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2000 SESSION
001643204Patrons-- O'Brien, Barlow, Cantor and Davis; Senators: Colgan, Lambert, Martin and Schrock
Be it enacted by the General Assembly of Virginia:
1. That §§ 13.1-549, 13.1-1111 and 54.1-411 of the Code of Virginia are amended and reenacted as follows:
§ 13.1-549. Qualifications of shareholders; special provisions for corporations rendering services of architects, professional engineers, land surveyors, certified landscape architects and certified interior designers.
A corporation rendering the services of architects, professional engineers,
land surveyors and certified landscape architects, and certified interior
designers, or any combination thereof, shall issue not less than two-thirds of
its capital stock to individuals duly licensed or otherwise legally authorized to
render the services of architect, professional engineer, land surveyor or,
certified landscape architect or certified interior designer, and the
remainder of said stock may be issued only to and held by individuals who are
employees of the corporation whether or not such employees are licensed or
otherwise authorized to render professional services. No other professional
corporation may issue any of its capital stock to anyone other than an
individual who is duly licensed or otherwise legally authorized to render the
same specific professional services as those for which the corporation was
incorporated. Notwithstanding the above limitations a professional corporation
may issue its stock to a partnership each of the partners of which is duly
licensed or otherwise legally authorized to render the same professional
services as those for which the corporation was incorporated.
It is further provided, as an additional prerequisite for a corporation
engaging in the practice of the professions of architecture, professional
engineering, land surveying, or certified landscape architecture or certified
interior design, or any combination thereof, that such corporation shall secure
a certificate of authority, which may be renewable and may be either general or
limited, from the Board for Architects, Professional Engineers, Land Surveyors,
Certified Interior Designers and Landscape Architects. Such certificate of
authority shall be issued or renewed by the Board when in its discretion such
corporation is in compliance with rules and regulations which shall be
promulgated by the said Board consistent with its jurisdiction to provide
adequate safeguards for the public's health, welfare and safety. The fees for a
certificate of authority as described above shall be the same fees as provided
for in Chapter 4 (§ 54.1-400 et seq.) of Title 54.1.
§ 13.1-1111. Qualifications of members and managers; special provisions for limited liability companies rendering service of architects, professional engineers, land surveyors and certified landscape architects.
Not less than two-thirds of the membership interests of a professional limited
liability company rendering the services of architects, professional engineers,
land surveyors, andcertified landscape architects and certified interior
designers, or any combination thereof, shall be held by individuals
or professional business entities duly licensed or otherwise legally authorized to
render the services of architects, professional engineers, land surveyors, or
certified landscape architects or certified interior designers, and the
remainder of the membership interests may be held only by individuals who are employees of the
professional limited liability company whether or not those employees are
licensed or otherwise authorized to render professional services. No other
professional limited liability company may have as a member anyone other than
an individual or a professional business entity that is duly licensed or
otherwise legally authorized to render the same professional services as those
for which the professional limited liability company was organized.
As an additional prerequisite for a professional limited liability company's
engaging in the practice of the professions of architecture, professional
engineering, land surveying, or certified landscape architecture or certified
interior design, or any combination thereof, that professional limited
liability company shall secure a certificate of authority, which may be
renewable and may be either general or limited, from the Board for Architects,
Professional Engineers, Land Surveyors, Certified Interior Designers and
Landscape Architects. The certificate of authority shall be issued or renewed
by the Board when in its discretion the professional limited liability company
is in compliance with rules and regulations which shall be promulgated by the
Board consistent with its jurisdiction to provide adequate safeguards for the
public's health, welfare and safety. The fees for a certificate of authority as
described above shall be the same fees as provided for in Chapter 4 (§ 54.1-400
et seq.) of Title 54.1.
§ 54.1-411. Organization for practice; registration.
A. Nothing contained in this chapter or in the regulations of the Board shall prohibit the practice of architecture, engineering, land surveying or the offering of the title of certified landscape architecture or certified interior design by any corporation, partnership, sole proprietorship, limited liability company, or other entity provided such practice or certification is rendered through its officers, principals or employees who are correspondingly licensed or certified. No such organization shall limit the liability of any licensee or certificate holder for damages arising from his acts or limit such corporation, partnership, sole proprietorship, limited liability company, or other entity from liability for acts of its employees or agents. No such corporation, partnership, sole proprietorship, limited liability company, or other entity, or any affiliate thereof, shall, on its behalf or on behalf of any such licensee or certificate holder, be prohibited from (i) purchasing or maintaining insurance against any such liability; (ii) entering into any indemnification agreement with respect to any such liability; or (iii) receiving indemnification as a result of any such liability.
B. Except for professional corporations holding a certificate of authority issued in accordance with § 13.1-549, professional limited liability companies holding a certificate of authority issued in accordance with § 13.1-1111, and sole proprietorships that do not employ other individuals for which licensing is required, any person, corporation, partnership, limited liability company, or other entity offering or rendering the practice of architecture, engineering, land surveying or offering the title of certified landscape architecture or certified interior design shall register with the Board. As a condition of registration, the entity shall name at least one licensed architect, professional engineer, land surveyor or certified landscape architect or certified interior designer for such profession offered or rendered. The person or persons named shall be responsible and have control of the regulated services rendered by the entity.
C. The Board shall adopt regulations governing the registration of persons, corporations, partnerships, limited liability companies, sole proprietors and other entities as required in subsections A and B which:
1. Provide for procedural requirements to obtain and renew registration on a periodic basis;
2. Establish fees for the application and renewal of registration sufficient to cover costs;
3. Assure that regulated services are rendered and controlled by persons authorized to do so; and
4. Ensure that conflicts of interests are disclosed.