Legal Question in Construction Law in California

Can a licensed, incorporated, General Contrator file bankruptcy and open another construction company with the same contractors license?


Asked on 10/03/09, 4:46 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I don't think so; the corporate license is property of the bankruptcy estate and was issued to the bankrupt corporation in its name. However, the corporate license is issued based upon the prior qualifications of the individual who was its responsible party, and it is usually relatively easy for that individual, with a clean record, to obtain a new corporate license without being re-tested. The new licensee will also need a new bond and, of course, a new corporation. I believe the forms and instructions for a corporate license application can be downloaded from the CSLB's web site.

A concerned individual should also discuss the fate of the old license with the bankruptcy trustee, the trustee's attorney, or his/her own attorney.

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Answered on 10/03/09, 6:27 pm

The short answer is "no." Only one corporation can have any one particular license. However, a corporate license is dependent on having a licensed RMO or RME (responsible managing officer or employee). So if you're talking about that person's license, then, yes, they can bankrupt one company, and then walk away with their license and become the RMO or RME of a new corporate licensee, or open a sole proprietorship under that license.

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Answered on 10/04/09, 3:45 am


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