For SBA lenders
Short answer
Yes, if a non-owner spouse provides a personal guaranty or their assets are pledged as collateral, the lender must obtain their consent for necessary background checks.
While non-owner spouses do not typically complete SBA Form 1919 or 413 unless they are also principals, if they are providing a personal guaranty or pledging marital assets as collateral, the lender needs to perform appropriate due diligence. This includes obtaining their consent for credit and criminal background checks to assess character and creditworthiness in relation to their financial commitment or pledged assets.
A borrower's spouse, who has no ownership, is required to provide a personal guaranty because marital assets are being pledged as additional collateral. The lender requires the spouse to sign a separate consent form authorizing a credit report and criminal background check.
Insider move
Lenders must ensure they have proper authorization for all credit and background checks performed, especially for non-owner spouses involved in the loan transaction. Failure to obtain explicit consent can lead to privacy violations or incomplete underwriting for those critical to the loan's security.
SOP 50 10 - Lender and Development Company Loan Programs
SBA Form 1919 - Borrower Information Form
Last checked 2026-06-13. Official sources control — verify before relying on any rule for a live deal.
Last reviewed 2026-06-13 · SBA sources checked through 2026-06-13. DealRoom analysis of public SBA 7(a) lending records (FY2020–present). Grounded in the current SBA rulebook; verify against the official sources above before relying on it for a live deal. Not legal, tax, or financial advice, and not an approval decision.
More on required forms
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