Wis. Admin. Code Department of Administration § Adm 83.20 - Certification criteria

Current through November 29, 2021

In order to become certified as a woman-owned business enterprise, a business shall meet all of the following eligibility standards:

(1) The business satisfies all of the criteria in the WBE definition in s. Adm 83.12(53).
(2) If the business is a sole proprietorship, a woman owns 100% of the company assets.
(3)
(a) If the business is a partnership, 2 or more persons agree to carry on a business or venture together, upon the terms of mutual participation in the profits and losses of the business. The partnership is a contract of mutual agency, each partner acting as a principal in her or his own behalf and as agent of his or her co-partners, and general rules of law applicable to agents shall apply with equal force in determining rights and liabilities of partners.
(b) If the business is a general partnership, one or more women own at least 51% of the partnership interests.
(c) If the business is a limited partnership, one or more women general partners own at least 51% of the general partnership interest and exert at least 51% of the control among general partners. The women general partners receive at least 51% of the profits and benefits, including tax credits, deductions and postponements. In addition, the women limited partners shall own at least 51% of the limited partnership interests and receive at least 51% of the profits and benefits, including tax credits, deductions and postponements.
(4) If the business is a limited liability company, one or more women own at least 51% of membership interests in the LLC organization, and exert at least 51% of the management and control among the members. The women owners also participate in all risks and profits of the organization at a rate commensurate with their membership interests.
(5) If the business has a corporate form of organization, one or more women own at least 51% of all voting stock of the corporation. Any voting agreements among the shareholders do not dilute the beneficial ownership, the rights, or the influence of the women owners of the stock or classes of stock of the corporation. The women owners possess the right to all customary incidents of ownership, such as the ability to transfer stock, title possession, and enter binding agreements.

Note: Nonprofit corporations do not meet the requirements in sub. (5) and are therefore not eligible for certification.

(6) If the business is a joint venture, one or more woman-owned businesses hold at least 51% of the beneficial ownership interest in the joint venture, and exert at least 51% of the control and management of the joint venture. The woman-owned business partners of the joint venture are certified or are eligible for certification as woman-owned business enterprises.
(7) If the business is a subsidiary or affiliate, one or more women own at least 51% of the parent company.

Notes

Wis. Admin. Code Department of Administration § Adm 83.20
CR 06-113: cr. Register May 2007 No. 617, eff. 6-1-07; correction in (1) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.

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