Capitol Connection #1055
Like landing a plane a hopeful new Qualifier gets the ‘waive’ off before crashing in this first ‘test’ question. Getting a new license, and an exam waiver has been a frequent inquiry, but like all rules, there is almost always an exception, including those specifically for LLC’s as we are reminded here…
Q: In 2014 you helped one of our Officers replace the former owner of the company when he retired and he was able to Waive the exam based on his years of experience with the company. Now he wants to obtain his own license and so I have been designated to be the new Responsible Managing Officer (RMO). I have been with my company for over 15 years with various positions; Foreman, Supervisor, Project Manager, Estimator, and now hold the title of Vice President. Can you assist me with the process of replacing the current RMO and asking for a Waiver of the Exams like you did for the current Qualifier a couple of years ago?
A: Yes and no. Let me clarify. We would be happy to assist you with the process of replacing your current Qualifier. It sounds like you have the requisite experience. Your current RMO requested a Waiver based on B&P Code Section 7065.1c, which allows for a Waiver of the Exam if you have worked for the company in a supervisory capacity for five out of the last seven years. Unfortunately, you will not qualify for the same Waiver of the Exams because 7065.1c further states that a company cannot make this request if they have requested a Waiver under that subdivision within the past five years.
Q: We are going to be applying for a Limited Liability Company (LLC) license using an individual who was previously licensed three years ago. Will the license only show her name, or will all the partners’ names also show on the license?
A: First of all, the license is issued in the name of the LLC as registered with the California Secretary of State.
In order to obtain an LLC Contractor’s License, you will be required to register the LLC with the CA Secretary of State. In addition, you must file a Statement of Information with the Secretary of State within 90 days of your Registration. The Statement of Information must list any Manager(s) appointed, or if no Managers have been elected or appointed, each member of the LLC. The personnel you list on the Statement of Information is the same personnel you must list on your contractor’s license application, which in turn will be reflected as personnel on your Contractor’s License. So, as long as the Partners are listed on the Statement of Information, they will also be listed, and have signing authority, for the LLC Contractor’s License.
Capitol Connection Q&A for Contractors
By Shauna Krause, President, Capitol Services, Inc.
While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email firstname.lastname@example.org, or write us at Capitol Services, Inc., 1225 8th St. Ste. 500, Sacramento, CA 95814. Research past columns at www.cutredtape.com.