the department shall consider in determining whether one or more women owners
control a business include, but are not limited to, the following:
(a) Authority and restrictions as indicated
in the articles of incorporation, by-laws, minutes of corporate meetings, bank
signature cards, partnership and joint venture agreements and other business
agreements and documents.
Membership of one or more women owners on the board of directors.
(c) Holdings by women owners of the voting
interests in the business.
managerial experience, knowledge and expertise of the women owners in such
areas as finance, budgeting, personnel, production, marketing and
(e) Whether the women
owners have the authority to make policy decisions in such areas as finance,
budgeting, personnel, production, marketing and research.
An applicant's assertion of being
independent from a male-owned business may not rest solely on recognition of
the women owners by governmental taxing authorities. Other test criteria
include, but are not limited to, the following:
(a) An applicant's relationship with any
male-owned business, that involves any long-term contract or lease
(b) The existence of
working agreements with any male-owned business.
(c) An applicant's status as a party to any
contract or lease agreement on terms at variance with industry standards or
prudent business practices.
existence of restrictive financing agreements with any male-owned business or
financial institution that impose undue limitations on the applicant.
(e) Interlocking stock ownership of the
applicant and any male-owned business in the same industry.
(f) Common directors or officers between the
applicant and any male-owned business.
(g) An applicant's use of employees,
equipment, expertise, facilities, or other resources from a male-owned
(h) The receipt by a
male-owned business of financial benefits, such as profits and wages, that are
not commensurate with the duties performed.
(i) An applicant that cannot operate without
licenses, permits or insurance held by another business.
(j) An applicant that does not possess all
legal requirements necessary to its operation.