Business & LicensingQuestion 434 of 1632

A husband and wife want to operate a contracting business together and share equal responsibility. Which entity structures are available to them under §7065?

a.A sole proprietorship only, with the spouse as an employee
b.A partnership, a corporation, or a limited liability company
c.A corporation only, since two owners require incorporation
d.A joint revocable trust holding the license for both spouses

Explanation

A contractor's license may be issued to a sole proprietor, a partnership, a corporation, a limited liability company, or a joint venture, so two people sharing ownership may use a partnership, a corporation, or an LLC. (a) is a real and lawful arrangement, but it gives one spouse the license and the other the status of employee, which is not the equal responsibility the question asks about. (c) invents a rule that co-ownership requires a corporation. (d) fails because a trust is not among the entity forms that may hold a license.

Law Reference: Bus. & Prof. Code §7065

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