Q. Why be certified?  How will it help me?

New York State Certification affords your business the opportunity to be listed in the Directory of Certified Minority and Women-Owned Business Enterprises, which is used by state agencies and contractors statewide.  Because state government has been mandated by the Governor and Legislature to provide greater opportunity for participation by Minority and Women’s Business Enterprises (M/WBEs) in state contracting, certification gives business owners an advantage when marketing goods and/or services to state agencies and authorities.

Q. Who is eligible for Certification?

An on-going independent business owned, operated and controlled by minority group members and/or women is eligible.  The ownership interest must be real, substantial and continuing.  The ownership interest must have and exercise the authority to independently control the business decisions of the enterprise. 

Q.  What minority groups are recognized by New York State for certification?

• A business enterprise in which at least fity-one percent (51%) is owned by citizens or permanent resident aliens who are:

• Black persons having origins in any of the Black African racial groups;
• Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American descent of either Indian or Hispanic origin, regardless of race;
• Asian and Pacific Islander persons having origins in any of the Far East countries, Southeast Asia, the Indian subcontinent or the Pacific Islands; or
• Native American or Alaskan Native persons having origins in any of the original peoples of North America.

Q.  What is recognized as a woman-owned business by New York State?

Fifty-one percent (51%) owned by citizens or permanent resident aliens who are women.

Q. How does the Certification process work?

Here is the process:

1.  Complete the Certification Application and attach all required supporting documents.

2.  Submit the entire package to:

If located in New York City, Long Island or New Jersey:

  Empire State Development
  Division of Minority and Women’s Business Development
  633 Third Avenue
  New York, NY 10017

If located in any other part of New York State or any other out-of-state firm:

  Empire State Development
  Division of Minority and Women’s Business Development
  30 S. Pearl Street, 2nd Floor
  Albany, NY 12245

3. Once received, it will be reviewed for completeness.  If you failed to provide the requested supporting documents, your application could be returned to you.

4.  An audit of the application will be conducted by an analyst, followed by an interview and/or site visit.

5.  A final determination will be made that results in a letter granting or denying certification.

Q. How many years do I have to be in business to apply for certification?

A business is normally required to be in business for one year.  Some exceptions can be made on a case by case basis.  Sufficient documentation is required in order to provide enough information regarding ownership, operation and control of the business.

Q.  Certification – What happens after I become certified?

You will receive a certification letter.  Your business and name will be listed in our Statewide MBE/WBE Certification Directory.  The Directory is used by anyone that wishes to identify businesses that have been certified by New York State.  This includes prime contractors, vendors, municipalities, sub-contractors, the private sector and , for the most part, anyone that is actively attempting to increase or engage in the utilization of M/WBEs that have been screened and are sanctioned by New York State as M/WBEs.

Q. How can I increase my business opportunities once I have been certified?

The first thing you need to do is realize that certification as a woman or minority-
Owned business will only work for you if you use it.  It is not a passive exercise, you need to integrate it into your overall marketing plan and use it to gain access to business opportunities with New York State agencies and authorities.  Successfully identifying business opportunities will start and end with the State agency most likely to use your products and/or services.

Q. What happens if I am denied certification?  What are the reasons for denial and is there a  process that I can take if denied?

The reasons may vary.  Normally they revolve around whether the applicant was successfully able to demonstrate their ownership, operation and control of the business.  If you are denied, you will be afforded the opportunity to request a written appeal or an oral hearing and present what evidence you have to an independent Hearing Officer.  At the conclusion of the hearing or review of the case (if a written appeal is chosen), the Administrative Law Judge provides their findings to the Director of the DMWBD, who in turn, issues a final order.  Denial of certification does not mean that you are not a minority or woman-owned business.  It does mean however, that you were unsuccessful in meeting the criteria established in Article 15-A.  If a firm is denied certification, they may not reapply for two full years from the date of the original notification of denial of certification, provided, however, that if the facts and circumstances forming the basis of the denial decision have changed significantly, the applicant may reapply sooner.

Q. If I provide professional services, do I need to be registered as a professional corporation?

Yes, if you wish to provide professional services as a corporation.  If you wish to provide them as an individual, you must present your New York State license to provide those services.

Q. My business is not from New York State, am I still eligible?

Yes, you are eligible.  However, in order to apply, you must obtain a certificate of Authority to do business in New York State.  This is available through the New York State Department of State (www.dos.state.ny.us). You should also be certified in your home state, if a similar process exists, before applying to New York State.

Q. The certification letter seems to suggest that I may have to re-apply after three years.  Is that true?

No, you do not have to re-apply in three years.  However, you must respond to the Verification requests sent out by this office and any requests for substantiating documentation.