21 NCAC 02 .0215             out of state firms

(a)  Incorporation in Other States.  Architectural firms from other states may be granted firm certificates of registration for practice in this State upon receipt by the Board of a completed application, fees, the submission of a certified copy of their firm charter, or other corresponding documents, amended as may be necessary to insure compliance with all requirements of Chapter 55B, the Professional Corporation Act of the State of North Carolina, and the payment of the firm application fee.  In addition to the other requirements as set out in G.S. 83A-8, foreign firms must, prior to registration, receive from the Secretary of State of North Carolina a certificate of authority to do business within the state. A certificate for filing for a certificate of authority must be obtained by the Board prior to submitting application to the Secretary of State.

(b)  Designated Individuals.  Foreign entities may be permitted to practice architecture within the State of North Carolina provided that it complies with G.S. Chapter 55B.  If a foreign entity offers both architectural and engineering services, then it must comply with requirements set forth in G.S. 89C.  A foreign entity must have at least one officer, director and shareholder licensed as an individual in this state.  Two-thirds of the issued and outstanding shares of the foreign corporations must be owned by licensed architects or engineers who are licensed to practice their profession in a jurisdiction of the United States.  However, the firm must designate at least one architect who is licensed in the State of North Carolina to be in responsible charge for the firm practice of architecture within the State of North Carolina. Notwithstanding the requirements of this Rule, an individual architect who is licensed under G.S. Chapter 83A-7 may practice as an individual.

(c)  Partnerships.  An out of state architectural partnership may practice architecture, if every partner in the firm is licensed as an individual in this state under Rule .0213 and the partnership complies with Paragraph (f) this Rule .

(d)  Limited Liability Companies. An out of state Limited Liability Company may practice architecture, if the Limited Liability Company complies with G.S. 57C and at least one member and one owner are licensed as in individuals under Rule .0213 and comply with Paragraph (a) of this Rule.

(e)  Limited Liability Partnerships. An out of state Limited Liability Partnership may practice architecture, if the Limited Liability Partnership complies with G.S. 59, and at least one partner is licensed as an individual under Rule .0213.

(f)  Failure to Renew and Reinstatement. If the Board has not received the annual firm renewal fee and completed application on or before December 31st each year the firm registration shall expire and be deemed delinquent.  The firm registration may be renewed at any time within one year, upon the return of the completed application, 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 license shall be automatically revoked.  The Board may reinstate the firm's certificate of registration, as allowed by G.S. 83A-11

 

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

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. December 1, 2010; June 1, 1995; 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.