takeing over business/lic.

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grayeagle

Member
my father-inlaw has just past away. i am looking to transfer his lic. in my name. i have found out it can be done but who exactly have to do this with ? what could the cost be ? JA-SET a buseness consulting firm belives i can do this with out takeing the test for a year but want's 800.00. should i shop aroundor get a hold of california state lic. board a try myself. the info the better. thanx.
 

John120/240

Senior Member
Location
Olathe, Kansas
The way that I understand your situation is that you would need your own

master electrican license. A lawyer would be a good investment to handle the legal

end, in order to make you the CEO of your father in law's company.

But I am no expert on such matters.
 
I agree with John, here you can not transfer an electrical lic. now a business lic. would be a different thing. You would be able to run his business, but the ability to pull permits, different ballgame!
 

kwired

Electron manager
Location
NE Nebraska
As has been said legal help can get you in a CEO type position of the business but to be able to plan, design, layout, install electrical wiring or pull permits to do those things generally requires the proper license for what ever level of work you are going to do. These licenses are usually only granted to those with proper experience as well as passing an examination.

In Nebraska this is the closest thing to what you are looking for but it only allows you to finish projects that may already be in progress, you still eventually need to become a licensed contractor in order to continue contracting.


81-2119 Death of licensee; representative may carry on business; how long; insurance required.
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Upon the death of an electrical contractor, a Class A master electrician, a Class B electrical contractor, a Class B master electrician, or a fire alarm installer, the board may permit his or her representative to carry on the business of the decedent for a period not to exceed six months for the purpose of completing work under contract to comply with the State Electrical Act. Such representative shall furnish all public liability and property damage insurance required by the board.
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growler

Senior Member
Location
Atlanta,GA
my father-inlaw has just past away. i am looking to transfer his lic. in my name. i have found out it can be done but who exactly have to do this with ? what could the cost be ? JA-SET a buseness consulting firm belives i can do this with out takeing the test for a year but want's 800.00. should i shop aroundor get a hold of california state lic. board a try myself. the info the better. thanx.

Being a son-in-law is great but what exactly is your claim to the business. Are you an officer of the corporation? The only surviving relative? Named as beneficiary in a will as getting said business? The first step when someone dies is to establish unquestionable legal ownership of any assets.
 

readydave8

re member
Location
Clarkesville, Georgia
Occupation
electrician
The only experience I've had is when a business is sold the new owner wants a new business license to limit liablility. I don't know if it's necessary, just know that's what I've seen done.
 

renosteinke

Senior Member
Location
NE Arkansas
You need to contact the contracting board within 10 days of the 'loss' of the 'qualifying employee.' The firm then has 30 days to find a replacement 'qualifying employee.' That means you really have to hustle, and need a lot of goodwill on the part of the contracting board, to get things done in time.

As to assuming the business- that may not be possible, depending on how the firm was organized. That's one of the advantages of corporations; they can outlive their founders. Sole proprietorships die with the founder.

Can your new firm use the old name? Probably not until a probate court grants you ownership of the name. The contractors' board can offer guidance here. That's also why the supply houses will freeze the accounts until this is all sorted out. Expect probate to take a year.

Apart from the contractors' board, you may find some good advice through a trade association (like AGC or ABC).

I base my answers on the Nevada arrangement, which strongly parallels the California model. (Maybe that's why the California exodus skipped over Nevada and went to Arizona!)
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
I think he is talking about transferring business licenses and not electrician licenses.

You can transfer a business license in at least some places.

Whether it is wise or not is a completely different question.

Realistically, most small businesses are not really worth all that much. They are just a job substitute for the owner. In many cases he could make more working for someone else.

Most people just do not care about the licensing arrangements.

The name itself might be worth something.

This kind of thing is best dealt with before someone dies and leaves a big mess. There are ways to make the transfer from the former owner to the new owner pretty straightforward. Going through probate is not the way to do that.
 
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renosteinke

Senior Member
Location
NE Arkansas
In California, the license to do electrical contracting has nothing to do with either business licensing or journeyman/master classifications.

Business licenses are issued by every town.

One State bureaucracy has got into 'certifying' the guys with the tool belts.

An entirely different State agency regulates the license to do electrical contracting. They require tthe firm to have someone qualified in 'business' as well as someone with 'trade' qualifications. Both qualifications can be held by the same person. The contractors' board determines for itself, without any reference to the other State office, whether somone has 'teade' expertise.

Simply having the state contracting license does not relieve the firm from getting a business license from every town and county.

Likewise, regestering with the state taxing authority is a separate matter.
 

kwired

Electron manager
Location
NE Nebraska
I think he is talking about transferring business licenses and not electrician licenses.

Maybe so but for the company to be able to succeed both licenses may be required.
A business may be able to exist with their business license but if not allowed to electrical work without an electrical license they will not have much of an electrical contracting business.
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
In New Jersey:

"45:5A-14. Death or disability of qualifying representative; continuance of business

No person shall be denied the privilege of continuing business as an electrical contractor in the event of death, illness, or other physical disability of the representative thereof who qualified the person for a business permit for at least 6 months following the date of such death, illness or other physical disability; provided that said business is conducted under such qualified supervision as the board deems adequate."
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
Maybe so but for the company to be able to succeed both licenses may be required.
A business may be able to exist with their business license but if not allowed to electrical work without an electrical license they will not have much of an electrical contracting business.

I am not sure what benefit there would be in transferring the business license, over just getting a new one, other than not having to repaint the lic# on the trucks.

If someone in the organization is not a qualified master (or whatever it takes there to run an EC), I think the guy is out of luck.

This is why proper estate planning is in order. This kind of thing should have been decided long ago, and not after the guy dies and it is a crisis.

In most cases it is generally a good idea not to take over an existing business but to start a new one and fold whatever assets there are into the new business. This avoids, at least mostly, any liability the business has for problems from something the dead guy might have done 20 years ago.
 
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bauler

Member
You know you could look up the law yourself in "California Contractors License Law & Reference" book. I think there's a link on CSLB site. There is a guy on Contractors Talk forum that goes by License Guru that specializing in California licensing, look him up, I know he has helped others. Good luck, sorry for your lose.
 
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