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SBIC updates: Investing in All of America Act expands leverage opportunities

The Investing in All of America Act expands leverage, capital access, and incentives for SBICs. Plus, a Final Rule streamlined regulations.  

The SBIC (Small Business Investment Company) program has seen two major changes in the first half of 2026. First, the SBA published a Final Rule (effective Feb. 2, 2026) that streamlined the regulations. Second – and the bigger deal – is that on May 19, President Trump signed the Investing in All of America Act, which raises leverage limits and opens up new ways for SBICs to access capital. Here’s a plain-language breakdown.

1. Higher leverage caps

    • The maximum leverage a standard debenture SBIC can draw has been increased from $175 million up to $250 million.
    • The leverage-to-private-capital ratio drops from 3:1 to 2:1, but that’s actually good news – the old $175 million dollar cap was almost always the real limit, not the ratio. Now an SBIC with $125+ million in private capital can max out at $250 million.
    • The family-of-funds cap (common control) goes from $350 million to $475 million.
    • Accrual SBICs and Reinvestor SBICs stay at the old $175 million cap, but they can access bonus leverage (see below).

Quick comparison

    Old cap     New cap  
Individual standard debenture SBIC     $175M (3:1 ratio)     $250M (2:1 ratio)  
 Family-of-funds (standard debenture)     $350M     $475M  

 

2. Bonus leverage got a big upgrade

Under the old rules, SBICs could exclude certain equity investments in low-income areas from their leverage calculation – basically giving them room to borrow more. The new law expands this in a few important ways:

    • Not just equity anymore – loans and debt investments now count, too.
    • More qualifying categories: In addition to low-income areas, investments in rural small businesses, critical technology companies, and small U.S. manufacturers now qualify.
    • The max bonus is the lesser of 50% of private capital or $125 million.
    • Only new investments made after May 19, 2026, qualify – you can’t count existing portfolio companies retroactively.

3. Public university endowments now count as private capital

Previously, investments from public university endowments were treated as government money and capped at 33% of an SBIC’s private capital. The new law removes that cap: Public university endowment dollars now count fully as private capital, just like pension plans and employee benefit plans. This could open up a new investor base for SBIC fund managers.

4. SBA Final Rule – Housekeeping and streamlining

Highlights of the Final Rule effective Feb. 2 included:

    • Removed outdated rules for license types the SBA no longer issues (old 301(d) SBICs, Participating Securities, Early Stage SBICs)
    • Simplified the process for existing fund managers applying for a subsequent SBIC license
    • Added incentives for investments in critical industries and technologies aligned with recent Executive Orders

Takeaways and next steps for SBICs and fund managers

    • SBICs with $125+ million in private capital should talk to the SBA about accessing the higher $250 million leverage cap.
    • Fund managers should check their LPAs; some may have dollar-based leverage restrictions that need to be amended.
    • SBICs investing in rural areas, critical technology, or U.S. manufacturing should model the bonus leverage upside.
    • Managers raising new funds should think about structuring mandates to maximize bonus leverage eligibility — that can be a real competitive edge in fundraising.
    • Clients with public university endowment investors should revisit their private capital calculations.

Contact us to discuss your opportunities under these changes.

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