N.J. Admin. Code § 17:47-1.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:47-1.4 - Certification procedures for LGBTQ+ businesses

(a) The documentation required for first-time applicants seeking certification may be abbreviated. The documentation requirements in this subsection only apply to first-time applicants for certification.

1. A first-time applicant for certification as an LGBTQ+ business must submit documentation necessary to determine the applicant's eligibility for certification.

2. The Division shall prepare a New Jersey Uniform Certification Application. The application shall be an online application available from the Division website. A business seeking to be certified as an LGBTQ+ business must be registered to do business in New Jersey at http://www.state.nj.us/treasury/revenue/gettingregistered.shtml.

3. The information submitted in support of an application shall include, but not be limited to:

i. The names and addresses of the owner, partners, or shareholders, as applicable, and their representative shares of ownership;

ii. The names and addresses of members of the board of directors, in the case of corporations; iii. The names and addresses of the officers of the business;

iv. The number of shares of stock issued and outstanding, in the case of a corporation;

v. The articles of incorporation, bylaws, partnership agreements, or joint venture agreements, as applicable;

vi. Organizational charts;

vii. The certificate of birth, or motor vehicle driver's license, passport, or other acceptable form of identification of the owners, partners, shareholders, or in the case of corporations, members of the board of directors, as applicable to the applicant entity; and

viii. An affidavit, signed by the individual seeking certification, certifying that the signer owns the business and identifies as LGBTQ+. In the case of a business with multiple owners, a single affidavit certifying that at least 51 percent of ownership identifies as LGBTQ+ shall be sufficient.

4. A first time applicant's certification shall be provisional and shall be operative for one year from the date of approval.

(b) Following a provisional/initial certification year, pursuant to (a) above, a business shall reapply for certification no later than 20 days prior to the expiration of the business's current certification, and not earlier than 60 days prior to the expiration of such certification.

1. The Division shall prepare an application form for recertification. The application shall be an online application available from the Division website. A business seeking to be certified as an LGBTQ+ business shall first register at http://www.state.nj.us/treasury/revenue/gettingregistered.shtml.

2. As part of its recertification application to the Division, a business shall provide all required information and documents requested in the recertification, which may include, but not be limited to, the following, in addition to the information required at (a)3 above:

i. Place of business;

ii. Names and addresses of the officers of the business;

iii. Names and addresses of capital investors and the amount of capital contributed. Gifted ownership shall not be considered;

iv. Personal and corporate tax returns for each owner, director, and officer of the business for the past three consecutive years (including W2s);

v. The bonding capacity and history of the business;

vi. The affiliation of the business or any of its owners, officers, or directors with any other business entity;

vii. A current organizational chart;

viii. A representative list of current and prior clients for the past two years, where applicable;

ix. A complete list of major real and personal property holdings of the business;

x. A complete disclosure of financial statements and balance sheets;

xi. A complete listing of banking institutions with which the business is affiliated;

xii. A complete listing of previously attained certifications and a listing of all legal entities that denied certification; and

xiii. Copies of office/warehouse, lease/rental agreements, and/or deeds, and mortgages, when homebased.

3. A business shall submit a completed application.

4. Upon approval or an application, a certificate issued pursuant to this subsection shall be valid for five years, subject to annual verification that there has been no change in status.

i. Every five years thereafter, but no later than 20 days prior to the expiration of the business's current certification, and not earlier than 60 days prior to the expiration of such certification, a business interested in remaining certified as an LGBTQ+ business shall comply with the certification procedures in this subsection.

5. An applicant shall fully and accurately complete all relevant parts of the Uniform Certification Application. Failure to complete an application may result in denial.

6. Annually, the business must submit, not more than 20 days prior to the anniversary of the certification, an annual Certification Verification Statement, in which it shall attest that there is no change in the ownership, control, or any other factor of the business affecting eligibility for certification as an LGBTQ+ business.

i. If the business fails to submit the annual Certification Verification Statement by the anniversary date, the certification will lapse and the business will be removed from the SAVI, which lists certified LGBTQ+ businesses. If the business seeks to be certified, it will have to reapply.

ii. If the business submits the annual Certification Verification Statement by the anniversary date, but either the Certification Verification Statement or other information received by the Division indicates that the business is no longer eligible for certification as an LGBTQ+ business, the Division shall revoke the certification pursuant to this section and, following revocation, the business shall be removed from the SAVI. The business may appeal this revocation, pursuant to the procedures at N.J.A.C. 17:47-1.8(d).

(c) Grounds for denial shall be as follows:

1. In the event that the Division, after reviewing the application, requests additional information or documentation that is necessary to make a determination, the applicant's failure to comply with the request within 30 days of the request will result in denial; and

2. If the applicant knowingly supplies incorrect, incomplete, or inaccurate information, the applicant shall be disqualified under these procedures and barred from reapplying for certification for a period of 18 months from the date of notice of disqualification. An applicant who knowingly provides such incorrect, incomplete, or inaccurate information may also be subject to other sanctions, provided for by other State agencies or departments, the Attorney General, or other enforcement agencies.

N.J. Admin. Code § 17:47-1.4

Adopted by 55 N.J.R. 493(a), effective 3/6/2023