Assembly Commerce and Economic Development Committee Statement to Assembly, No. 5062 (May 18, 2023)
Summary
The Assembly Commerce and Economic Development Committee, in a statement dated May 18, 2023, reports favorably Assembly Bill No. 5062. The bill requires that the statutory definitions of women's business enterprise include businesses owned, in whole or in part, by an irrevocable trust of which the majority of beneficiaries or trustees are women. It states that under current law a women's business enterprise is interpreted as requiring direct ownership by a woman or women. The bill also waives any waiting period before re-application by an enterprise previously denied certification or re-certification as a women-owned business that would now qualify. As reported, the bill is identical to Senate Bill No. 3013.
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Cite this document
“Assembly Commerce and Economic Development Committee Statement to Assembly, No. 5062 (May 18, 2023).”
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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
COMMITTEE
STATEMENT TO
ASSEMBLY, No. 5062
STATE OF NEW JERSEY
DATED: MAY 18, 2023
The Assembly Commerce and Economic Development Committee
reports favorably Assembly Bill No. 5062.
This bill requires that the various statutory definitions of women’s
business enterprise include businesses owned, in whole or in part, by
an irrevocable trust of which the majority of beneficiaries or trustees
are women.
Under current law, a women’s business enterprise is interpreted as
requiring direct ownership by a woman or women. A women’s
business enterprise is generally defined as a business that has its
principal place of business in this State, is independently owned and
operated, and is:
(1) a sole proprietorship owned and controlled by a woman;
(2) a partnership or joint venture owned and controlled by women
in which at least 51 percent of the ownership is held by women and the
management and daily business operations of which are controlled by
one or more women who own it; or
(3) a corporation or other entity whose management and daily
business operations are controlled by one or more women who own it,
and which is at least 51 percent owned by women, or if stock is issued,
at least 51 percent of the stock is owned by one or more women.
This bill supplements the various definitions to include a business
that has its principal place of business in this State and is owned, in
whole or in part, by an irrevocable trust of which the majority of
trustees and beneficiaries are women. This addition would
accommodate indirect women ownership of the business through an
irrevocable trust, an estate planning tool often utilized to preserve
family ownership of a business over the course of multiple
generations.
This bill also waives any waiting period prior to re-application by
any enterprise which previously had been denied certification or re-
certification as a women-owned business that would now qualify for
such status.
As reported by the committee, this bill is identical to Senate Bill
No. 3013, which was also reported by the committee on this date.
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