When is a business organization "unlicensed" for purposes of s. 489.128?
Correct Answer
C) When it has no primary or secondary qualifying agent for the scope of work under the contract
Section 489.128(1)(a) states the test for each kind of party: an individual is unlicensed without "a license required by this part concerning the scope of the work to be performed under the contract", and "a business organization is unlicensed if the business organization does not have a primary or secondary qualifying agent in accordance with this part concerning the scope of the work to be performed under the contract." Scope matters as much as the existence of a licence.
Why This Is the Correct Answer
Section 489.128(1)(a) states the test for each kind of party: an individual is unlicensed without "a license required by this part concerning the scope of the work to be performed under the contract", and "a business organization is unlicensed if the business organization does not have a primary or secondary qualifying agent in accordance with this part concerning the scope of the work to be performed under the contract." Scope matters as much as the existence of a licence.
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