50-state Survey of Firm Licensure Requirements for ...

1 ABA Forum on Construction Law Division 3 Design 50-state Survey of firm Licensure Requirements for Architectural and Engineering Firms 1st Edition Published January 2015 Co-editors: Douglas P. Jeremiah, Esq. CONNER GWYN SCHENCK PLLC 3141 John Humphries Wynd Suite 100 Raleigh, NC 27612 (919) 789-9242 Mark W. Mercante, Esq. BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, No. 3 Sanctuary Boulevard Suite 201 Mandeville, Louisiana 70471 (985) 819-8400 Matthew J. Ninneman, Esq. GODIN & BAITY, LLC 621 17th Street, Suite 1900 Denver, CO 80293 (303) 572-3100 Alabama Design Professional Regulation firm License Corporate Formation Requirements Author Kevin R. Garrison, Esq. BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, 420 20th Street North Wells Fargo Tower, Ste 1400 Birmingham, Alabama 35203 (205) 250-8333 Architecture Alabama Board of Architects Licensing Statute Ala.

2 Code 34-2-1, et seq. Licensing Rules Corporations, professional corporations, professional associations, partnerships, or limited liability companies may practice architecture by meeting the following Requirements and obtaining a Certificate of Authorization (COA): (a) 2/3 or more of its officers, partners, directors, members, or others (depending on the legal structure of the entity) are registered/licensed architects and/or licensed professional engineers in any US jurisdiction and are also voting stockholders of the entity; and (b) at least one of the stockholding officers, directors, or members must be an architect licensed in 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.

3 There are no specific Requirements in Alabama for the corporate formation of an architectural firm , although there are ownership Requirements in order to obtain a COA. The statute and regulations expressly permit corporations, professional corporations, professional associations, partnerships, and limited liability companies to obtain COAs. Along with any other licensed profession, architects may organize their business pursuant to Alabama s Professional Corporations Law. Ala. Code , et seq. The primary distinction of this law is that ownership is limited to qualified persons ( , individuals licensed as architects). Engineering Alabama Board of Licensure for Professional Engineers and Professional Land Surveyors Statute & Regulations: Corporations, firms, partnerships, and LLCs, that perform or offer to perform engineering and/or land surveying work are required to have a Certificate of Authorization ( CA ).

4 At least one of the principal officers, or partners, of a business entity seeking a CA must be licensed as a PE. If an individual practices under his or her own given name ( , John Doe, PE), they do not There are no specific Requirements in Alabama for the corporate formation of an engineering firm . Although only corporations, firms and partnerships are the only business entities listed by name in the regulations and statute, engineering firms are permitted to practice under all types of business entities authorized by law to conduct business in Alabama. 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 1 Alabama Design Professional Regulation firm License Corporate Formation Requirements Licensing Statutes Code of Alabama, Title 34, Chapter 11 Ala.

5 Code 34-11-1, et seq. Licensing Regulations Alabama Administrative Code Chapter 330 Ala. Admin. Code r. 330-x-1, et seq. need a CA. If they practice as John Doe Engineering, they are required to have a CA. An organization or individual operating under a fictitious name must obtain a CA. In order to obtain a CA, the business entity must file an application, pay a fee, and 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. Along with any other licensed profession, engineers may organize their business pursuant to Alabama s Professional Corporations Law.

6 Ala. Code , et seq. The primary distinction of this law is that ownership is limited to qualified persons ( , individuals licensed as professional engineers). 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 2 Alaska Design Professional Regulation firm License Corporate Formation Requirements Authors Bryan A. Kelley, Esq. Melia Preedy, Esq. OLES MORRISON RINKER & BAKER, LLP 701 Pike Street, Suite 1700 Seattle, WA 98101 (206) 623-3427 Architecture and Engineering Alaska State Board of Registration for Architects, Engineers, and Land Surveyors Licensing Statute AS ch. Licensing Regulations 12 AAC ch.

7 36 Professional Corporation Act - AS ch. All business entities offering architectural, engineering, land surveying, or landscape architectural services must obtain firm Licensure , which is obtained by submitting to the Board an application for a certificate of authorization, a certified copy of resolution, an affidavit and designation of persons who are in responsible charge of the architectural activities in the corporation to practice architecture or engineering in Alaska. AS (a). For an architecture or engineering firm to obtain a certificate of authorization, it must assign all architectural or engineering decisions to an architect or engineer in responsible charge (or a registered architect or engineer under their direct supervision); specify the major branches of architecture or engineering of which the firm has designated a person in responsible charge; state the type of work practiced by the firm ; indicate an ability to provide architectural or engineering services; state the professional records of the designated person who is in responsible charge of each major branch of architectural or engineering activities; state the experience, if any, of the firm during the preceding five-year period.

8 Specify the major If a corporation, LLC, or LLP is organized solely by a group of architects or engineers each holding a certificate of registration and applies for a certificate of authorization, the board may grant a certificate based on review of the professional records of the organizers forming the firm in place of the required qualifications of AS AS (e). For architecture or engineering firms organized as a partnership (not including LLPs), all of the members of the partnership must be legally registered architects or engineers under AS ch. AS While it is not required that a firm operate as a professional corporation in order to practice architecture or engineering in Alaska, there are corporate governance Requirements for those that choose to do so.

9 All of the incorporators, shareholders, and directors must be licensed to render the same professional service as the corporation or company. AS The articles of incorporation must meet the requirement of the Alaska Corporation Code AS ch. , and must also include the name of the profession to be practiced by the company, the names of all original shareholders, directors, and officers, and the corporation s address. AS (a)-(b). 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 3 Alaska Design Professional Regulation firm License Corporate Formation Requirements branches of architecture or engineering AS (b)-(d).

10 A certificate of authorization will be issued to an applicant that meets the qualifications in AS and submits to the additional Requirements of 12 AAC 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 4 Arizona Design Professional Regulation firm License Corporate Formation Requirements Authors Barry Willits, Esq. Kevin M. Kasarjian, Esq. HOLDEN WILLITS PLC Two North Central Avenue, Suite 1220 Phoenix, AZ 85004 (602) 508-6210 Architecture and Engineering Architects, engineers, assayers, home inspectors, geologists, landscape architects, surveyors, alarms, certified remediation specialists, and clandestine drug laboratory site remediation on-site workers and on-site supervisors Arizona Board of Technical Registration ( BTR ) Licensing Statute 31-101 through 32-150 Licensing Regulations Arizona Administrative Code ( AAC )