How to Request a Waiver of the One-Year-in-Business Requirement for NYS MWBE Certification

If you are a company that may qualify for a waiver of the one year in business requirement (typically licensed professionals going into business for themselves who can meet all the qualifications, are generating revenue, etc, but haven't been in business for a full year), here are updated guidelines from the ESD Certification Help Desk on how to make that request and what's required as support documentation:

A one year waiver for a business entity requires the following documentation before it can be forwarded to the Executive Director for final approval:

1. A letter requesting the one year waiver for the business entity in question to the NYS ESD Division of Minority and Woman Business Development explaining the services or products you provided leading up to the start of your new company;

2. The majority owner(s) current resume(s) typically listing training, and dates of employment history with brief explanation of role and responsibilities;

3. If applicable, any relevant license or certification or training that indicates your training and experience in the field or industry that your new business occupies or may require;

4. Proof of revenue generated by your new business entity. This simply means that you must have been able to sell your products or services and have received payment for those services under the auspice of your new company. There is no limit to the dollar amount of activity; only that you have been able to sell your services as this company.
Accompany this with your billing invoices or executed contract(s) for service and proof of payment for those services by attaching copies of front & back of cancelled checks for payment or the bank entry for the deposit of such payment;

5. If your business is located outside of New York State, you must also be registered with the NYS Department of State for authority to do business in NYS. Applications available at http://www.dos.ny.gov/corps/. If you are operating as a Sole Proprietor, then please provide a copy of your current Business Certificate filed with at your County Clerk’s Office.

6. Only for LLC entities: If your business happens to also be an LLC entity, then you must also provide proof of publication for your LLC in New York State. Applications available at http://www.dos.ny.gov/forms/corporations/1708-f-l.pdf for NYS firms and at http://www.dos.ny.gov/forms/corporations/1707-f-l.pdf for out-of –state firms.

You may attach your waiver request letter along with all supporting documents in a return email to Bette Yee, Director of Certification, Division of Minority and Women Business Development, Bette.Yee@esd.ny.gov; or to Raymond Emanuel, Director of Certification Operations, Division of Minority and Women Business Development, Raymond.Emanuel@esd.ny.gov

Please feel free to contact the MWBE Division at 212-803-2414, if you should need further assistance.