Ariz. Admin. Code § 3-8-209

Current through Register Vol. 30, No. 50, December 13, 2024

Section R3-8-209 - Change in Business Licensee

A. Transfer to spouse. A business license may be transferred to the licensee's spouse without a fee by submission of a Business License Entity Change Application if the licensee's spouse submits evidence of marriage to the licensee, keeps the same business name for the remainder of the licensee period and agrees to honor all of the licensee's customer contracts and warranties.

B. Transfer to new entity. A person may request a transfer of a business license to a new entity without a fee by submitting a Business License Entity Change Application if:

1. The owners of the current business licensee own a majority of the new entity,

2. The new entity keeps the same business name as the current business licensee for the remainder of the licensing period,

3. The new entity agrees to honor all customer contracts and warranties provided by the current business licensee, and

4. The current business licensee and the new entity are not the same form of entity.

C. When a business license is transferred under subsection (A) or (B), the new licensee shall be responsible for any outstanding fees or penalties owed to the PMD and for any disciplinary action taken by the PMD as a result of violations of this Chapter or the PMD's statutes by the former licensee.

D. Except as provided in subsections (A) and (B), a change in ownership of a licensed sole proprietorship requires a new business license.

E. If, through a change in ownership, a licensed business's office becomes a branch office of another licensed business, the new owner shall notify the PMD and comply with R3-8-206.

F. A business licensee shall report any change in the principals of the business to the PMD within 30 days. Principal means a person who owns at least a 10 percent interest in a business. Principal includes an owner that is itself a business as well as owners of a principal.

G. If a business licensee changes the name of the business, the licensee shall provide the following information on a Business Name Change Application submitted to the PMD prior to the change:

1. Name of business entity;

2. Current business name;

3. Business license number;

4. New business name requested;

5. Copy of the Registered Trade Name Certificate, amended Articles of Organization or Incorporation, amended Certificate of Limited Partnership, or amended Statement of Partnership Authority or Qualification showing the new name; and

6. Dated signature of the authorized representative of the business licensee affirming that the information provided is true and correct.

H. If a business licensee changes the form of the business, the licensee shall provide the following information on a Business Entity Change Application submitted to the PMD within 30 days of the change:

1. Name of licensed business entity;

2. Business name and license number;

3. Name and form of new business entity;

4. Names of the following persons authorized to act on behalf of the new business entity:

a. Owner if a sole proprietorship,

b. Managing or general partner if a partnership,

c. President and other authorized officers if a corporation,

d. All the managers or members if a limited liability company, or

e. Person authorized to make decisions for the business if any other type of business form;

5. Copy of the new business entity's Articles of Organization or Incorporation, Certificate of Limited Partnership, trust, trade name certificate, partnership agreement, or other evidence of the form of business organization;

6. As applicable, the Articles of Merger or Consolidation, Statement of Merger, or approved partnership conversion; and

7. Dated signature of the authorized representative of the business licensee affirming that the information provided is true and correct.

Ariz. Admin. Code § R3-8-209

Adopted by exempt rulemaking at 23 A.A.R. 1949, effective 8/9/2017.