Affidavit of Corporate Officer
(As to Regularity of Borrower's Business)

Summary

This Affidavit of Corporate Officer (As to the Regularity of the Borrower’s Business) template is a short affidavit that is (1) prepared in conjunction with the opinion of the borrower’s counsel and supplements the opinion (the delivery of this opinion is often required as a condition precedent to the closing of a loan transaction), or (2) delivered to a Small Business Investment Company (SBIC) licensed lender in connection with a request for funding. In the affidavit, the corporate officer (typically the company’s secretary) verifies that the business has complied with all legal and statutory requirements. This template includes practical guidance, drafting notes, and optional clauses. This template Affidavit of Corporate Officer (As to the Regularity of the Borrower’s Business) assumes the following: • The template is not state specific, thus applicable state law should be consulted in order to conform the form to any local requirements, as applicable; and • This template should be modified as appropriate for your transaction based on the parties involved and the business agreement of the parties. For further information on private equity investments, see the practice note SBIC Program Overview.