Michigan Laws 338.847 – Death of licensee; carrying on business; notice to department; sale of business
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Terms Used In Michigan Laws 338.847
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Department: means the Michigan department of labor and economic growth. See Michigan Laws 338.822
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- Licensee: means a person licensed under this act. See Michigan Laws 338.822
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Professional investigator: means a person, other than an insurance adjuster who is on salary and employed by an insurance company, who for a fee, reward, or other consideration engages in the investigation business. See Michigan Laws 338.822
(1) Upon the death of a licensee, the business of the decedent may be carried on for a period of 90 days by any of the following:
(a) In the case of an individual licensee, the surviving spouse, or if there is none, the personal representative of the estate of the decedent.
(b) In the case of a partner, the surviving partners.
(c) In the case of an officer of a firm, company, association, limited liability company, or corporation, the officers.
(2) Within 10 days following the death of a licensee, the department shall be notified by a person described in subsection (1) in writing. The notification shall state the name of the person legally authorized to carry on the business of the deceased.
(3) Upon the authorization of the department, the business may be carried on for a further period of time when necessary to complete any investigation or assist in any litigation pending at the death of the decedent.
(4) This section does not authorize the solicitation or acceptance of any business after the death of the decedent except as otherwise provided by this act.
(5) This section shall not be construed to restrict the sale of a professional investigator business if the vendee qualifies for a license under the provisions of this act.