Suspense for JV Members, LLC Officer Reporting and Worker Comp Requirement in Hiring

We start by helping a former contractor make what’s old new again! Are reminded of the Beatles song, ‘Nowhere Man’ with an LLC question and take a ‘cut’ at answering a “C-27”.  Our last contractor learns to his horror that he has no place to ‘stand’ after a license is allowed to die…

Q:  I was licensed from 1990 thru 2003.  I got out of the contracting business and I have been running another business since 2003.  I want to get my license back now, I don’t remember if I cancelled it or just let it expire, but it was always in good standing.  My understanding from reading the CSLB’s website is that I will not need to show recent experience since I have held the license in the past.  Can you please confirm that?  Also, is it possible to get my old license number back?

A:  You will not need to document recent experience if you were licensed in the same category in the past.  You will be required to re-take the law and trade exams since your license has been expired for over five years.  I looked up your license and since it’s a Sole Proprietor license, you can request the old number be re-issued.

Q:  We are applying for a Limited Liability Company (LLC) Contractor’s License.  I can see from the forms that we must list at least one Member or Manager with the Secretary of State and a CEO if one is elected.  If the LLC elects Officers at some point in the future, are they required to notify the Secretary of State and the CSLB?

A:  The LLC is not required to notify the Secretary of State of Officers, and in fact, besides the CEO box you mentioned, there is nowhere to list LLC Officers with the Secretary of State.  The CSLB does allow you to add Officers to an LLC License, so whether you update the Officers with the CSLB is up to you.

Q:  You are currently helping me obtain my “C-27” (Landscape) license.  I have taken on several new accounts recently and I have been leasing employees from a staffing company, but I’m now realizing it would be much cheaper for me to hire employees and get Worker’s Comp.  Do I need to have the policy in place prior to you submitting the license application?

A:  No, you don’t.  We can submit the license application and your proof of Worker’s Compensation Insurance can follow once you are issued an application fee number.

Q:  Our company license recently expired, and we don’t have any current jobs in progress so we weren’t too worried about it.  However, we also have a Joint Venture license with another company and we have ongoing projects under the JV license.  We are listed on the contract however our JV partner is doing all the work.  Is the Joint Venture still active?

A:  No, the Joint Venture license goes Suspended when either entity’s license is not in “good standing.”