Entity SOS Registration, RMO Percent and NV Requirement

By Shauna Krause, President, Capitol Services, Inc.

One contractor is ‘betting’ on a qualifier to work in Nevada, while another needs to cover his ‘base’ on short notice. I offer expert help to them and look forward to hearing what rule, regulation or change you need assistance on. First, let’s throw a lifesaver for an ‘SOS’…

Q: Our qualifier is retiring soon. How quickly can we sub someone in assuming he/she has all the experience qualifications but still needs to take a test and file paperwork? And how does that timing compare with substituting in an already licensed individual?

A: For the individual who needs to sit for the exams, the timing depends on when they take the test. It will take about four weeks, possibly sooner, for the CSLB to review the application, and from there, it is up to the applicant to schedule the exams. They are given 18 months, so you can see the timing greatly depends on whether they get in for the test right away or take months. For an already licensed individual, the replacement process usually takes about four weeks or less right now.

Q: My Son and I are going into business for ourselves. We are going to be a S-corporation and will have a Responsible Managing Officer (RMO) be our license holder. The business ownership structure will be split 40-40-20. My understanding is the qualifier is required to be at least 20% owner in order to keep his separate license. The qualifier has an “A” General and Hazardous Substance Removal certification. I was wondering if both can be used for our business? Also was wondering if I can also use the License in Nevada?

A: You can definitely use both of the RMO’s qualifications for your new business. You cannot automatically use your CA license in NV, however there is a reciprocal agreement between the two States which your RMO would possibly qualify for. If he has actively been licensed in CA for the previous four years and he took the trade exam when he originally obtained his license, he would not be required to provide references or take the trade exam to obtain the NV license. You still need to go through Nevada’s application process though.

Q: We have a current license under a Partnership. We received a complaint which we are in the process of closing out with the CSLB, however the CSLB mentioned something about our business name as shown on the CA Secretary of State’s records needs to match what is on our license. We are looking for some help updating the business name on the Secretary of State and making sure our license is in regulatory compliance.

A: We would be happy to help you out with that. Your Partnership is actually not registered with the Secretary of State. I see what the problem is here. Based on the contract you provided me for review, you are operating as a corporation but your license is a Partnership license. Because Partnership licenses are not transferrable, you are required to apply for a new license in the corporation business name as reflected with the Secretary of State. We will assist you with the process of getting everything updated so that you are in compliance!