Firm licensure is required in addition to the individual professional’s license, if services will be offered or performed in North Carolina.
The North Carolina Board of Landscape Architects administers the Landscape Architect Practice Act, Chapter 89A, and certain provisions of the Professional Corporation Act, Chapter 55B and the Limited Liability Company Act, Chapter 57D, of the North Carolina General Statutes.
The Professional Corporation Act (N.C.G.S. § 55B) and the North Carolina Limited Liability Company Act (N.C.G.S. § 57D), require all Corporations or Limited Liability Companies [Domestic (in-state) or Foreign (out-of-state)], Incorporated/Organized after June 5, 1969, to register in North Carolina as a Professional Corporation or a Professional Limited Liability Company. Meeting the qualifications as a Foreign Professional Corporation or Foreign Professional Limited Liability Company in North Carolina does not change the way the firm is incorporated/organized in their home state, nor does it change the company’s tax status. In order to qualify, the corporation or limited liability company must meet the requirements of N.C.G.S. § 55B, which requires the firm to be at least 2/3 owned by the Licensees (in the profession(s) authorized/or seeking authorization in North Carolina). There must be at least one North Carolina Licensee for each profession who is an Officer, Director (Board of Directors) and Shareholder (corporations) or a Member, Manager and Interest holder (Limited Liability Company). Up to 1/3 of the firm may be owned by non-licensed employees (must be employees). No other company may be an owner of the firm. All owners of the firm must be individual persons. In the case of foreign corporations, the NC licensed landscape architect is not required to be a shareholder.
Firm licensure is a 3-step process. All entities must apply to the Board before filing with the NC Secretary of State. Subsequent to an application being processed by Board staff, a certificate will be issued and sent to the firm, which is to be used in conjunction with filing the appropriate document with the NC Secretary of State. Once the Secretary of State document is filed and returned to the firm, a copy of that filed document must be forwarded to the Board along with the initial license fees, at which time a Firm License number will be issued to the firm allowing them to practice in the state. The documents issued by the NC Secretary of State do not authorize the firm to practice or offer to practice any professional services.
To determine which application the firm must use to apply for licensure, review the Corporate License Chart.