Current through Register Vol. 48, No. 38, September 20, 2024
a)
Persons who desire to practice professional engineering 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 23
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 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 this State issued by the Secretary of State
is also required. The purpose clause of the Articles of Incorporation or
certificate of authority shall designate that the corporation is authorized to
provide professional engineering 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 professional engineer as the managing
agent in charge of the professional engineering activities in Illinois. The
Illinois license number of the professional engineer 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 professional engineering
services. The agreement shall contain 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 as a design professional and the license number shall
be listed on the application.
ii) A
signed and dated resolution of the general partners designating a regular
full-time employee of the partnership who is an Illinois licensed professional
engineer as the managing agent in charge of the professional engineering
activities in this State. The license number of the managing agent shall 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 professional engineering services. The
partnership agreement shall contain the name of the partnership, its business
address and the name of each partner. 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 professional engineer
in this State as the managing agent in charge of the professional engineering
services. The Illinois license number of the professional engineer 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 company, limited liability company, or
partnership, the business address and the members/partners of the
company/partnership, the name of the state in which each is licensed and the
license number of each design professional who is a member or
partner.
B) A signed and dated
resolution of the members or partners designating a regular full-time employee
of the company who is an Illinois licensed professional engineer as the
managing agent in charge of the professional engineering activities in this
State. The 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 professional
engineering services.
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 professional limited
liability company, limited liability company, or partnership, if
applicable.
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) An application containing the name of
the sole proprietorship and its business address and the name and Illinois
license number of the professional engineer who owns and operates the
business.
B) A letter or
certificate 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 company, limited liability
company/partnership, partnership or sole proprietorship provides engineering
services.
6) The fee required in
Section 1380.275.
b) A professional design firm may designate
more than one managing agent in charge of professional engineering 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 company, limited liability company/partnership,
or partnership doing business in Illinois.
c) Upon receipt of the documents listed in
subsection (a) and review of the application, the Division shall issue a
registration authorizing the corporation, professional service corporation,
professional limited liability company, limited liability company/partnership,
partnership, or sole proprietorship to engage in the practice of professional
engineering or notify the applicant 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 professional limited liability company,
limited liability company/partnership, or the general partners;
2) The licensure status of the general
partners, members/partners of the professional limited liability company,
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 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, professional limited liability
company, 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 professional engineer 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, professional
limited liability company, limited liability company/partnership, or
partnership to continue to comply with the requirements of Section 23 of the
Act will subject the corporation, limited liability company or partnership to
the loss of its registration to practice professional engineering in
Illinois.
g) Sole Proprietorships.
A sole proprietorship who is conducting or transacting business under the real
name of the professional engineer who has an active Illinois license will not
be required to file an application and comply with the requirements set forth
in this Section. However, if the sole proprietorship operates under an assumed
name, the sole proprietor shall file an application in accordance with
subsection (a)(4). Any sole proprietorship not owned and operated by an
Illinois licensed professional engineer shall be prohibited from offering
professional engineering 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.
