Legal Question in Business Law in California
Corporations
How are you! I am a Real Estate mortage broker licensed with the DRE. I operate under have my exsisting corporation as the licesed officer for the corporation (call this corp A which I am the only officer). I want to start a new, separate corporation, corp B, which will provide the same service as corp A. I would be an officer of each corporation. Is there a legal reason I cannot be an officer on each corp?
5 Answers from Attorneys
Re: Corporations
for so many reasons they are far, far tooooo numerous to list -- you need an answer from an attorney who is expert in family law as well as bus./corp law to give you face to face advice after to answer numerous questions from him/her and find out what your situation is and your real questions and needs basded upon the facts that exist now 00 so go get a a real attorney who will advise you with answers that won't necessarily make you happy but keep you out of a court room or better prepared if you are in one -- good luck
Re: Corporations
You can be an officer of as many corporations as you wish; no law limits an individual to holding office in but a single corporation. On the other hand, if Corporation B will be conducting activities requiring a DRE license, you will need to apply for and obtain an additional license for it....Corporation A's license only applies to Corporation A.
Re: Corporations
The DRE permits an individual broker to be a broker-officer of more than one corporation. California law doesn't provide for any limitations either.
If the corporations will compete, you may have an issue as to how you will fulfil your fidicuary duties to each corporation.
Feel free to contact us anytime for assistance. I also run a mortgage and real estate company.
Re: Corporations
As an officer of Corp A, you owe that corporation a duty of loyalty. So long as you remain an officer of Corp A and your broker's license is used by the corporation for the corporate license, all of your activities under the license must be on behalf of Corp A. If you wanted to be an officer of Corp B, you wold either need to resign as an officer of Corp A or Corp B could not offer services requiring a broker's license.
Re: Corporations
Probably not. Need more info, however, to discuss and counsel you re your questions.
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