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企业组织与执照

211 道题
201. An RME may qualify only one active license at a time unless what condition is met regarding ownership?
a.The qualifier owns at least 10 percent of each firm's equity
b.There is common ownership of at least 20 percent of each firm✓
c.The qualifier owns a majority of the voting stock of one firm
d.The firms share a common qualifier and the same classification

B&P §7068.1(a) permits one person to qualify more than one active licensee only where there is common ownership of at least 20 percent of the equity of each firm, or the firms stand in a parent, subsidiary, or joint-venture relationship; §7068.1(b) then caps the total at three firms in any one-year period. (a) is the 10 percent figure from §7071.9, which decides whether a qualifier's bond is required, not how many firms may be qualified. (c) sets a majority test the statute does not use. (d) restates the problem — a shared qualifier and a shared class are what the rule restricts, not what excuses it.

B&P Code §7068.1(a)
202. When qualifying a corporation, the RMO must be listed as an officer. Which role would NOT by itself establish someone as a bona fide corporate officer for RMO purposes?
a.A field superintendent who runs the corporation's jobsites daily✓
b.The president named in the corporation's statement of information
c.The secretary named in the corporation's statement of information
d.The treasurer named in the corporation's statement of information

B&P §7065 requires a corporation's RMO to be a bona fide officer — president, vice president, secretary, or treasurer — so the three officers listed here all qualify, and only the field superintendent does not. That person may still qualify the corporation, but as an RME under §7068, which carries the 32-hour bona fide employment test rather than an officer title. The trap is assuming that running the work is what makes an RMO; for the RMO route it is the office held, and for the RME route it is the employment relationship.

B&P Code §7065 / §7068
203. A newly formed corporation seeks a license. Which personnel information must be reported to the CSLB?
a.The qualifying individual only, since the license follows the qualifier
b.The officers and directors only, with the qualifier reported separately later
c.Every person the corporation employs on its construction projects
d.The officers, directors, and qualifying individual, as personnel of record✓

B&P §7065 requires a corporate applicant to report its officers, directors, and qualifying individual; these become the personnel of record, and §7083 requires changes among them to be reported to the Registrar. (a) is the misconception that the qualifier is the license — the qualifier is one of several reportable persons. (b) splits a single disclosure into two steps the statute does not contemplate. (c) over-reads the duty: ordinary employees are not personnel of record, which is why a new hire on a crew triggers no CSLB filing.

B&P Code §7065 / §7083
204. 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✓

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.

B&P Code §7075.1(b)-(c)
205. A partnership contractor adds a new partner. What is the effect on the license?
a.No effect, because the partnership keeps the same business name
b.The new partner is simply added as a personnel-of-record change
c.The entity has changed, so notice and new licensure follow✓
d.The license is suspended until the new partner passes the examination

A license is issued to a particular partnership under B&P §7076, so adding or removing a partner creates a different legal entity: the CSLB must be notified, a new license is often required, and §7075.1 governs whether the old number may be reissued. (a) confuses the trade name with the licensee. (b) is the closest trap, because officers of a corporation genuinely are handled as personnel-of-record changes under §7083 — partners are not, because the partnership itself is the licensee. (d) invents an examination trigger; a new partner need not be a qualifier.

B&P Code §7076 / §7075.1
206. Which of these most clearly REQUIRES a contractor's license?
a.A $200 fence repair that stands complete in itself
b.A homeowner painting a bedroom in their own house
c.A neighbor stacking firewood for free next door
d.A $6,000 kitchen remodel for a paying client✓

B&P §7048(a) exempts a project only where the aggregate price for labor, materials, and all other items is under $1,000, the work is casual, minor, or inconsequential, and no building permit is required, so a $6,000 remodel for a client needs a license. (a) sits under the dollar threshold and is complete in itself — though §7048(b) would withdraw the exemption if it were one slice of a larger job. (b) is the owner working on their own property, which is not contracting for another. (c) is neither construction work nor work done for compensation. Note also §7048(c): the exemption is lost by anyone who advertises as a contractor, or who employs another person to do the work.

B&P Code §7048(a)-(b)
207. A licensed contractor's license lapses due to suspension during part of a project. Under section 7031, what risk does the contractor face regarding pay for work done while unlicensed?
a.None, because the contractor was licensed when the contract was signed
b.A civil penalty only, with the contract price still fully collectible
c.Being barred from recovering compensation for the unlicensed period✓
d.Losing only the profit margin, while costs remain recoverable

B&P §7031 requires a contractor to be duly licensed at all times during performance, and bars an action to collect compensation for work performed while unlicensed — the owner may also sue to recover everything already paid. (a) is the misconception §7031 was amended to close: licensure at signing is not enough. (b) treats the consequence as monetary discipline rather than a bar on the contract action. (d) invents a cost-versus-profit split; the bar reaches all compensation, not the margin alone.

B&P Code §7031
208. Summarizing the bonding scheme: an active licensee must carry the $25,000 license bond, and may additionally need which bonds depending on circumstances?
a.A $100,000 LLC employee bond, required of every active licensee
b.A $25,000 qualifier bond, plus a disciplinary bond after discipline✓
c.A $12,500 qualifier bond, the figure in use before 2023
d.A $15,000 disciplinary bond that replaces the standard license bond

Under B&P Code sections 7071.6, 7071.9 and 7071.8 the baseline is the $25,000 license bond. On top of it, a $25,000 bond of qualifying individual applies when the RMO or RME owns less than 10% of the entity, and a disciplinary bond of at least $25,000 may be imposed after disciplinary action (b). (a) takes a real figure out of scope: the $100,000 bond under section 7071.6.5 is required only of limited liability company licensees, for employee wage and benefit claims. (c) is the pre-2023 qualifier amount, raised to $25,000 by SB 607 on January 1, 2023. (d) carries the pre-2023 disciplinary figure and adds a second error — the disciplinary bond is filed in addition to the license bond, never in place of it.

B&P Code §7071.6
209. 某持照承包商于 3 月 2 日搬迁办公地点,直到 8 月 20 日才把法定的书面变更通知寄给注册官,早已超过法定期限。依《商业与职业法》第 7083 条,会有什么后果?
a.变更被视为自 3 月 2 日起生效,即企业实际搬离的那一天
b.迟延没有任何后果,因为变更自持照人寄出通知之日起生效
c.变更自委员会收到通知之日起生效,且迟延构成处分事由✓
d.执照自动中止,直到注册官核准新的营业地址为止

第 7083 条要求持照人在变更后 90 天内,以委员会规定的表格书面通知注册官,并为迟延通知规定了两项后果。其一,变更只自委员会总部收到书面通知之日起生效,因此在这段时间里登记记录一直是错的。其二,未在 90 天内通知本身就构成纪律处分事由。期限长并不等于可以宽松对待。

Bus. & Prof. Code §7083(a)-(c)
210. 一名持照的独资经营者成立了公司,并持有 100% 的表决权股份。她希望由公司持有执照,同时保留客户早已熟悉的那个执照号码。法律允许怎么做?
a.只需向州务卿提交公司设立文件即可,执照随之转到公司名下
b.由注册官签署一份把个人执照转让给公司的书面转让协议
c.必须重新申请,并且必然是新号码,因为号码绝不会重发给公司
d.由公司重新提出申请,自备保证金和资格人;号码可以重发✓

任何执照在任何情况下都不得转让给他人或其他实体,而公司与设立它的自然人是两个不同的法律主体,因此必须由公司以自己的名义申请,自备 25,000 美元承包商保证金、自己的资格人和工伤保险安排。「号码」则是另一回事:第 7075.1(c)(5) 条允许注册官在申请后,把号码重发给由个人持照人设立、且该人保留超过 50% 表决权的公司。向州务卿备案属于另一个机关的登记,对 CSLB 这边不产生任何效果。

Bus. & Prof. Code §7075.1(a), (c)(5); §7071.6(a)
211. 某公司在 2026 年申请执照,拟指定一名 RME 作为资格人。此人 2013 至 2016 年担任电工技工,2020 至 2025 年担任电工工头,并将每周为该公司工作 30 小时,而公司每周营业 40 小时。这份申请的情况如何?
a.两项要求都满足,八年行业经验加每周 30 小时已经绰绰有余
b.经验这一项够了,但每周 30 小时达不到「实际投入」的时数要求✓
c.两项都不满足,因为只有最近五年内取得的经验才可以计入
d.经验这一项不够,但每周 30 小时确实满足「实际投入」的要求

两个条件要分开检验。经验:需在申请前十年之内,在所申请的类别中以技工、工头、主管或承包商身份积累满四整年。2020 至 2025 年的工头经历落在这个窗口内、共五年,因此经验这一项本身是过关的。实际投入:对 RME 而言,法律定义为每周 32 小时,或企业每周营业时数的 80%,二者取其低。40 小时的 80% 是 32 小时,因此门槛就是 32 小时,每周 30 小时达不到。

Bus. & Prof. Code §7068(c)(2)(B); CSLB, Before Applying for a License
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