NEW YORK MWBE Certification and application Assistance

MWBE Certification lawyer for applications and Appeals in New York State

Navigating the Minority and Women-Owned Business Enterprise (MWBE) certification process in New York State can be challenging to say the least.

Whether you’re just starting your application or facing a denial, MJ Morley Law is here to help.

We focus on guiding minority and women-owned businesses through every step of obtaining MWBE certification—including legal representation in appeals for denied MWBE applications.

Our dedicated team provides comprehensive support to help you overcome obstacles, secure your certification, and unlock new opportunities for business growth.

What is MWBE Certification?

The MWBE certification (or M/WBE certification, or WBE certification, or MBE certification) is a designation awarded by New York State to businesses that are at least 51% owned, operated, and controlled by minority group members and/or women.

The Division of Minority and Women's Business Development  (DMWBD), which is part of Empire State Development (ESD), oversees the MWBE program in New York State.

This certification opens doors to exclusive government contracts, procurement opportunities, and valuable resources designed to promote diversity and economic growth within the state.

What are the benefits of MWBE Certification?

Access to Government Contracts: Gain eligibility for state and local government projects that have MWBE participation goals.

Increased Visibility: Be listed in the official MWBE directory used by agencies and contractors seeking MWBE partners.

Networking Opportunities: Connect with other certified businesses and agencies through events and programs.

Business Development Resources: Access training, financial assistance, and technical support to help your business grow.

Competitive Advantage: Stand out in your industry by showcasing your commitment to diversity and inclusion.

Our MWBE Certification Services

  • Eligibility Assessment

    We begin by thoroughly evaluating your business to determine eligibility for MWBE certification in New York State.

    • Ownership Verification: Confirm that your business meets the 51% ownership requirement by minority individuals and/or women.

    • Control and Management Analysis: Ensure that the qualifying owners have the necessary control over daily operations and decision-making processes.

  • Documentation Preparation

    Our team assists you in gathering and organizing all necessary documentation to support your application.

    • Financial Statements: Assist with compiling accurate and up-to-date financial records.

    • Legal Documents: Review and prepare business licenses, permits, organizational charts, and resumes.

    • Supporting Evidence: Assemble any additional materials required to demonstrate eligibility.

  • Application Submission

    We handle the entire application process on your behalf, minimizing errors and delays.

    • Form Completion: Accurately complete all required forms with attention to detail.

    • Timely Submission: Ensure your application is submitted promptly to the appropriate certifying agency.

    • Communication Management: Act as your liaison with the agency, responding to any inquiries or requests for additional information.

  • MWBE Appeal and Denial Representation

    If your MWBE application has been denied, our legal team will represent you in the appeals process.

    • Denial Analysis: Review the reasons for denial to identify areas for appeal, decide if we will do a written appeal or opt for a hearing.

    • Strategic Planning: Develop a compelling argument addressing the certifying agency’s concerns.

    • Appeal Documentation: Prepare and submit all necessary appeal documents.

    • Hearing Representation: Advocate on your behalf during hearings or meetings with the agency.

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MWBE Project in New York

Understanding the MWBE Certification Process

Step 1: Eligibility Requirements

To qualify for MWBE certification in New York State, your business must meet specific criteria:

1. Majority Ownership and Control

• Minority-Owned Business Enterprise (MBE):

• At least 51% owned, operated, and controlled by one or more minority individuals.

• Eligible minority groups include Black or African American, Hispanic or Latino, Asian-Pacific, Asian-Indian Subcontinent, Native American, or Alaska Native.

• Women-Owned Business Enterprise (WBE):

• At least 51% owned, operated, and controlled by one or more women who are U.S. citizens or permanent residents.

2. Personal Net Worth Limitation

• Each qualifying owner must have a personal net worth of no more than $15 million, excluding:

• Their primary residence.

• Ownership interest in the applicant business.

• Up to $750,000 in retirement accounts.

• Ownership in a holding company solely for leasing equipment to the applicant firm.

3. Small Business Criteria

• The business must have 300 or fewer employees, calculated based on the average over the past four quarters.

4. Independent and Active Business

• Must operate independently and not be merely a branch or division of another company.

• Generally should have been in operation for at least one year.

5. Authorized to Operate in New York State

• Must have the legal authorization to conduct business within New York State.

How MJ Morley Law Assists with Eligibility: Understanding and meeting these qualifications can be complex. MJ Morley Law provides guidance to ensure that:

• Ownership and Control Documentation is accurately represented and verifiable.

• Personal Net Worth Calculations are correctly assessed, considering allowable exclusions.

• Business Size and Independence criteria are thoroughly reviewed and documented.

• Legal Authorization requirements are fulfilled, including assistance with obtaining any necessary state approvals.

Step 2: Documentation Gathering

Collect essential documents, including:

• Business Formation Documents: Articles of incorporation, partnership agreements, etc.

• Proof of Ownership: Stock certificates, capital contribution records.

• Financial Records: Tax returns, balance sheets, income statements.

• Resumes and IDs: For all qualifying owners.

Step 3: Application Submission

• Complete Application Forms: Fill out the New York State MWBE certification application accurately.

• Attach Supporting Documents: Ensure all required documents are included.

• Submit to Certifying Agency: Send your application to the appropriate state agency.

Step 4: Application Review

• Agency Evaluation: The certifying agency reviews your application and documents.

• Requests for Additional Information: Respond promptly to any inquiries. They will make inquiries. We can almost guarantee it!

• Site Visit (if applicable): Be prepared for an on-site evaluation or a phone interview.

Step 5: Certification Decision

• Approval: Receive your MWBE certification and start leveraging new opportunities.

• Denial: If denied, understand the reasons and consider appealing the decision.

Step 6: MWBE Appeals Process (if necessary)

• File an Appeal: Decide whether you would like to submit a written appeal or attend a hearing. Once decided, submit a formal appeal to the DMWBD within the specified timeframe.

• Legal Representation: Our team will represent you throughout the process.

• Final Decision: Await the outcome of the appeal.

MWBE CERTIFICATION FAQ

  • MWBE certification stands for Minority and Women-Owned Business Enterprise certification. Businesses that are at least 51% owned, operated, and controlled by minority individuals and/or women are eligible in New York State.

  • The process typically takes several weeks to several months, depending on the completeness of your application and the certifying agency’s workload. Our team works to expedite your application by ensuring all documents are accurate and submitted promptly.

  • Required documents include business formation documents, proof of ownership, financial records, resumes, and identification for qualifying owners, among others. We provide a comprehensive checklist to ensure you have everything needed.

  • Yes, we specialize in handling appeals for denied MWBE certification applications. We’ll analyze the reasons for denial and develop a strategic plan to address the issues and strengthen your case.

  • We offer competitive pricing for our MWBE certification assistance and appeals services. Please contact us for a detailed quote tailored to your specific needs. We operate in phases and you will not receive an unexpected legal bill from us.