern which is a limited liability company, at least 51% of each class of member interest must be unconditionally owned by one or more service-disabled veterans.
(d) Ownership of a corporation. In the case of a concern which is a corporation, at least 51% of the aggregate of all stock outstanding and at least 51% of each class of voting stock outstanding must be unconditionally owned by one or more service-disabled veterans.
(e) Stock options' effect on ownership. In determining unconditional ownership, SBA will disregard any unexercised stock options or similar agreements held by service-disabled veterans. However, any unexercised stock options or similar agreements (including rights to convert non-voting stock or debentures into voting stock) held by non-service-disabled veterans sill be treated as exercised, except for any ownership interests which are held by investment companies licensed under the Small Business Investment Act of 1958.
(f) Change of ownership. A concern may change its ownership or business structure so long as one or more service-disabled veterans own and control it after the change.

Title 13 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 13.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-06-03; vol. 79 # 106 - Tuesday, June 3, 2014
    1. 79 FR 31848 - Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation; Correction
      GPO FDSys XML | Text
      SMALL BUSINESS ADMINISTRATION
      Correcting amendments.
      Effective June 3, 2014.
      13 CFR Parts 125 and 127

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United States Code

Title 13 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 13 CFR 125 after this date.

  • 2014-06-03; vol. 79 # 106 - Tuesday, June 3, 2014
    1. 79 FR 31848 - Acquisition Process: Task and Delivery Order Contracts, Bundling, Consolidation; Correction
      GPO FDSys XML | Text
      SMALL BUSINESS ADMINISTRATION
      Correcting amendments.
      Effective June 3, 2014.
      13 CFR Parts 125 and 127