CA Liscense Question - Contractor Talk - Professional Construction and Remodeling Forum

mjenkins144 · 08-04-2009, 04:16 PM

We are in the process of forming a CA Corp. I am the qualifier for the license. Two of the would be officers have misdemeanor convictions. One has two DUIs, one of them less then a year old. The other has a DUI in 2006 and other gun and drug charges around 1992.

Do these two individuals have to be listed on the license since they are officers of the corporation? If so, since they are not the qualifiers do they need to disclose this information? Will it affect us getting the license? We are still at a point where they could be taken off as officers if necessary (the corp has not yet been filed).

License Guru · 08-05-2009, 11:55 PM

Welcome to CT!

The simple answer to all of your questions is Yes... and No.

The State looks at the severity of the offense and length of time since the offense.

Do these two individuals have to be listed on the license since they are officers of the corporation? No, but whoever is listed on the license app as an officer must be listed as an officer with the Secretary of State. That person can hold all officer positions on the license (Pres/Sect/Tres).

If so, since they are not the qualifiers do they need to disclose this information? If they are listed on the license app, they must disclose any criminal history. All persons listed on the app will have to be fingerprinted.

Will it affect us getting the license? If the CSLB deems the offenses to be acceptable then the end result will just be more time in completing the application process. If any one is rejected because of a criminal background check then the app will be rejected and you will have to re-apply without that person listed on the application.

The dui's, as far as I know, have never been a reason to reject a license app. But since one of them was less than a year ago... that may be a problem. Unfortunately there is no way of knowing for sure how the CSLB will rule. Combine the dui in 06 and the gun/drug charges in 92 and... ??

My advice..... if you, the qualifier, have no criminal history, I would suggest you apply as the sole officer. After the license is issued, the other officers apply to be added on the license. If they are rejected after fingerprinting and history review... you lose nothing.

I hope this helps. You'll probably have more questions... so fire away.

mjenkins144 · 08-06-2009, 12:12 PM

Phil, thanks for the reply.

My advice..... if you, the qualifier, have no criminal history, I would suggest you apply as the sole officer. After the license is issued, the other officers apply to be added on the license. If they are rejected after fingerprinting and history review... you lose nothing.

If i understand you correctly all three of us can be officers of the corporation and I do not have to list the other two on the contractors license.

Not all officers have to be listed on the contractors license? After reading this application I was under the impression that all officers had to be listed. As far as we are concerned I am the only one who needs to be listed on the license.

License Guru · 08-06-2009, 12:20 PM

Quote:

If i understand you correctly all three of us can be officers of the corporation and I do not have to list the other two on the contractors license.

Not all officers have to be listed on the contractors license? After reading this application I was under the impression that all officers had to be listed. As far as we are concerned I am the only one who needs to be listed on the license.

That is correct. You can have officers listed with the Secretary of States office that are not listed on the CSLB license.

You can apply for a license as the sole officer and hold all three titles of pres/sect/tres.

What title will you be listed as with the Sect of State?

License Guru · 08-06-2009, 12:53 PM

I just want to clarify that you will need to show that you are CEO with the Sect of State.

mjenkins144 · 08-06-2009, 02:13 PM

I will be the Pres/CEO, Sec, and Tres., the other two are both VPs.

License Guru · 08-06-2009, 04:13 PM

That's perfect!

Let me know if I can help with the app/doc prep. I also have study materials and I do bonding as well.

Just click on my name below for more info.

p.s. I'll be out of the office from 8/8 - 8/12.