21 NCAC 02 .0214             Firm PRACTICE OF ARCHITECTURE

(a)  Registration.  Prior to offering and rendering architectural services as set forth in G.S. 83A and 21 NCAC 02 .0204(a), all firms shall submit an application for firm registration and be granted registration by the Board.  Application for firm registration to practice of architecture within the State of North Carolina shall be made upon forms provided on the Board web site at www.ncbarch.org and include the required application fee as set forth in Rule .0108 of this Chapter.  Certificates for firm practice shall be issued only under the provisions of the Professional Corporation Act, G.S. 55B, except as provided in Subsection (b) of this Rule and G.S 57C.

(b)  Architectural Corporations Under G.S. 55, the Business Corporation Act.  Applications for certificate of registration as exempt from the Professional Corporation Act under the provisions of G.S. 55B-15 shall be made upon forms provided by the Board.  Completed applications shall be accompanied by the corporate application fee. To be eligible as an exempt corporation under the provisions of G.S. 55B-15, the following conditions must exist:

(1)           The corporation must have been incorporated prior to June 5, 1969 as a business corporation;

(2)           Prior to and since June 5, 1969, the corporation must have been a bona fide architectural or architectural-engineering firm with services limited to the practice of architecture or architecture-engineering and ancillary services within the State of North Carolina; and

(3)           The corporation must have applied to be an exempt corporation before October 1, 1979.

(c)  Renewal of Certificate. Firm registration shall be renewed on or before December 31st each year. If the Board has not received the annual renewal fee and completed application on or before December 31st each year, the firm license shall expire. No less than 30 days prior to the renewal date, the Board shall send a notice of renewal to each registered firm.  Renewal documentation shall be accompanied by the renewal fee.  If the accompanying draft or check in the amount of the renewal fee is dishonored by the firm's drawee bank for any reason, the Board shall suspend the firm registration until the renewal fees and returned check charges are paid.  When the annual renewal has been complete according to the provision of G.S. 83A-11, the Executive Director shall approve renewal for the firm registration for the current renewal year.  Upon completion of the firm annual renewal, the Board may randomly audit the compliance of firm registrations and require proof in the form of corporate records maintained pursuant to North Carolina General Statute 55B.  Such records must be maintained for a period of seven years after the renewal is submitted.  Renewal fees are non-refundable. 

(d)  Failure to Renew and Reinstatement.  Within one year of the expiration, the firm license may be renewed at any time, upon the return of the completed renewal documents, the annual renewal fee, and the late renewal fees.  After one year from the date of expiration for non-payment of the annual renewal fee the licensee shall seek reinstatement, as allowed by G.S. 83A-11.  The Board may reinstate the firms' certificate of registration, as allowed by G.S. 83A-11.

(e)  Seal.  Each registered corporation shall adopt a seal pursuant to 21 NCAC 02 .0206(a)(3).

(f)  Approval of Name.  In addition to the requirements and limitations of G.S. 55 and 55B, the firm name used by an architectural corporation shall conform with Rule .0205 and be approved by the Board before being used.  This Rule shall not prohibit the continued use of any firm name adopted in conformity with the General Statutes of North Carolina and Board Rules in effect at the date of such adoption.

 

History Note:        Authority G.S. 55B‑5; 55B‑10; 55B‑15; 83A‑6; 83A‑8;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. July 1, 2014; December 1, 2010; July 1, 1993; May 1, 1989; November 1, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.