The contracting firm I work for has merged, what should I do?

If the company at which one works has undergone a merger with another firm, there are certain things that one needs to do in order to ensure that one’s contractor’s license is updated with the Louisiana Licensing Board for Contractors. A copy of the signed plan of merger that has been executed is necessary. If the merger was registered outside of the state of Louisiana, one also will need a copy of the certificate from the domiciliary Secretary of State. This will be needed as evidence to reflect registration of the merger outside of the state. If the merger took place within the state, then one will need a copy of the amendment to the company’s charter to prove registration of the merger with the Louisiana Secretary of State’s office.

If the company is incorporated, then one will need a copy of the corporation’s Board of Directors’ meeting minutes that reference authorization of the merger. Since a license is nontransferable, if the company is going to be the non-surviving entity as a result of the merger and wishes to continue working under its current license number, then it must merge into a parent or a subsidiary in order to continue working under that same license number.

If the resultant entity after the merger will be a corporation, then one will need to submit a copy of the Articles of Incorporation to the Licensing Board for Contractors. If the resultant entity after the merger will be an LLC, then one will need to submit the Articles of Organization. If, however, the resultant entity after the merger is going to be a partnership, then one will need a copy of the partnership agreement, as well as a Certificate of Authority or Existence that proves that the surviving entity has been registered with the Louisiana Secretary of State’s office.

The regulatory issues surrounding a merger can quickly become complex. A business law firm may be helpful in ensuring that all of the appropriate forms and legal paperwork have been completed and properly filed in order to ensure a smooth transition.

Source: Louisiana Licensing Board for Contractors, “Frequently Asked Questions – #4“, accessed Oct. 21, 2014