When an individual proposes to qualify to do business in his own name, or a fictitious
name where the individual is doing business as a sole proprietorship, certification
when granted, shall be issued only to the qualifying individual, in his name.
If an applicant proposes to qualify to engage in contracting as a partnership, corporation,
business trust, or other legal entity, applicant shall state the name of the agent,
and the partnership and its partners; the name of the corporation and its officers
and directors; the name of the business trust and its trustees; or the name of the
other legal entity and its members, and must furnish evidence of statutory compliance
if a fictitious name is used, as well as copies of the legal incorporation or partnership
documents. The applicant shall be active in, and legally empowered, to act for the
business organization in all matters connected with its contracting business; and
have authority to supervise construction undertaken by the business organization.
The certification, when issued, shall be in the name of the individual and the name
of the business organization.
If any individual qualifying a business organization ceases to be affiliated with
the business organization, the individual shall inform the department within ten days.
In addition, if the individual is the only certified individual affiliated with the
business organization, the business organization shall notify the department of the
individual's termination, within ten days, and shall have 60 days from the termination
of the qualifying individual's affiliation with the business organization in which
to affiliate with another person certified under the provisions of this article. Failing
this, the qualification of the business organization shall be invalid.
The qualifying individual shall inform the Department in writing when proposing to
engage in contracting in another name or in affiliation with another business organization;
and the new business organization shall supply the same information to the department
as required for applicants under this section.
