Current through Register Vol. 48, No. 38, September 20, 2024
a)
Persons who desire to practice architecture in this State in the form of a
corporation, professional service corporation, partnership, professional
limited liability company, limited liability company, limited liability
partnership, or sole proprietorship (if the sole proprietorship is conducting
or transacting business under an assumed name in accordance with the Assumed
Business Name Act [805 ILCS 405]) shall, in accordance with Section 21 of the
Act, file an application with the Division, on forms provided by the Division,
together with the following:
1) For
Corporations or Professional Service Corporations. (Registration as a
professional design firm shall meet the registration requirements of Section 12
of the Professional Service Corporation Act [805 ILCS
10/12].)
A) The name
of the corporation and its registered address, the names of all members of the
board of directors, and the name of the state and license number for each
director who is licensed as an architect, structural engineer, professional
engineer or land surveyor. To qualify under Section 21 of the Act, at least
two-thirds of the board of directors shall be licensed design professionals and
at least one shall be an Illinois licensed architect;
B) A copy of the Articles of Incorporation
bearing the seal of the office, in the jurisdiction in which the corporation is
organized, whose duty it is to register corporations under the laws of that
jurisdiction. If it is a foreign corporation, a copy of the certificate of
authority to transact business in this State issued by the Secretary of State
is also required. The purpose clause of the Articles of Incorporation or the
certificate of authority shall designate that the corporation is authorized to
provide architectural services. Each corporation shall remain active and in
good standing with the Secretary of State in order to maintain a professional
design firm registration;
C) A
signed and dated resolution adopted by the board of directors designating a
member of the board of directors who is an Illinois licensed architect and
full-time employee of the corporation as the managing agent in charge of the
architectural activities in this State. The Illinois license number of the
architect designated as the managing agent shall also be included in the
resolution;
D) A copy of the
authority to transact business under the Assumed Business Name Act issued by
the Secretary of State for any assumed names of the corporation, if applicable;
and
E) A certificate of good
standing from the Secretary of State and copy of the latest annual report, if
applicable.
2) For
Partnerships
A) General
i) A copy of the signed and dated partnership
agreement containing the name of the partnership, its business address and the
names of all general partners. The name of the state in which each partner is
licensed and the license number of each general partner who is licensed as an
architect, structural engineer, professional engineer or land surveyor shall be
listed on the application. To qualify under Section 21 of the Act, two-thirds
of the general partners shall be licensed in any state or territory and at
least one partner shall be an Illinois licensed architect.
ii) A signed and dated resolution adopted by
the general partners designating the general partner who is an Illinois
licensed architect and a regular full-time employee of the partnership as the
managing agent in charge of the architectural activities in this State. The
Illinois license number of the architect designated as the managing agent shall
also be included in the resolution.
iii) A copy of the partnership documentation
bearing the stamp of the county clerk where the partnership has been
filed.
iv) A letter or certificate
from the county clerk where an assumed name has been filed, if
applicable.
B) Limited
Partnership
i) A copy of the signed and dated
partnership agreement indicating it has been filed with the Secretary of State
authorizing the partnership to provide architectural services. The partnership
agreement shall contain the name of the partnership, its business address and
the names of all partners. The name of the state in which each partner is
licensed and the license number shall be listed on the application. To qualify
under Section 21 of the Act, at least two-thirds of the board of directors
shall be licensed design professionals and at least one shall be an Illinois
licensed architect.
ii) A signed
and dated resolution adopted by the general partners designating the general
partner who is an Illinois licensed architect and a full-time employee of the
partnership as the managing agent in charge of the architectural activities in
this State. The Illinois license number of the architect designated as the
managing agent shall also be included in the resolution.
iii) A copy of the authority to transact
business under the Assumed Business Name Act issued by the Secretary of State
for any assumed names of the partnership, if applicable.
iv) A certificate of good standing from the
Secretary of State and a copy of the latest annual report, if
applicable.
3) For Professional Limited Liability
Company, Limited Liability Companies, or Limited Liability Partnerships.
A) An application containing the name of the
professional limited liability company, limited liability company, or
partnership, the business address and the members or partners of the
company/partnership, the name of the state in which each is licensed and the
license number of each member/partner. To qualify under Section 21 of the Act,
at least two-thirds of the members or general partners shall be licensed in any
state or territory and at least one shall be an Illinois licensed
architect.
B) A signed and dated
resolution of the members or partners designating a member of the
company/partnership who is an Illinois licensed architect and a regular
full-time employee as the managing agent in charge of the architectural
activities in this State. The license number shall be included in the
resolution.
C) A copy of the
operating agreement or partnership agreement filed with the Secretary of State
stating the company or partnership is authorized to offer architectural
services.
D) For any assumed name,
a copy of the authority to transact business under the Assumed Business Name
Act issued by the Secretary of State.
E) A certificate of good standing from the
Secretary of State and a copy of the latest annual report, if
applicable.
4) For Sole
Proprietorships with an Assumed Name. (A sole proprietorship operating under
the name of the licensee is not required to register as a professional design
firm.)
A) An application containing the name
of the sole proprietorship and its business address and the name and license
number of the architect who owns and operates the business.
B) A letter or certificate received from the
county clerk where an assumed name has been filed.
5) A list of all office locations in Illinois
at which the corporation, professional service corporation, professional
limited liability company, limited liability company/partnership, partnership
or sole proprietorship provides architectural services. Each individual
architectural office maintained for the preparation of drawings,
specifications, reports or other professional work shall have a resident
architect, licensed in Illinois and regularly employed in that office full-time
who shall be responsible for overseeing professional work, and who shall serve
as resident architect for that office only. Nothing in this Section shall
relieve the managing agent in charge of architectural activities in this State
of any legal responsibility for the overall supervision of the individual
architectural offices.
6) A list of
all assumed names used by the corporation, limited liability company,
partnership or sole proprietorship.
7) The fee required in Section
1150.75.
b) A professional design firm may designate
more than one managing agent in charge of architectural activities. However, a
licensee designated as managing agent may not serve as managing agent for more
than one corporation, professional service corporation, professional limited
liability company, limited liability company/partnership, or partnership doing
business in Illinois.
c) Upon
receipt of a completed application, the Division shall issue a registration
authorizing the corporation, professional service corporation, limited
liability company/partnership, partnership or sole proprietorship to engage in
the practice of architecture or notify the applicant in writing of the reason
for the denial of the application.
d) Each corporation, professional service
corporation, professional limited liability company, limited liability
company/partnership, partnership or sole proprietorship shall be responsible
for notifying the Division within 30 days after any changes in:
1) The membership of the board of directors,
members/partners of the limited liability company/partnership or of the general
partners;
2) The licensure status
of any of the general partners, members/partners of the limited liability
company/partnership or any of the design professional members of the board or
partners; and
3) An assumed
name.
e) Each
corporation, professional service corporation, professional limited liability
company, limited liability company/partnership, or partnership shall be
responsible for notifying the Division, in writing, by certified mail, within
10 business days after the termination or change in status of the managing
agent. Thereafter, the corporation, professional service corporation limited
liability company/partnership or partnership, if it has so informed the
Division, has 30 days to notify the Division of the name and license number of
the architect licensed in Illinois who is the newly designated managing
agent.
f) Failure to notify the
Division as required in subsections (c) and (d) or any failure of the
corporation, professional service corporation, professional limited liability
company, limited liability company, or partnership to continue to comply with
the requirements of Section 21 of the Act will subject the corporation or
partnership to the loss of its registration to practice architecture in
Illinois.
g) Sole Proprietorships.
Any sole proprietorship owned and operated by an architect who has an active
Illinois license is exempt from the registration requirement of a professional
design firm. However, if the sole proprietorship operates under an assumed
name, the sole proprietor shall file an application in accordance with
subsection (a)(4) as a professional design firm with the Division indicating
all assumed names utilized. A sole proprietorship shall notify the Division of
any assumed name changes. Any sole proprietorship not owned and operated by an
Illinois licensed architect shall be prohibited from offering architectural
services to the public.
h) In
addition to the seal requirements in Section 14 of the Act, all documents or
technical submissions prepared by the design firm shall contain the design firm
registration number issued by the Division.
