Wisconsin Administrative Code › Department of Administration › Chapter Adm 84 - Minority business certification program › Section Adm 84.02 - Definitions

Current through June 24, 2024
As used in this chapter, the following words shall have the
				following meanings:
(1)
			 "Administrator" means the administrator of the division of enterprise
			 operations in the department.
(2)
			 "Applicant" means any business that applies to the department for certification
			 as a minority business enterprise under s.
			 16.287,
			 Stats.
(3) "Application" means the
			 forms, all requested documentation, and the report of the on-site visit, if one
			 was conducted by the department, upon which the department will base its
			 decision to grant or deny certification or certification renewal.
(4) "Agency" means any executive office,
			 agency, department, board or commission of Wisconsin, another state, the
			 federal government or local government.
(5) "Affiliate" means a company that directly
			 or indirectly, through one or more intermediaries, is effectively controlled by
			 another company.
(6) "Assets" means
			 real and personal property of the business.
(7) "Authorized shares" means the shares
			 which a corporation is authorized to issue by its articles of
			 incorporation.
(8) "Bank signature
			 card" means a card, issued by a financial institution, which bears the
			 signature of the account holder and which documents the control of the business
			 account within the financial institution.
(9) "Beneficial ownership" means ownership of
			 the rights in a business which are the normal incidents of owning a business;
			 such as, the right to share in the profits and losses of the
			 business.
(11) "Business" means a
			 sole proprietorship, partnership, corporation or joint venture organized on a
			 for profit basis.
(12) "Buyout
			 agreement" means an agreement between or among part-owners of a business that,
			 under stated conditions, the person withdrawing is legally obligated to sell
			 his or her interest to the remaining part-owners.
(13) "Capital contribution" means the cash or
			 property contributed to a business and may include a financial investment in
			 the business and the contribution of property, space, patents and
			 copyrights.
(14) "Certification"
			 means the process by which a business is determined to be a minority business
			 for the purpose of participating in the state's minority business procurement
			 program under s.
			 16.75(3m),
			 Stats., or other statutory minority business procurement program.
(15) "Certification renewal" means the review
			 of a minority business enterprise to determine whether or not its certification
			 will be renewed.
(16) "Conversion
			 rights" means any agreement, option, scheme or documents that will create any
			 rights which, if exercised, would result in less than 51% minority ownership of
			 the business or less than dominant control by minority owners or
			 both.
(17) "Corporation" means a
			 corporation organized for profit with capital stock.
(18) "Decertification" means the process by
			 which a minority business enterprise loses its certification.
(19) "Department" means the department of
			 administration.
(20) "Firm which is
			 in a substantially similar line of business" means a company which produces a
			 product or performs a service which has the potential to be in direct
			 competition with the product or service of the minority business.
(21) "General partner" means a partner who
			 participates fully in the profits, losses and management of the partnership and
			 who is personally liable for its debts.
(22) "Interest" means a right, claim,
			 financial or legal share in the business.
(23) "Issued shares" means the shares of a
			 corporation which have been authorized and actually sold to subscribers. They
			 may include treasury shares.
(24)
			 "Joint venture" means a one-time association of 2 or more persons or
			 businesses, the purpose of which is to carry out a time-limited single business
			 enterprise for profit in which they combine their property, capital, efforts,
			 skills and knowledge, and in which they exercise control and management and
			 share in profits and losses in proportion to their contribution to the business
			 enterprise.
(25) "Joint venture
			 agreement" means a written agreement signed by each joint venturer specifying
			 the terms and conditions of the joint venture.
(26) "Marital property agreement" means an
			 agreement that complies with s.
			 766.58,
			 Stats.
(27) "Marital property laws"
			 means ch. 766, Stats.
(28) "Marital
			 property waiver" means a form provided by the department to document separate
			 control and management of a business under marital property laws.
(29) "Minority" means a person who is a
			 citizen or lawfully admitted permanent resident of the United States and who is
			 a member of one of the following groups:
(a)
			 "American Indian" - a person who is enrolled as a member of a federally
			 recognized American Indian tribe or band or who possesses documentation of at
			 least one-fourth American Indian ancestry or documentation of tribal
			 recognition as an American Indian.
(b) "Asian-Indian" - a person with ancestry
			 originating in India, Pakistan or Bangladesh.
(c) "Asian-Pacific origin" - a person with
			 ancestry originating in Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia,
			 the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific or the
			 Northern Marianas.
(d) "Black" - a
			 person with ancestry originating in any of the black racial groups of
			 Africa.
(e) "Eskimo" or "Aleut" - a
			 person with ancestry in any of the original peoples of Alaska, Northern Canada,
			 Greenland and Eastern Siberia.
(f)
			 "Hispanic" - a person with ancestry originating in Mexico, Puerto Rico, Cuba,
			 Central America or South America or whose culture or origin is
			 Spanish.
(g) "Native Hawaiian" - a
			 person with ancestry in the original peoples of Hawaii.