Q: What are requirements for a QA to qualify for a new company? A: This is now a matter of debate. The Board has appointed a subcommittee to assess the issue. The initial response by the Board has been that the application requirements set forth that a QA must have final approval authority on all business matters, including contracts, contract performance and financial affairs of the Company. In an email to the head of this subcommittee after the issue was discussed in the May 7, 2008 meeting, I stated:
I would point you to the definition of QA in OCGA43-41-2(7). The QA is to have the requisite skill, knowledge and experience as well as responsibility to supervise the “contracting activities” within the state as well as the responsibility to supervise, direct, manage and control the “construction activities” on any project for which the QA obtained the permit.
I believe that the applications which go on to require that the QA has final approval authority on all business matters, including contracts and contract performance and financial affairs, exceeds the requirements for the QA under the law. This would be in compliance with OCGA 43-41-9(b). However this attestation requirement creates a conflict. The attestation standard required in the law would seem to exceed the requirements of the QA definition. Because the attestation requirement differs from the definition, I would think you may need a legal ruling from Scarlett.
My own thought is that the QA should only need to control the construction activity and not all activities of the company including those unrelated to construction and that the QA definition is correct. If Walmart were to creating a construction division for its stores (it probably has one), is there any reason that the QA need to be an [senior] officer or to control Walmart’s retail and non-construction activities as well as the construction activities?
The head of the subcommitee responded, in part, "I cannot speak to the legal aspects. The QA affidavit however is taken straight from the law so it is not in contradiction. My concern is that a "market" for QA's not created."