Wis. Admin. Code Department of Administration § Adm 84.05 - Determination of ownership
An
(1)
Minority persons must legitimately hold at least 51% of the beneficial
ownership interests in the business.
(2) The minority ownership's interest in the
firm shall be real, substantial and continuing. Such interest shall include:
(a) A risk of loss and share of profit
commensurate with the proportional ownership; and,
(b) Receipt of the customary incidents of
ownership, such as salary, rights to dividends, ownership of assets and
ownership of intangible assets such as copyrights and patents.
(3) The contributions of capital
and expertise by the minority owner or owners to acquire his or her interest in
the firm shall be real and substantial. Contributions of personal or
professional services alone shall not be considered real and substantial for
the purposes of this section, although they shall receive consideration when
given in conjunction with other tangible forms of investment.
(4) All securities and ownership interests
which constitute ownership or control of the firm for the purposes of
establishing it as a minority business enterprise shall be held directly by the
minority owner or owners. No securities or ownership interest held in trust, or
by any guardian for a minor, shall be considered as being held by the minority
owner or owners in determining ownership and control of the business . The right
to purchase stock in the business in the future shall not be considered as
being held by the minority owner or owners in determining ownership and control
of the business .
(5) An ownership
interest arising in a nonapplicant nonminority spouse solely because of the
operation of marital property laws shall not disqualify the applicant minority
spouse from certification if both spouses certify that only the minority spouse
participates in the control and management of the business.
Notes
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