Title 9 Part 4026

No horse may race unless the entire management and control of its racing activities, and financial responsibility therefor, are held by a registered managing owner registered with The Jockey Club. A managing owner may be either an individual or a racing partnership, registered for such purpose with The Jockey Club. A racing partnership may consist of only general partners, not to exceed four, each of whom shall own not less than a 25-percent partnership interest, and one of whom shall be designated as the managing partner under whose name or stable name the partnership's horses race, who is entitled to be credited with winnings on behalf of the partnership and who is responsible for complying with the filing, registration and licensing requirements of these rules. The managing owner of a horse shall be established either by registered ownership, registered written lease (or written notice thereof), or registered written designation as such, by the owner. The managing owner shall be responsible for all racing affairs of the horse, including the proper registration of the horse and its ownership, and all changes thereto.

The name of the programmed owner of a horse in a race shall be either the name of the managing owner, if an individual, or, if a racing partnership, the name of the managing partner followed by the words as lessee or by designation, if either term applies. Should an individual register a stable name, such individual’s real name may not be listed as managing owner. Nothing in these rules shall relieve any person of any statutory obligations related to business filings and recordings with public officials, or rights or limitations incident thereto.

A managing owner established by ownership shall register such ownership with The Jockey Club. A managing owner established by lease or designation shall register such lease or designation, executed by both the lessor or designating owner and the managing owner, with The Jockey Club.

All individuals in the managing ownership of a horse must be licensed before such horse is entered or starts, unless for good cause the commission or State steward waives such requirement for a race. In no event, however, may a horse start if the license of any individual in such horse’s present or former managing ownership has been denied, suspended or revoked until such time as the commission is satisfied that any withdrawal of such individual or transfer of such individual’s entire interest is in good faith.

Should the same individual be present in the managing ownership of two or more horses in a race, all such horses shall be coupled as an entry.

Only managing owners of horses to race at the meeting shall be entitled to track credentials as owners, including paddock and backstretch privileges.

No horse shall be entered or started by such horse’s managing owner that is owned by 35 or less owners, unless all of the owners are licensed, or, if owned by more than 35 owners, unless each individual having a three percent or greater property interest is licensed as an owner by the commission. In addition, each such owner that is not an individual must be registered and licensed with the commission, and all such entity’s officers, directors, trustees or other managing individuals must be licensed by the commission unless otherwise directed by the commission. The commission may also require any other individual involved in ownership to be licensed at any time it may deem desirable. The commission or the State steward, for good cause, may waive any of such requirements for a race. In no event, however, may a horse start, if the license of any such individual has been denied, suspended or revoked, until the commission is satisfied that any withdrawal of such individual or transfer of such individual’s interest is in good faith.

Should the same individual or legal entity required to be disclosed and registered as a nonmanaging owner for a horse be present in the ownership (including the managing ownership) of another horse or horses in a race, to the extent that there is a 25 percent commonality in ownership between any two of such horses, all such horses shall be coupled as an entry. In addition, the stewards may require the coupling of horses having a lesser degree of common ownership where the stewards deem it desirable in the public interest.

All statements of partnerships, of sales with contingencies, of leases of designation of managing owner, or of arrangements, shall declare the name of the managing owner; or when a partnership is the managing owner, the name of the managing partner who shall be the only person to whom winnings are payable (which must be the name of the nominator), in whose name the horse will run and with whom rests the power of entry.

If any agreement of partnership, sale with contingencies, lease, designation of managing owner or other arrangement required to be filed with The Jockey Club would have the effect of deceiving or improperly misleading the public as to the identity of the persons holding an interest in a horse, or would otherwise be contrary to the best interest of racing, The Jockey Club shall notify the commission, which shall consider the matter and take such action with respect thereto as it deems appropriate.

In cases of emergency, authority to sign declarations of partnerships may be given to The Jockey Club by printable electronic means so long as such notice is given before the race. Such notice shall be promptly confirmed in writing within 48 hours.

After a horse is drawn into a race, there shall be no transfer nor assignment of any ownership interest in such horse until after such race or until such horse is scratched from such race, if sooner. No member of a partnership that owns a horse, leases the racing qualities of a horse, or is designated a managing owner for a horse shall assign his or her share or any part of or interest in it without the written consent of the other partners being filed with The Jockey Club. No assignment of an interest in a partnership which, by ownership or lease, controls the racing qualities of a horse, shall be accepted if the effect of the assignment would be to create a partnership that would not qualify for filing under the terms of section 4026.2 of this Part.

No individual shall race a horse under a stable name unless such stable name is currently registered by such individual with The Jockey Club. When, in the opinion of The Jockey Club, the use of a name required to be registered with it would deceive or improperly mislead the public, or would otherwise be contrary to the best interests of racing, it shall so notify the commission, which shall take such action as it deems appropriate.

An individual cannot have registered more than one stable name at the same time and, so long as such individual has a stable name registered, he or she shall not use or permit the use of his of her real name to identify his or her ownership interest in the racing qualities of any horse.

A partnership that, by ownership, designation or lease, controls the racing qualities of a horse shall race such horse under the name, real or stable, of a member of the partnership whose proportionate interest in the horse meets the requirements of section 4025.10(a) of this Article, and who has been designated as the managing partner. All horses, the racing qualities of which are controlled by a given partnership, shall be raced under the same name.

A stable name may be changed at any time by registering a new stable name.

An individual cannot register as a stable name one that has been already registered, is the name of a race horse, or is the real name of an owner of race horses other than such individual himself or herself.

Any individual who has registered a stable name may at any time abandon it by giving written notice at the office of The Jockey Club and also to the racing secretary's office; and notice of such abandonment shall be published in the racing calendar, after which all entries that have been made in such stable name shall be altered as may be appropriate.

No licensed trainer of race horses shall register a stable name; but a partnership of which such a trainer is a member may use the stable name of another member, provided that the use of such other member's stable name is authorized by this Article.

Provided the identity of the horse is satisfactorily established, incorrect or imperfect description in the entry of a horse or failure to register a partnership may be corrected at any time before the horse is announced as a starter and his number exhibited for the race concerned, or in a handicap before the weights are announced; but this section shall not be construed so as to allow any horse to start in any race for which he is not otherwise completely qualified under this Article.