Corey Rosen
Once Again, the SBA's ESOP Loan Program Becomes Dysfunctional
The first piece of legislation I wrote on ESOPs as a Congressional staffer was the Small Business Employee Ownership Act. It became law in 1980. The bill was designed to address the SBA's refusal to make loans to ESOP trusts. At the time, loans often went directly to the ESOP trust rather than first to the company, which would then reloan it to the ESOP. The new law clarified that the SBA could make a loan directly to the ESOP trust. Shortly after that, I started the NCEO. After a couple of years, the SBA still had not issued guidance on how the law would be implemented. I set up a meeting with SBA officials to discuss the issue. They told me the law did not mean what I thought. I explained that I actually wrote the law, but they were not persuaded. The law also directed them to run an outreach program, but they didn't want to do that either.