Ill. Admin. Code tit. 68 § 1150.80

Current through Register Vol. 48, No. 50, December 13, 2024

Section 1150.80 - Professional Design Firm

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.

Ill. Admin. Code tit. 68, § 1150.80

Amended at 33 Ill. Reg. 11477, effective July 22, 2009

Amended at 46 Ill. Reg. 19600, effective 11/23/2022