Business & LicensingQuestion 1461 of 1632

When the Registrar reissues an existing license number to a successor business, what does §7075.1 require?

a.That the successor apply in a different license classification
b.That the successor be formed outside California as a foreign entity
c.That the number have sat unused for at least five years first
d.Continuity of ownership or personnel with the old entity

Explanation

B&P §7075.1(b) allows reissuance where the entity is unchanged, and §7075.1(c) allows reissuance to a different entity only in listed situations, each of which is a continuity case: a parent and subsidiary merger or creation, a change between domestic and foreign filing status where the new entity continues the business, family succession on a licensee's death or absence, a corporation or LLC formed by an individual licensee who keeps more than 50 percent of the voting power, and an LLC formed by a corporation with the same listed personnel. (a) has it backwards, since a new classification needs its own qualification. (b) picks one fact pattern out of §7075.1(c)(1) and makes it a requirement. (c) imports the §7141 five-year renewal window, which is about reviving a license rather than moving a number.

Law Reference: B&P Code §7075.1(b)-(c)

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