2019 Oklahoma Statutes
Title 59. Professions and Occupations
§59-46.9. Practice through partnership, firm, association, corporation, limited liability company or limited liability partnership - Certificates of authority or title - Foreign entities - Registration of trade name or service mark.

Universal Citation: 59 OK Stat § 59-46.9 (2019)

A. The practice of architecture or landscape architecture or offering to practice these professions for others by persons licensed under this act through a partnership, firm, association, corporation, limited liability company or limited liability partnership as directors, partners, officers, shareholders, employees, managers, members or principals is permitted, subject to the provisions of the State Architectural and Registered Interior Designers Act, provided:

1. One or more of the directors, partners, officers, shareholders, managers, members or principals of said partnership, firm, association, corporation, limited liability company or limited liability partnership is designated as being responsible for the entity's activities and decisions of said partnership, firm, association, corporation, limited liability company or limited liability partnership;

2. Such director, partner, officer, shareholder, manager, member or principal is duly licensed under the State Architectural and Registered Interior Designers Act;

3. All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership which act in behalf of the entity for these professions in the state are licensed under the State Architectural and Registered Interior Designers Act; and

4. Said partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of authority by the Board.

B. The Board shall have the power to issue, revoke, deny, or refuse to renew a certificate of authority for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in the State Architectural and Registered Interior Designers Act.

C. A partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture or landscape architecture shall file with the Board an application for a certificate of authority for each office location performing work on Oklahoma projects on a form approved by the Board which shall include the names, addresses, state of licensure and license number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice. The form shall name an individual having the practice of architecture in such person's charge who is a director, partner, officer, member, manager or principal. The person shall be duly licensed as an architect to practice architecture or licensed as a landscape architect to practice landscape architecture in this state through said partnership, firm, association, corporation, limited liability company or limited liability partnership legally responsible for the entity's practice or services offered and other information required by the Board. In the event there shall be a change in any of these persons during the term of the certification, such change shall be filed with the Board within thirty (30) days after the effective date of said change. If all of the requirements of this section and the Board's current rules have been met, the Board shall issue a certificate of authority to such partnership, firm, association, corporation, limited liability company or limited liability partnership.

D. Any other person licensed pursuant to the State Architectural and Registered Interior Designers Act, not practicing these professions as a partnership, firm, association, corporation, limited liability company or limited liability partnership, shall practice as an individual.

E. No such partnership, firm, association, corporation, limited liability company or limited liability partnership shall be relieved of responsibility for the conduct or acts of its agents, employees, partners, directors, officers, managers, members or principals by reason of its compliance with the provisions of this section, or shall any individual practicing these professions be relieved of responsibility for professional services performed as an individual by reason of such person's employment or relationship with such partnership, firm, association, corporation, limited liability company or limited liability partnership.

F. The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words "Architect", "Architectural", "Architecture", "Landscape Architect", "Landscape Architecture" or any modification or derivation of these words, unless the Board has issued for said applicant either a certificate of authority for an entity, or a letter indicating eligibility for an exemption pursuant to the State Architectural and Registered Interior Designers Act. The entity applying shall supply such certificate or letter from the Board with its application for incorporation or registration.

G. The Secretary of State shall not register any trade name or service mark which includes such words, as set forth in subsection F of this section, or modifications or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of authority issued under the provisions of this section or letters of eligibility issued by the Board.

H. The use of the title "Registered Interior Designer" by a partnership, firm, association, corporation, limited liability company or limited liability partnership is allowed to those entities listed, provided:

1. One or more of the directors, partners, officers, shareholders, members, managers or principals is registered with the Board as a registered interior designer and is in good standing with the Board; and

2. The partnership, firm, association, corporation, limited liability company or limited liability partnership has been issued a certificate of title by the Board.

I. The Board shall have the power to issue, revoke, deny or refuse to renew a certificate of title for a partnership, firm, association, corporation, limited liability company or limited liability partnership as provided for in the State Architectural and Registered Interior Designers Act.

J. A partnership, firm, association, corporation, limited liability company or limited liability partnership shall file with the Board an application for a certificate of title on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all directors, partners, officers, shareholders, members, managers, or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership. In the event there shall be a replacement of any of these persons during the term of certification, the change shall be filed with the Board within thirty (30) days after the effective date of the change. If all the requirements of this section, this act and the current rules of the Board have been met, the Board shall issue a certificate of title to such partnership, firm, association, corporation, limited liability company or limited liability partnership.

K. The Secretary of State shall not issue a certificate of incorporation or register a foreign corporation or any other entity which includes among the objectives for which it is established any of the words "Registered Interior Designer" or any modification or derivation of these words, unless the Board has issued for the applicant either a certificate of title for an entity, or a letter indicating the eligibility for an exemption pursuant to the State Architectural and Registered Interior Designers Act. The firm applying shall supply such certificate of title or letter from the Board with its application for incorporation or registration.

L. The Secretary of State shall not register any trade name or service mark which includes such words as set forth in subsection K of this section, or modification or derivatives thereof in its firm name or logotype except those entities or individuals holding certificates of title issued under the provisions of this section or letters of eligibility issued by the Board.

M. Upon application for renewal and upon compliance with the provisions of the State Architectural and Registered Interior Designers Act and the rules of the Board, a certificate of title shall be renewed as provided in this act.

N. Upon application for renewal and upon compliance with the provisions of the State Architectural and Registered Interior Designers Act and the rules of the Board, a certificate of authority shall be renewed as provided in this act.

Added by Laws 1947, p. 351, § 12, emerg. eff. April 16, 1947. Amended by Laws 1963, c. 178, § 1, emerg. eff. June 10, 1963; Laws 1981, c. 320, § 4; Laws 1983, c. 21, § 2, operative July 1, 1983; Laws 1986, c. 154, § 6, eff. July 1, 1986; Laws 1986, c. 287, § 13, operative July 1, 1986. Renumbered from Title 59, § 45.12 by Laws 1986, c. 287, § 30, operative July 1, 1986. Amended by Laws 1998, c. 220, § 7, eff. July 1, 1998; Laws 2006, c. 163, § 8, eff. July 1, 2006; Laws 2009, c. 184, § 7, eff. July 1, 2009; Laws 2014, c. 234, § 7, eff. July 1, 2014.

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