Current through Register Vol. 48, No. 38, September 20, 2024
a)
Persons who desire to practice land surveying in the State of Illinois in the
form of a corporation, professional service corporation, partnership,
professional limited liability company, limited liability company or 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 ]) pursuant to Section 25 of the Act,
shall 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 officers, and the name of the state and license number
for each director who is a licensed design professional.
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 the State of Illinois 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 land surveying 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 of the board
of directors of the corporation designating a regular full-time employee of the
corporation who is an Illinois licensed land surveyor as the managing agent in
charge of the land surveying activities in Illinois. The Illinois license
number of the land surveyor 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.
E) A certificate of
good standing from the Secretary of State and a copy of the latest annual
report, if applicable.
2) For Partnerships
A) General
i) A copy of the signed and dated partnership
agreement authorizing the partnership to provide land surveying 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 as a design professional and the license number shall be
listed on the application.
ii) A
signed and dated resolution adopted by the general partners designating a
regular full-time employee of the partnership who is an Illinois licensed land
surveyor as the managing agent in charge of the land surveying activities in
this State. The Illinois license number of the land surveyor 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 that it has been filed with the Secretary of
State authorizing the partnership to provide land surveying 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 as a design professional and the license number shall be
listed on the application.
ii) A
signed and dated resolution adopted by the partners designating a full-time
employee of the partnership who is an Illinois licensed land surveyor in this
State as the managing agent in charge of land surveying activities. The
Illinois license number of the land surveyor designated as the managing agent
shall also be included in the resolution.
iii) A certificate of good standing from the
Secretary of State and a copy of the latest annual report, if
applicable.
iv) 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.
3) For Professional Limited Liability
Companies, Limited Liability Companies or Limited Liability Partnerships
A) An application containing the name of the
Professional Limited Liability Companies, limited liability company or
partnership, the business address and the members/partners of the
company/partnership, the name of the state and the license number of each
member/partner licensed as a design professional.
B) A signed and dated resolution of the
members or partners designating a full-time employee who is an Illinois
licensed land surveyor as the managing agent in charge of the land surveying
activities in this State. The Illinois license number of the managing agent
shall also 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 land surveying services.
D) A certificate of good standing from the
Secretary of State and a copy of the latest annual report, if
applicable.
E) 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 limited liability company
or partnership, if applicable.
4) For Sole Proprietorships with an Assumed
Name
A) An application containing the name of
the sole proprietorship and its business address and the name and Illinois
license number of the land surveyor 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
Illinois office locations at which the corporation, professional service
corporation, Professional Limited Liability Companies, limited liability
company/partnership, partnership or sole proprietorship provides land surveying
services. Any professional services corporation, sole proprietorship,
or professional design firm offering land surveying services must have a
resident land surveyor overseeing the land surveying practices in each Illinois
location in which land surveying services are provided. (Section 25(h)
of the Act) A resident professional land surveyor shall be assigned to
supervise land surveying operations in only one Illinois office. Each resident
professional land surveyor shall conduct his or her daily business in his or
her assigned office or field locations.
6) The fee required in Section
1270.52.
b) A professional design firm may designate
more than one managing agent in charge of land surveying activities. However, a
licensee designated as the managing agent may not serve as a managing agent for
more than one corporation, professional service corporation, Professional
Limited Liability Companies, limited liability company/partnership, or
partnership doing business in Illinois.
c) Upon receipt of the above documents and
review of the application, the Division shall issue a registration authorizing
the corporation, professional service corporation, Professional Limited
Liability Companies, limited liability company/partnership, partnership or sole
proprietorship to engage in the practice of land surveying or notify the
applicant in writing of the reason for the denial of the application.
d) Each corporation, professional service
corporation, Professional Limited Liability Companies, limited liability
company/partnership, partnership or sole proprietorship with an assumed name
shall be responsible for notifying the Division in writing within 30 days after
any changes in:
1) The membership of the
board of directors, members/partners of the limited liability
company/partnership or 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 licensed design professional members of the board of directors;
and
3) An assumed name.
e) Each corporation, professional
service corporation, Professional Limited Liability Companies, 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, Professional Limited Liability
Companies, 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 land surveyor licensed in Illinois who is the newly
designated managing agent.
f) Any
failure to notify the Division as required in subsections (d) and (e) or any
failure of the corporation, professional service corporation, limited liability
company/partnership or partnership to continue to comply with the requirements
of Section 25 of the Act will subject the corporation, limited liability
company/partnership or partnership to the loss of its registration to practice
land surveying in Illinois.
g) Sole
Proprietorships. Any sole proprietorship owned and operated by a land surveyor
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 proprietorship shall file an application in
accordance with subsection (a)(4). Any sole proprietorship not owned and
operated by an Illinois licensed land surveyor shall be prohibited from
offering land surveying services to the public.
h) In addition to the seal requirements in
Section 15 of the Act, all documents or technical submissions prepared by the
professional design firm shall contain the professional design firm
registration number issued by the Division.
