“Control” Is Based on the What the Governing Documents Say, Not How the Owners Act

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As businesses grow and change over time, practical aspects of their internal governance often change as well. If the owners’ day-to-day practices gradually diverge from their originally agreed upon approaches, it can be easy to forget the governing documents and what they say. Owners of small business contractors, however, do so at their peril. As the recent Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in Potomac River Group, LLC, SBA No. SIZ-5689 (October 21, 2015) makes clear, in the context of determining size status, what a concern’s governing documents say is much more important …read more

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