WHO MUST PREPARE THE FINANCIAL STATEMENT?
The law requires a Reviewed or Audited financial statement which must be prepared by a licensed independent accounting firm. Contact a Certified Public Accountant (CPA) or a Licensed Public Accountant (LPA) who is properly licensed to prepare a "Reviewed" or "Audited" financial statement in the name and mode of operation to be licensed. Contractors should check with the license roster to ensure the *name they choose for the license is available and this may be confirmed at: http://verify.tn.gov/
*Effective July 1, 2014, the name cannot be similar to another licensee.
WHAT TYPE OF FINANCIAL STATEMENT IS REQUIRED?
Pursuant T.C.A. 62-6-111(b)(3-4), the CPA/LPA must prepare an Audited or Reviewed financial statement. The Board requires the financial statement to be current (less than 12 months), and according to Generally Accepted Accounting Principles (GAAP).
Guaranty Agreement Required
An indemnity, such as a Guaranty Agreement or Bond is required from the owner(s) (personal or parent) of the entity applying for the license whenever the financial statement provided shows a deficiency, such as:
Indemnity forms are available at: http://www.tn.gov/regboards/contractors/documents/BLC-GuarantyAgreementPolicy.pdf
IS FINANCIAL STATEMENT INFORMATION CONSIDERED PUBLIC RECORD?
No. Please review T.C.A. 62-6-124. The financial statement portion of the application is not public information and considered confidential (may be released only by a Subpoena with an Order of Protection). Effective September 25, 2012, the Board considers indemnitites as part of the financial statement.
WHY IS A FINANCIAL STATEMENT NEEDED?
Every contractor is assigned a monetary limit on their license, as to the size of project they wish to contract or bid. This limit must cover the total project and it cannot be split into phases of smaller contracts to circumvent the law. The total contract should include materials, labor, and profit. For example, if a residential contractor is building a house for a consumer, on their land, the land would not be part of the contract. However, if the contractor is not building on the consumer's land, then it would be part of the total contract price; could not be split into two contracts, one for land and one for the house. In addition, there is not a limit on the amount of single projects ongoing. A contractor with a $200,000 limit may construct as many of these homes as long as each one does not exceed the limit. A contractor is allowed a 10% tolerance, unless, they have a BC-A/r classification (residential restricted limited license).
Monetary Limit Determination
*A Bond in the Board's format may be supplied in lieu of the Guaranty Agreement, in the amount of $500,000; or $1,000,000 for an Unlimited monetary limits. (At renewal time, the Guaranty Agreement or Bond may be removed by making a request to the Board and providing an updated financial statement meeting the requirements, to replace it.)
Unlimited License Limit
To obtain an unlimited monetary limit on a license, the contractor must show $300,000 in both, working capital and net worth, as well as experience, with an audited financial statement. Cash only statements must include a Guaranty Agreement with a supplemental financial statement, as well as those with the majority of capital listed as uncollected accounts receivables. At renewal time, a contractor may supply a "Reviewed" financial statement for unlimited.
Working Capital and Net Worth
Please ask your CPA/LPA to assist you with determining the amount of your working capital and net worth to ensure you qualify for the limit requested. Please take in consideration of experience and whether the majority is uncollected receivables. Working capital is current assets minus current liabilities. Net worth is total assets minus total liabilities.
CURRENT ASSETS are cash and those assets that are reasonably expected to be realized in cash or sold or consumed within one year or within a business’s normal operating cycle if it is longer. Generally, current assets include the following:
Note: The Board does not consider notes receivables from related parties as a current asset
NON-CURRENT ASSETS are the following and not current assets, since they generally are not expected to be converted into cash within one year:
*The Board may accept a Guaranty Agreement from stockholders or related parties, supplied with their financial statement, to consider counting this as a current asset.
CURRENT LIABILITIES are obligations whose liquidation is reasonably expected to require (a) the use of current assets or (b) the creation of the other current liabilities. Generally, current liabilities include the following:
NON-CURRENT LIABILITIES do not include long term notes, bonds, and obligations that will not be paid out of current assets.
NOTE: All financial statements submitted should separate current portion of long term debt according to standard accounting principals.
Monetary Limit Assigned
The monetary limit is the total dollar amount per each individual contract or project. A contractor cannot split a contract into phases to work within their limit, however, a 10% tolerance is allowed. A contractor with a monetary limit of $150,000 may contract up to $165,000 without being in violation (see Rule 0680-01-.13). In addition, there is no limit of the number of projects a contractor may perform, as long as a project has not been split into phases to circumvent the law. There is not a 10% tolerance for the BC-A/r restricted residential licensees.
Supplemental Working Capital and Net Worth
Line of Credit
A Line of Credit (LOC) in the Board’s exact format may be considered to supplement working capital, only (does not supplement net worth). The LOC is an option available for those requesting a larger limit than one in which their financial statement qualifies. The LOC must be in the same name as on financial statement, and must be in the EXACT format or it will not be acceptable.
A Guaranty Agreement (GA) may be supplied with a contactor's personal financial statement or parent company's financial statement to supplement the licensed entity's working capital and net worth. The supplemental statement is only used up to 50%. For example, a contractor with a net worth of $50,000 is wanting a license for $1,000,000, which requires a net worth of $100,000. In order to supplement the net worth on the personal statement, it would need show a minimum of $100,000 to be utilized as $50,000.
The Board may require the submission of additional financial information and may also require the financial statement to be audited and attested to by a certified public accountant (CPA). In addition, the financial statement may be examined by the Comptroller of the Treasury or their designee. The Board is charged with the responsibility of protecting the safety and welfare of the public, therefore, required to ensure the financial solvency of an entity obtaining a license. TCA 62-6-111; TCA 62-6-116; 62-6-124; Rule 0680-1-.13; Rule 0680-1-.14; and Rule 0680-1-.15.
Financial Statement Resources