North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 02 - ARCHITECTURE AND REGISTERED INTERIOR DESIGNERS › Section .0200 - PRACTICE OF ARCHITECTURE › Section 02 .0214 - FIRM PRACTICE OF ARCHITECTURE AND REGISTERED INTERIOR DESIGN

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Prior to offering and rendering architectural or registered interior design
				services as set forth in G.S. 83A and Rule .0204(a) and Rule .0204(c) of this
				Chapter, all firms shall submit an application for firm licensure or
				registration and be granted licensure or registration by the Board. Application
				for firm licensure or registration to practice of architecture or registered
				interior design 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. Licensure for firm
				practice of architecture shall be issued only under the provisions of the
				Professional Corporation Act, G.S. 55B and G.S 57D-2-02. Registration for firm
				practice of interior design shall be issued only under the provisions of the
				Business Corporation G.S. 55 and G.S 57D. All applications for firm licensure
				or registration shall contain the following:
(1) the firm's name, mailing address,
				physical address, email address, and phone number;
(2) the firm's representative completing the
				application;
(3) for all officers,
				directors and shareholders, if the firm is a professional corporation:
(A) the profession;
(B) the credential number and jurisdiction in
				which the credential was issued, if outside of North Carolina;
(C) the credential number issued by the
				Board, if any;
(D) whether the
				individual is an officer, director, or shareholder; and
(E) percentage of stock owned.
(4) for all members and owners, if
				the firm is a professional limited liability company:
(A) the profession;
(B) the credential number and jurisdiction in
				which the credential was issued, if outside of North Carolina;
(C) the credential number issued by the
				Board, if any;
(D) whether the
				individual is a member or manager; and
(E) percentage of membership held.
(5) the names, position, and
				ownership interest of any non-licensed shareholder or member of the
				firm;
(6) whether the firm is a
				professional corporation or professional limited liability company;
(7) whether the firm intends to form a new
				entity with the North Carolina Secretary of State and, if so, copies of the
				proposed articles of incorporation or organization;
(8) whether the firm intends to register with
				the North Carolina Secretary of State as a foreign entity and, if so, copies of
				the articles of incorporation or organization filed in the other
				jurisdiction;
(9) whether the firm
				or any of its owners ever has had a credential denied, limited, reprimanded,
				suspended, or revoked and, if so, a statement providing the reason for the
				adverse action; the date and jurisdiction in which the adverse action occurred;
				the terms of the adverse action imposed; and whether the terms of the adverse
				action have been satisfied;
(10)
				whether the firm or any of its owners ever has been convicted of a felony or
				misdemeanor under any laws and, and, if so, the jurisdiction, charge, case
				number, and date of each such criminal conviction;
(11) whether any criminal charges have been
				filed or are pending against the firm or any of its owners and, if so, the
				jurisdiction, charge, and case number of each such charge;
(12) whether any court, board, agency, or
				professional organization has found the firm or any of its owners guilty of
				unprofessional conduct, dishonest or fraudulent practice, or incompetent
				practice and, if so, the jurisdiction, charge, case number, and date of such
				adverse action;
(13) whether any
				disciplinary action, charges, or controversy is pending against the firm or any
				of its owners before any court, board, agency, or professional organization for
				unprofessional conduct, dishonest or fraudulent practice, or incompetent
				practice and, if so, the jurisdiction, charge, and case number of each such
				pending action;
(14) whether any
				liens or judgments have been filed or entered against the firm or any of its
				owners and, if so, the jurisdiction, date, and parties to such lien or
				judgment;
(15) if the firm is a
				foreign entity, a certification from the person identified in Subparagraph
				(b)(2) of this Rule that:
(A) the information
				contained in the application is true and correct to the best of his or her
				knowledge and belief; and
(B) he or
				she has read the statutes and rules set forth in North Carolina General
				Statutes 55B for corporations, or Chapter 57D for PLLCs, Chapter 83A, and this
				Chapter.
(16) if the firm
				is an entity desiring to be incorporated or organized in North Carolina, a
				certification from the incorporator or organizer that the information contained
				in the application is true and correct to the best of his or her knowledge and
				belief; and
(17) a certification
				that the incorporator, organizer, officer, or owner of the firm has read and
				understands the public notice statement on employee misclassification that is
				set forth in the application and has disclosed any investigations for employee
				misclassification, and its results, over the preceding 12-month period, as
				prescribed by G.S. 143-789.