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50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms 1St Edition – Published January 2015

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50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms 1St Edition – Published January 2015 ABA Forum on Construction Law – Division 3 – Design http://www.americanbar.org/groups/construction_industry.html 50-state Survey of Firm Licensure Requirements for Architectural and Engineering Firms 1st Edition – Published January 2015 Co-editors: Douglas P. Jeremiah, Esq. Mark W. Mercante, Esq. Matthew J. Ninneman, Esq. CONNER GWYN SCHENCK PLLC BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. GODIN & BAITY, LLC 3141 John Humphries Wynd Suite 100 No. 3 Sanctuary Boulevard 621 17th Street, Suite 1900 Raleigh, NC 27612 Suite 201 Denver, CO 80293 (919) 789-9242 Mandeville, Louisiana 70471 (303) 572-3100 [email protected] (985) 819-8400 [email protected] [email protected] 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms - 1st ed. Jan. 2015 published by ABA Forum on Construction Law - Division 3 - Design Alabama Design Professional Regulation Firm License Corporate Formation Requirements Author Architecture Corporations, professional corporations, There are no specific requirements in Alabama for the professional associations, partnerships, or corporate formation of an architectural firm, Kevin R. Garrison, Esq. Alabama Board of Architects limited liability companies may practice although there are ownership requirements in order BAKER, DONELSON, BEARMAN, www.boa.alabama.gov/ architecture by meeting the following to obtain a COA. The statute and regulations CALDWELL & BERKOWITZ, P.C. requirements and obtaining a Certificate of expressly permit corporations, professional 420 20th Street North Licensing Statute – Ala. Code § 34-2-1, Authorization (COA): (a) 2/3 or more of its corporations, professional associations, partnerships, Wells Fargo Tower, Ste 1400 et seq. officers, partners, directors, members, or and limited liability companies to obtain COAs. Birmingham, Alabama 35203 others (depending on the legal structure of (205) 250-8333 Licensing Rules – the entity) are registered/licensed architects Along with any other licensed profession, architects [email protected] http://www.boa.alabama.gov/Archite and/or licensed professional engineers in any may organize their business pursuant to Alabama’s cts/ArchHandbook.aspx?m=architects US jurisdiction and are also voting Professional Corporations Law. Ala. Code § 10A-4- stockholders of the entity; and (b) at least one 1.01, et seq. The primary distinction of this law is of the stockholding officers, directors, or that ownership is limited to qualified persons (e.g., members must be an architect licensed in individuals licensed as architects). Alabama who has authority to contractually bind the entity and whose name and seal shall appear on all documents prepared under his/her responsible control. Engineering Corporations, firms, partnerships, and LLCs, There are no specific requirements in Alabama for the that perform or offer to perform engineering corporate formation of an engineering firm. Alabama Board of Licensure for and/or land surveying work are required to Although only corporations, firms and partnerships Professional Engineers and have a Certificate of Authorization (“CA”). At are the only business entities listed by name in the Professional Land Surveyors least one of the principal officers, or partners, regulations and statute, engineering firms are http://www.bels.alabama.gov of a business entity seeking a CA must be permitted to practice under all types of business licensed as a PE. entities authorized by law to conduct business in Statute & Regulations: Alabama. http://www.bels.alabama.gov/Laws.as If an individual practices under his or her own px given name (i.e., John Doe, PE), they do not 1 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms - 1st ed. Jan. 2015 published by ABA Forum on Construction Law - Division 3 - Design Alabama Design Professional Regulation Firm License Corporate Formation Requirements Licensing Statutes – need a CA. If they practice as John Doe Along with any other licensed profession, engineers Code of Alabama, Title 34, Chapter 11 Engineering, they are required to have a CA. may organize their business pursuant to Alabama’s Ala. Code § 34-11-1, et seq. An organization or individual operating under Professional Corporations Law. Ala. Code § 10A-4- a fictitious name must obtain a CA. 1.01, et seq. The primary distinction of this law is Licensing Regulations – that ownership is limited to qualified persons (e.g., Alabama Administrative Code In order to obtain a CA, the business entity individuals licensed as professional engineers). Chapter 330 Ala. Admin. Code r. 330-x- must file an application, pay a fee, and 1, et seq. designate a resident licensed PE or land surveyor in responsible charge of the engineering or land surveying work for each separate office or branch office. The names and addresses of all officers, partners, board members and resident licensees must be provided to the board. 2 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms - 1st ed. Jan. 2015 published by ABA Forum on Construction Law - Division 3 - Design Alaska Design Professional Regulation Firm License Corporate Formation Requirements Authors Architecture and Engineering All business entities offering architectural, If a corporation, LLC, or LLP is organized solely by a engineering, land surveying, or landscape group of architects or engineers each holding a Bryan A. Kelley, Esq. Alaska State Board of Registration for architectural services must obtain firm certificate of registration and applies for a certificate of Melia Preedy, Esq. Architects, Engineers, and Land Surveyors licensure, which is obtained by submitting to authorization, the board may grant a certificate based OLES MORRISON RINKER & http://www.commerce.alaska.gov/dnn/cb the Board an application for a certificate of on review of the professional records of the organizers BAKER, LLP pl/ProfessionalLicensing/BoardofArchitect authorization, a certified copy of resolution, forming the firm in place of the required qualifications 701 Pike Street, Suite 1700 sEngineersandLandSurveyors.aspx an affidavit and designation of persons “who of AS §08.48.241. AS §08.48.241(e). Seattle, WA 98101 are in responsible charge” of the (206) 623-3427 Licensing Statute – AS ch. 08.48 architectural activities in the corporation—to For architecture or engineering firms organized as a [email protected] practice architecture or engineering in partnership (not including LLPs), all of the members of [email protected] Licensing Regulations – 12 AAC ch. 36 Alaska. AS §08.48.241(a). the partnership must be legally registered architects or engineers under AS ch. 08.48. AS § 08.48.251. Professional Corporation Act - AS ch. 10.45 For an architecture or engineering firm to obtain a certificate of authorization, it must While it is not required that a firm operate as a assign all architectural or engineering professional corporation in order to practice decisions to an architect or engineer in architecture or engineering in Alaska, there are responsible charge (or a registered architect corporate governance requirements for those that or engineer under their direct supervision); choose to do so. All of the incorporators, shareholders, specify the major branches of architecture or and directors must be licensed to render the same engineering of which the firm has designated professional service as the corporation or company. AS a person in responsible charge; state the type §10.45.010. The articles of incorporation must meet of work practiced by the firm; indicate an the requirement of the Alaska Corporation Code AS ch. ability to provide architectural or engineering 10.06, and must also include the name of the services; state the professional records of the profession to be practiced by the company, the names designated person who is in responsible of all original shareholders, directors, and officers, and charge of each major branch of architectural the corporation’s address. AS §10.45.010 (a)-(b). or engineering activities; state the experience, if any, of the firm during the preceding five-year period; specify the major 3 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms - 1st ed. Jan. 2015 published by ABA Forum on Construction Law - Division 3 - Design Alaska Design Professional Regulation Firm License Corporate Formation Requirements branches of architecture or engineering AS §08.28.241(b)-(d). A certificate of authorization will be issued to an applicant that meets the qualifications in AS §08.48.241 and submits to the additional requirements of 12 AAC 36.135. 4 50-State Survey of Firm Licensure Requirements for Architectural and Engineering Firms - 1st ed. Jan. 2015 published by ABA Forum on Construction Law - Division 3 - Design Arizona Design Professional Regulation Firm License Corporate Formation Requirements Authors Architecture and Engineering No firm shall engage in the practice of There are no restrictions concerning the type of architecture, assaying, geology, organizational entity that must be used for Barry Willits, Esq. Architects, engineers, assayers, engineering, landscape architecture purposes of registering a design firm. The Kevin M. Kasarjian, Esq. home inspectors, geologists, or land surveying unless the firm is definition of a “firm” contemplates a wide range HOLDEN WILLITS PLC landscape architects, surveyors, registered with the BTR and the of organizational structures, including Two North Central Avenue, alarms, certified remediation
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