California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 4 - Manufactured Housing Sales, Occupational Licensing and Education › Subchapter 1 - Sales and Occupational Licensing › Article 3 - License and 90-Day Certificate Applications, Changes and Renewals › Section 5025 - Change of Ownership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every licensee which is changing
					 ownership structure by termination or addition of partners or members of an
					 limited liability company (LLC) or by changing the type of ownership structure
					 to a partnership, an LLC, or corporation, shall notify the department at least
					 ten (10) calendar days prior to the effective date of this change by the
					 submittal of the following:
(1) Application
					 for MH-Unit/Commercial Modular Manufacturers, Distributors, and Dealers, Part
					 A, form HCD OL 12 (Rev. 06/09), which is incorporated by reference.
(2) Application for MH-Unit/Commercial
					 Modular Manufacturers, Distributors, and Dealers and Salespersons, Part B, form
					 HCD OL 29 (Rev. 06/09), which is incorporated by reference, for each new person
					 designated in Part A, who will direct, control, operate or manage the
					 manufacturing or sales operations of the license.
(3) For each person designated in Part A, who
					 will direct, control, operate or manage the manufacturing or sales operations
					 of the license, fingerprints must be submitted through the Live Scan
					 fingerprint process. Unless exempted by DOJ, applicants shall provide a
					 properly completed and legible copy of a Request for Live Scan Service, form
					 HCD OL 8016 (New 11/05), which is incorporated by reference, or the equivalent
					 form provided by DOJ. The form HCD OL 8016 or DOJ equivalent form must provide
					 evidence that the fingerprints have been submitted to DOJ and that the
					 department is properly listed as the agency to receive any criminal history
					 information. Applicants applying for an exemption from the Live Scan process
					 must submit their exemption requests through the department on the forms
					 prescribed by DOJ. Fingerprints must be processed by a law enforcement agency
					 or a DOJ-certified fingerprint roller. Additional fingerprinting may be
					 required if the submitted fingerprints are rejected by DOJ or the Federal
					 Bureau of Investigation.
(4) Two
					 (2) full facial photographs of each new person designated in Part A, who will
					 direct, control, operate or manage the manufacturing or sales operations of the
					 license.
(5) For dealers only, a
					 Certificate of Appointment, form HCD OL 28 (Rev. 11/05), which is incorporated
					 by reference.
(6) For dealers only,
					 proof of successful passage by each new person designated in Part A, who will
					 direct, control, operate or manage the manufacturing or sales operations of the
					 license, MH-Unit or Commercial Modular Dealer Examination, as required by law
					 and Section 5022 of this subchapter, within six (6) months prior to the
					 application date.
(7) For MH-Unit
					 dealers only, proof of completion of a preliminary education program, as
					 required by Section 5302 of this chapter for each person designated in Part A
					 as participating in the direction, control or management of the manufacturing
					 or sales operations of the business.
(8) For each person relinquishing their
					 ownership interest in a partnership or membership of an LLC, a Statement of
					 Relinquishment by MH-Unit/Commercial Modular Manufacturer, Distributor or
					 Dealer, form HCD OL 49 (Rev. 06/09), which is incorporated by
					 reference.
(9) The fee specified in
					 Section 5040 of this subchapter, whichever is applicable for the change of
					 ownership structure to a partnership, an LLC or corporation, or change of
					 partner or member.