Current through Register Vol. 48, No. 38, September 20, 2024
a)
Persons who desire to practice structural 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 19 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 the
certificate of authority shall designate that the corporation is authorized to
provide structural engineering services. Each corporation shall remain active
and in good standing with the Secretary of State in order to maintain
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 has an active Illinois structural engineer license as the
managing agent in charge of the structural engineering activities in Illinois.
The Illinois license number of the structural 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 structural 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 adopted by the general partners designating a
regular full-time employee of the partnership who has an active Illinois
structural engineer license as the managing agent in charge of the structural
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 signed and dated copy of the
partnership agreement indicating that it has been filed with the Secretary of
State authorizing the partnership to provide structural 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 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 has an active Illinois structural engineer license as the
managing agent in charge of the structural engineering activities in this
State. The Illinois license number of the managing agent shall 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/partnership,
the business address and the members/partners of the company/partnership, the
name of the state and the license number of each design professional who is a
member or partner.
B) A copy of the
resolution of the members' or partners' operating agreement or partnership
agreement filed with the Secretary of State stating the company or partnership
is authorized to offer structural engineering services.
C) A signed and dated resolution of the
members or partners designating a regular full-time employee of the company who
has an active Illinois structural engineer license as the managing agent in
charge of the structural engineering activities in this State. The license
number of the managing agent shall 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 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 structural 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
office locations in Illinois at which the corporation, professional service
corporation, professional limited liability company, limited liability
company/partnership, partnership or sole proprietorship provides structural
engineering services.
6) The fee
required in Section 1480.195.
b) A professional design firm may designate
more than one managing agent in charge of structural 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, except when an entity is created as
a joint venture of 2 or more professional design firms for a specific project.
The managing agents designated by the professional design firms may be
designated as the managing agents for the participating firms in the joint
venture.
c) Upon receipt of the
documents required by 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 structural 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
structural engineer members of the board of directors; and
3) An assumed name.
e) Each corporation, professional limited
liability company, limited liability company/partnership, professional service
corporation 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 structural 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, partnership or sole proprietorship to
continue to comply with the requirements of Section 19 of the Act will subject
the corporation, professional limited liability company, limited liability
company or partnership to the loss of its registration to practice structural
engineering in Illinois.
g) Sole
Proprietorships. Any sole proprietorship owned and operated by a structural
engineer who has an active Illinois license is exempt from the registration
requirements 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) with the Division. A sole proprietorship
shall notify the Division of all assumed name changes. Any sole proprietorship
not owned and operated by an Illinois licensed structural engineer shall be
prohibited from offering structural engineering services to the
public.
h) In addition to the seal
requirements in Section 12 of the Act, all documents or technical submissions
prepared by the design firm shall contain the design firm registration number
issued by the Division.
