企业组织与执照
211 道题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)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 / §7068B&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 / §7083B&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)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 / §7075.1B&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)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 §7031Under 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)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)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