Executive Law Article 15-A, Section 301 defines an M/WBE as:
Factors 2-3 are discretionary, while 1-4 are statistical. Proving #2 is a matter of overcomng the obvious fact that your business will be only recently converted to women ownership, and that raises the possibility of a sham, greater than would exist with a business that had a woman in command for years -- or at least months.
Proving #3 requires evidence of the woman's day-to-day control. This would be clearly demonstrated by her knowledge ofthe business operations, strategies, goals, etc. Also, routinely signing documents, having required licenses issued in her name, etc.
Hope this helps.
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For liability reasons, I can't tell you what you "should" do.
However, the law requires that you be able to show that despite her full-time employment, that your wife is also employed by your corporation and regularly and continuously making the operational and/or strategic decisions of the corporation. Emails, letters, faxes, resolutions, board of directors minutes, contracts, etc., with her signature, or referring to her actions, recommendations, instructions, negotiations, etc., may go a long way to show that she is actively and regularly involved in the business.
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