21 NCAC 56 .0902             business TITLES

(a)  Companies, partnerships, corporations, limited liability companies, or any other business providing professional engineering or land surveying services in North Carolina shall not practice under a name that is misleading. Except as provided in Paragraph (b), for purposes of this Rule, "misleading" means that the titles of engineering or land surveying companies, partnerships, corporations, limited liability companies, or any other business organized for the primary purpose of providing such professional services shall not contain the name of an individual:

(1)           who is not licensed to provide the professional services offered in North Carolina;

(2)           who is not eligible for licensure by comity to provide the professional services offered in North Carolina under the provisions of G.S. 89C-13; or

(3)           who is licensed to provide the professional services, offered in North Carolina, in a state where the business (or of a successor to that business or business created to comply with G.S. 55B), is incorporated, organized, or is authorized to transact business.

(b)  A business may include in its title the name or names of one or more deceased or retired former members of the business, or of a successor to that business or a business created to comply with G.S. 55B, provided that the business submits a letter of request and explanation with its application to the Board, and that the Board finds that the use of the name is not misleading.

(c)  A business shall not change its title, or operate under an assumed name, without first applying to the Board for a determination that the proposed title meets the requirements of Paragraph (a) or (b) of this Rule. Requests for name changes shall be made in writing on the change forms referenced in 21 NCAC 56 .0804(d). Requests to operate under an assumed name shall be made in writing.

History Note:        Authority G.S. 55B‑5; 57D-2.01; 89C‑10; 89C‑24;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. August 1, 2000; August 1, 1998; May 1, 1994; April 1, 1989; April 1, 1980;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019;

Amended Eff. July 1, 2020.