Section 82.29. Documentation of control.

 

(1)  An applicant shall submit evidence that one or more disabled veteran owners or their duly authorized representatives have control over the business. The evidence may include any of the following:

(a) Signed bids and contracts.

(b) Signed debt instruments.

(c) Signed hiring decisions.

(d) Bank signature cards and bank resolution authorizations, for savings, checking and other financial accounts.

(e) Written proof that the organizational and governing documents of an applicant, such as limited liability company operating agreements, partnership agreements, or articles of incorporation and by-laws, do not contain any provision which restricts the disabled veteran owner or his or her duly authorized representative from exercising control of the business.

(f)

1. Documentation, such as résumés, showing that the disabled veteran owners or their duly authorized representatives have the managerial experience, knowledge and expertise — in such areas as finance, budgeting, personnel, production, marketing and research — needed for exercising day-to-day control over the business.

2. The department may waive the managerial experience required in subd. 1. , when a disabled veteran is starting a disabled veteran-owned business, financial adviser, or investment firm.

(g) Documentation establishing the representation authorization prescribed in s. 45.04 (1) (a) , Stats., if another person is acting for the disabled veteran.

(2)  The managerial experience, knowledge and expertise of the disabled veteran owners or their duly authorized representatives substantially demonstrates their ability to make independent and unilateral business decisions necessary to guide the future and destiny of the business. The applicant may document this ability and control in a number of ways. For a disabled veteran owner or his or her duly authorized representative to demonstrate the extent of this control, the department may consider the following or other aspects of a business:

(a) Authority to sign payroll checks and letters of credit.

(b) Signature responsibility for insurance or bonds.

(c) Authority to negotiate and execute contracts and financial services agreements.

(d) Ability to obtain bank authorization resolutions.

(3)  Agreements for support services are permitted as long as the power of the disabled veteran owner or his or her duly authorized representative to control the company is not restricted or impaired, as determined by the department.

History: EmR1041 : emerg. cr., eff. 11-14-10; CR 11-004 : cr. Register September 2011 No. 669 , eff. 10-1-11.

Note

Section 45.04 (1) (a) of the Statutes defines "duly authorized representative" and is reprinted under section Adm 82.12 (20) . Microsoft Windows NT 6.1.7601 Service Pack 1