Section .0900 - PROFESSIONAL CORPORATION OR LIMITED LIABILITY COMPANY

21 NCAC 63 .0901             APPLICATIONS FOR A CERTIFICATE OF REGISTRATION

(a)  Licensed clinical social workers who wish to form a Professional Corporation or Professional Limited Liability Company must apply to the Board for a Certificate of Registration in accordance with this Rule, pursuant to Chapter 55B of the North Carolina General Statutes.

(b)  All applications for a Certificate of Registration for Professional Corporation shall include the fee described in Paragraph (d) of this Rule and provide the following:

(1)           the name and address of the proposed business;

(2)           the purpose of the proposed business;

(3)           the name, address, profession, and license number of each proposed stock owner;

(4)           the percentage of shares to be owned by each proposed stock owner;

(5)           the name, address, profession, and license number of each proposed director;

(6)           the name, address, profession, and license number of each proposed corporate officer;

(7)           the name, address, profession, and license number of each proposed professional employee;

(8)           the contact information of the person completing the application; and

(9)           notarized signatures from the business's incorporators and an attestation that:

(A)          they have read the Board's governing statutes and rules;

(B)          there are no disciplinary actions pending against any of the business's incorporators, officers, directors, stockholders, or employees;

(C)          the business is being incorporated under the provisions of Chapter 55B of the North Carolina General Statutes; and

(D)          the business will be conducted in compliance with the Professional Corporation Act and the laws governing licensees of the Board.

(c)  All applications for a Certificate of Registration for Professional Limited Liability Company shall include the fee described in Paragraph (d) of this Rule and provide the following:

(1)           the name and address of the proposed business;

(2)           the purpose of the proposed business;

(3)           the name, address, profession, and license number of each proposed shareholder;

(4)           the percentage of shares to be owned by each proposed shareholder;

(5)           the name, address, profession, and license number of each proposed director;

(6)           the name, address, profession, and license number of each proposed member;

(7)           the name, address, profession, and license number of each proposed professional employee;

(8)           the contact information of the person completing the application; and

(9)           notarized signatures from the business's organizers and an attestation that:

(A)          they have read the Board's governing statutes and rules;

(B)          there are no disciplinary actions pending against any of the business's organizers, members, managers, or employees;

(C)          the business is being organized under the provisions of Chapter 57D of the North Carolina General Statutes; and

(D)          the business will be conducted in compliance with Chapter 57D of the North Carolina General Statutes and the laws governing licensees of the Board.

(d)  The following non-refundable fees apply:

(1)           fifty dollars ($50.00) – application fee for a certificate of registration for a professional corporation or limited liability company; and

(2)           twenty-five dollars ($25.00) – annual renewal fee for the certificate of registration for a professional corporation or limited liability company.

History Note:        Authority G.S. 55B-10; 55B-11; 55B-12; 57D-2-02; 90B-6; 90B-11;

Eff. January 1, 2009;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015;

Amended Eff. October 1, 2021.