| (a) In determining the extent of active participation
in the control, operation and management necessary for qualification
as a HUB, the comptroller may consider all relevant evidence. In considering
and applying the factors set forth in this subsection, the comptroller
will consider actual roles and responsibilities of the qualifying
owners, rather than titles or statements of intention regarding the
owners' role. Factors which may be considered include, but are not
limited to:
(1) appearance and relative scope of responsibility
of qualifying owners in articles of incorporation or partnership formation
documents;
(2) duties and rights of shareholders or partners relative
to operational decisions affecting the short term and long term goals
of the business;
(3) any restrictive language in articles of incorporation
or partnership agreements applicable to qualifying owner;
(4) whether any licenses, certificates, or permits
required to operate the business are held by or in the name of the
qualifying owner, and whether the qualifying owner is qualified to
hold such licenses or permits pursuant to applicable laws and regulations;
(5) the percentages of profit and risk available to
the qualifying owner under the corporate or partnership agreements;
(6) ability of other owners or partners to dilute either
the ownership percentage or operational powers of the qualifying owner;
(7) whether the qualifying owner has full time employment
elsewhere that might conflict with full participation in operation
of the business;
(8) the percentage of government versus non-government
contracts performed by the business where the qualifying owner actively
participates in the bidding of the contract or the performance of
the work;
(9) the period of time a qualifying owner participated
in the active management and operation of the business prior to the
business seeking HUB status; and
(10) whether and to what extent the HUB business shares
management, board members, partners, employees, or other resources
with another business in amounts or ways which might indicate that
they are related or affiliated businesses.
(b) The comptroller may request any additional information
it considers necessary to evaluate an applicant as a HUB.
(c) Qualifying owners must be able to make independent
and unilateral business decisions which guide the future and destiny
of the business, and must be proportionately responsible for the direction
and management of the business. Absentee or titular ownership by qualifying
owners who do not take an active role in controlling and participating
in the business is not consistent with the definition of a HUB.
|
