The affidavit
A qualifying agent must file an affidavit on the board's form (Rules 553-3, mirrored in 553-4) stating that the agent has final approval authority for all construction work and for all business matters, including contracts, contract performance and financial affairs.
Both halves are required: construction work only fails, and financial affairs only fails. The affidavit is about final approval authority; it is not a promise to personally supervise every job site each day.
Testing a real arrangement
A licensed construction manager approves all construction work, but the chief financial officer has the final say on contracts and finances. The manager cannot sign the affidavit truthfully, because the agent lacks final approval authority over business matters.
- Meeting the net worth minimum does not fix it; net worth is a separate requirement.
- Having the CFO also sign does not fix it; the rule requires the individual applicant to hold final approval authority.
The 45-day notices
O.C.G.A. 43-41-9 and the board rules set two notices, both 45 days:
- A qualifying agent who stops being affiliated with the licensed business organization must inform the division within 45 days.
- The business organization must report changes to the information in its application within 45 days. This covers changes generally, not only the agent's resignation, and it cannot wait for the next renewal.
The trap is the 90-day figure. Ninety days is the Secretary of State window for a new domestic corporation's initial annual registration, not a licensing notice.
Counting the deadline
An agent leaves on June 10. Count 20 days to June 30, then 25 more to July 25 (20 + 25 = 45). July 10 is only 30 days out, August 9 is 60, and September 8 is 90.
Which statute
The 45-day periods sit in O.C.G.A. 43-41-9, part of the contractor licensing chapter. Not these:
- O.C.G.A. 14-2-1622 is corporate annual registration with the Secretary of State.
- O.C.G.A. 14-2-501 is a corporation's registered agent and office.
- O.C.G.A. 44-14-360 begins the lien law.