Law & Business · Module 2
Business Organization Types and Your CSLB License
CSLB licenses five kinds of business entities: sole owners, partnerships, corporations, limited liability companies and joint ventures. This lesson compares who is personally on the hook for business debts in each one, how each is taxed by default, what extra bonds and insurance an LLC license needs, and the CSLB rules that apply when the business changes: licenses are not transferable, a partnership license is canceled when a general partner leaves, and changes must be reported within 90 days.
Key Takeaways
- CSLB issues licenses to sole owners, partnerships, corporations, limited liability companies and joint ventures.
- A sole owner and the business are the same person, and general partners are jointly and severally liable for all partnership obligations (Corp. Code 16306).
- LLC members and corporate shareholders generally are not personally liable for the company's debts just because they are owners, but courts can still reach owners under alter ego rules.
- An LLC license needs the $25,000 contractor bond, a $100,000 LLC/worker bond and liability insurance of at least $1,000,000 aggregate (B&P 7071.6.5, 7071.19).
- A license can never be transferred to another person or entity (B&P 7075.1). A partnership license is canceled when a general partner disassociates (B&P 7076).
- Report changes such as personnel, business name and address to CSLB within 90 days (B&P 7083).
- A fictitious business name statement is filed with the county clerk within 40 days of starting to use the name and expires after 5 years (B&P 17910, 17920). It gives no liability protection.
Why This Matters
CSLB's Law and Business study guide opens with "Business Organization and Licensing," which includes company organization. How you set up the business decides who can lose personal property when the business is sued, how profits are taxed, what bonds and insurance CSLB demands, and what happens to the license when owners come and go. These are real, testable rules, and several of them surprise people.
The Five Entities CSLB Licenses
CSLB issues licenses to five kinds of business entities: sole owner, partnership, corporation, limited liability company (LLC) and joint venture (CSLB, Get Licensed to Build; B&P 7065). The license is issued to the entity, and each entity needs a qualifier who has passed the exams:
- Sole owner: the owner or a responsible managing employee (RME) qualifies the license.
- Partnership: one of the general partners (the qualifying partner) or an RME.
- Corporation: one of the officers listed on the license (the responsible managing officer, RMO) or an RME.
- LLC: a responsible managing member, responsible managing manager, RMO or RME.
- Joint venture: a combination of already licensed individuals or entities, each holding a current, active license in good standing. If any member's license stops being active and in good standing, the joint venture license is automatically suspended (B&P 7029).
An RME must be a bona fide employee working at least 32 hours a week or 80 percent of the business's operating hours, whichever is less (CSLB, Get Licensed to Build).
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