Business & LicensingQuestion 522 of 1632

Maria, a sole proprietor licensed contractor, wants to do business under the name "Bay Area Premier Builders." What do the contractor-licensing rules require of that name?

a.She must form an LLC before she may use any trade name at all
b.A fictitious business name statement filed with the county is enough
c.The name must be carried on her license, and one license carries one name
d.Only corporations and LLCs must report a business name to the Registrar

Explanation

§7059.1(b) allows a licensee to conduct business under only one name for each license, and §7059.1(a) bars a name that suggests classifications the license does not hold or a business form it is not; the name Maria contracts under must therefore be the name on the license. §7083(a) is how it gets there: a change to information recorded on the license, business name expressly included, must be reported to the registrar in writing within 90 days, and §7083(c) makes failing to do so a ground for discipline. (b) is the trap — a county fictitious-business-name filing satisfies the county, not the board, and both may be needed. (a) confuses trade names with entity type, and (d) invents an exemption for sole proprietors that §7083 does not give.

Law Reference: Bus. & Prof. Code §7059.1(a)-(b); §7083(a), (c)

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