This message is a second follow-up to the information that we previously provided regarding the August 7, 2025, Executive Order (EO), Guaranteeing Fair Banking for All Americans, and the August 26, 2025, SBA General Counsel letter which requires that, within 30 days of the December 5, 2025, EO deadline, each SBA lender provide a “detailed report addressing and evidencing [its] compliance with each of the [four specific] requirements” spelled out in the letter.
As part of its continuing implementation of the EO, on September 30, 2025, SBA’s General Counsel (GC) issued a second communication applicable only to lender institutions that held less than $30 Billion in total assets as of June 30, 2025, and are supervised by Federal banking regulators. [Per footnote 1 in the new message “the term ‘Federal banking regulators’ refers to the SBA and the Federal member agencies of the Financial Stability Oversight Council with supervisory and regulatory authority over banks, savings associations, or credit unions”.]
The communication includes a form to be completed by the designated lenders and indicates that such lenders can demonstrate compliance with the SBA reporting requirements set forth in the August 26, 2025, SBA GC communication “by using [that] form and meeting the criteria set forth therein”. Consistent with the deadline in the earlier communication, by January 5, 2026, lenders must submit the form and any supplementary information to SBA using the email address [email protected].
According to the September 30 message, the new guidance is provided in acknowledgement of “the commitment that the Federal banking regulators have demonstrated to the Fair Banking Executive Order” and is intended “to ensure that community banks and other small lenders continue to focus their limited resources on lending in their communities and other community banking activities”.
In previous NAGGL messages, we informed members that we were compiling questions that we had been receiving from our members and that we also were coordinating with other financial trade associations to share the concerns of each of our memberships in order to have the most complete picture possible of lenders’ issues regarding the EO. The list of NAGGL member questions was provided to SBA on September 26, 2025.
As of this date, NAGGL is not aware of any additional reporting guidance having been provided to lenders that do not meet the criteria in the September 30, 2025 message. Please see that communication and the other linked documents for complete information regarding the EO and the SBA reporting requirements for lenders.
We will continue to monitor this important issue and will keep you in the loop as additional information becomes available.
