Executive Law Article 15-A, Section 301 defines an M/WBE as:
at least 51% owned and controlled by the minority members and/or women;
the minority and/or women ownership interest, is real, substantial and continuing;
the minority and or women ownership has and exercises the authority to independently control the day-to day business decisions; and
independently owned, operated and authorized to do business in New York State.
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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