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Business organizations and qualifying agents

Business organization changes: 45 days

O.C.G.A. 43-41-9 and Rules 553-3-.05(3) and 553-4-.03(3) require a licensed business organization to report any change in the information on its application within 45 days.

A business organization must employ at least one currently licensed contractor full-time as its qualifying agent (Rule 553-4-.03(1)).

Losing the only qualifying agent

When the sole qualifying agent leaves, Rules 553-3-.05(4)(a) and 553-4-.03(4)(a) set two separate clocks:

  • 45 days to notify the division in writing.
  • 120 days from the termination to hire a new qualifying agent and apply under that agent.

The trap is swapping them: 45 days is the notice deadline, not the replacement deadline. 180 days is a prep-site figure that failed verification 0-3; do not use it.

License status while the new agent is pending

Under the same rules, the business stays licensed while the application under the new qualifying agent is pending. If the application is denied, the license ends after the 120 days.

  • The license is not suspended until approval.
  • It does not end the moment the agent departs, because the rule gives 120 days to replace the agent.
  • It does not lapse at 45 days; that is only the written notice deadline.

Individual licensee changes: 30 days

Rules 553-3-.01 to 553-3-.04 and 553-4-.02 require a licensee to report changes to their own file information in writing within 30 days. The rule names:

  • mailing address;
  • insurance; and
  • affiliated entities.

A licensed individual who moves reports the new mailing address within 30 days.

Keep the three numbers apart

  • 30 days: the individual licensee updating their own file.
  • 45 days: the business organization reporting changes to its application, and the written notice after a sole qualifying agent leaves.
  • 120 days: the business replacing a sole qualifying agent.

Confusing the individual's 30 days with the business's 45 days is the common error. Ten days is not a deadline anywhere in these rules.

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