Form Lic 281 - Application Instructions For A Facility License Page 12
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22B1. -
PARTNERSHIP AGREEMENT, ARTICLES OF INCORPORATION OR ARTICLES
OF
ORGANIZATION
Information contained in a partnership agreement, articles of incorporation or articles of organization
gives the licensing agency information concerning who is ultimately responsible for which functions
in the facility. This information is especially necessary when there are unresolved problems needing
attention. The licensing agency must know who to contact regarding the operation of the facility.
PARTNERSHIP AGREEMENT
•
A written agreement is not necessary for licensing purposes when the partners are husband and
wife. However, two individuals not related by marriage are required to provide a partnership
agreement.
•
For licensing purposes, it is necessary to determine if the partnership is a general or limited
partnership. If it is a limited partnership, only the general partner(s) are to be on the license.
However, the names and addresses of the limited partners are also needed. Limited partners
need not sign the application, submit fingerprints (except when living at or performing care or
supervisory duties in the facility), etc.
•
All general partners need to be on the license and sign the application.
•
Name & business address of each general partner is needed.
•
A description of the obligations and duties of each general partner and whether or not each can
act on behalf of the others. (This is necessary in order for the licensing agency to know who is in
charge and responsible for what.) It should be noted that in a partnership, ultimately, each
partner is responsible and liable for the obligations of the license.
ARTICLES OF INCORPORATION:
The Articles of Incorporation are used to establish that the applicant is, in fact, a valid corporation
and qualified as such to do business in the State of California. The articles should have attached, a
seal from the state where incorporated. Foreign (out-of-state) corporations must also provide a
Certificate of Qualification from the California Secretary of State to establish that the corporation is
qualified to do business in California. Pursuant to regulation, the following information must also be
provided as part of, or in support of, the Articles of Incorporation.
•
Constitution and by-laws (day-to-day operation). This is viewed only to ensure that no licensing
regulations are violated.
•
Board Resolution (to determine who are the agents acting on behalf of the Corporation).
Authorization to apply for a license and the person authorized and delegated by board
resolution to sign and act on behalf of the corporation should be included in the board
resolution. This may be the Chief Executive Officer, Board President, Board Member, or an
individual from the corporate executive office.
•
Directors’ and officers’ names, titles, business and phone numbers.
•
Name and address of 10 percent shareholders
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