Business & LicensingQuestion 1430 of 1632

The contractor's license bond and the bond of qualifying individual are two separate bonds. When is the bond of qualifying individual required?

a.For every license, in addition to the $25,000 license bond
b.Whenever the qualifier owns less than 20 percent of the equity
c.When the qualifier owns under 10 percent of the voting equity
d.Only when the qualifier is an employee rather than an officer

Explanation

B&P §7071.9 requires a $25,000 qualifying individual's bond, and excuses it where an RMO owns 10 percent or more of the corporation's voting stock, or the LLC's qualifier holds at least a 10 percent membership interest. (a) ignores that exemption, which is the whole content of the section. (b) swaps in the 20 percent figure, which belongs to §7068.1's common-ownership test for qualifying more than one firm. (d) is close enough to trap: an RME will in practice almost always need the bond, but the statute turns on the ownership percentage, not on the officer-versus-employee label.

Law Reference: B&P Code §7071.9

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