Adm 84.05(5)(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.

Adm 84.06Adm 84.06 Documentation of ownership. The department shall require documentation of the ownership of at least 51% of the business by a minority owner or owners:

Adm 84.06(1)(1) Documentation may include, but is not limited to, the following: current business income tax return, current business financial statement, business licenses, buy-out agreements and financial agreements.

Adm 84.06(1)(a)(a) In the case of a sole proprietorship, additional documentation may include, but is not limited to, canceled checks used to purchase ownership.

Adm 84.06(1)(b)(b) In the case of a partnership, additional documentation may include, but is not limited to, partnership agreements, purchase agreements, salary and profit sharing records.

Adm 84.06(1)(c)(c) In the case of a corporation, additional documentation may include, but is not limited to, articles of incorporation, corporate by-laws, corporate borrowing resolution, stock certificates, stock affirmation forms, salary and profit sharing records.

Adm 84.06 NoteNote: A stock affirmation form may be obtained, at no charge, from: WI Supplier Diversity Program, Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.

Adm 84.06(1)(d)(d) In the case of a joint venture, additional documentation may include, but is not limited to, a joint venture agreement which is written and signed by all of the joint venturers. Each joint venture agreement shall specify:

Adm 84.06(1)(d)1.1. The capital contribution made by each joint venturer; the control each will exercise; and the distribution of profit and loss. Each of these elements must be allocated in proportion to their contribution; and

Adm 84.06(1)(d)2.2. The useful business function the joint venture will perform and the part of the work each joint venturer will do.

Adm 84.06(2)(2) The department may require documentation showing how and when the minority owner’s or owners’ interest in the business was acquired.

Adm 84.06(3)(3) In those instances when an ownership interest arises in a nonapplicant nonminority spouse because of the operation of marital property laws, the department may request a signed marital property waiver form in which both spouses certify that only the minority spouse controls and manages the business or an affidavit stating that a marital property agreement has been signed in which the nonminority spouse relinquishes control and management of the business.

Adm 84.06 NoteNote: A marital property waiver form may be obtained, at no charge, from: WI Supplier Diversity Program, Department of Administration, P.O. Box 7970, Madison, WI 53707-7970.

Adm 84.07(1)(1) Factors which shall be considered in determining whether the applicant meets the control requirement include, but are not limited to, the following:

Adm 84.07(1)(a)(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.

Adm 84.07(1)(d)(d) The managerial experience, knowledge and expertise of the minority owner or owners in such areas as finance, budgeting, personnel, production, marketing and research.

Adm 84.07(1)(e)(e) Whether the minority owner or owners have the authority to make policy decisions in such areas as finance, budgeting, personnel, production, marketing and research.

Adm 84.07(1)(g)(g) The existence of restrictive financing agreements with nonminority firms or financial institutions which impose undue limitations on the minority firm.

Adm 84.07(2)(2) Absentee ownership or titular ownership by an individual who does not take an active role in controlling the business is not consistent with the eligibility criteria for certification as a minority business enterprise.

Adm 84.08Adm 84.08 Documentation of control. The department shall require evidence that the minority owner or owners have at least 51% control over the business. Such evidence may include, but is not limited to, the following: