North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 26 - LANDSCAPE ARCHITECTS › Section .0300 - EXAMINATION AND LICENSING PROCEDURES › Section 26 .0315 - OUT-OF-STATE ENTITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Landscape
				architectural entities from other states may be granted 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 its
				corporate charter, or other corresponding documents, amended as may be
				necessary to ensure 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.
				89A-2(a1), out-of-state (or
				"foreign") entities shall, 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 shall be
				obtained from the Board prior to submitting the application to the Secretary of
				State.
(b) An out-of-state entity
				may be permitted to practice landscape architecture within the State of North
				Carolina provided that it complies with G.S. 55B. If an out-of-state entity
				offers landscape architectural services, then it shall comply with requirements
				set forth in G.S. 89A. An out-of-state entity shall have at least one officer
				or director licensed in the State as a landscape architect. Two-thirds of the
				issued and outstanding shares of the out-of-state corporations shall be held by
				a landscape architect, architect, geologist, soil scientist, engineer, or land
				surveyor licensed to practice the profession in a jurisdiction of the United
				States. However, the entity shall designate at least one landscape architect
				who is licensed in the State of North Carolina to be in responsible charge for
				the entity's practice of landscape architecture within the State of North
				Carolina. Notwithstanding the requirements of this Rule, an individual
				landscape architect who is licensed under G.S. Chapter 89A, et seq., may
				practice as an individual.
(c) An
				out-of-state limited liability company may practice landscape architecture, if
				the limited liability company complies with G.S. Chapter 57D and at least one
				member and one manager or member/manager is licensed as a landscape architect,
				architect, geologist, soil scientist, engineer, or land surveyor to comply with
				Paragraph (a) of this Rule.
(d) An
				out of state limited liability partnership may practice landscape architecture,
				if the limited liability partnership complies with
				G.S.
				59-84.2, and at least one partner is licensed
				in this State as an individual pursuant to Rule .0301 of this
				Section.
(e) If the Board has not
				received the annual firm renewal fee and completed application on or before
				June 30th, the firm registration shall expire and be deemed delinquent. The
				firm registration may be renewed at any time within
one year upon the payment of 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 Rule
				  .0301 of this Section.
Authority
				  G.S.
				  55B-6;
				  83A-6;
				  89A-2(a1);
Eff. March 1, 2015;
Amended Eff. January 1,
				  2022.