Connecticut General Statutes 20-298b – Practice of architecture by corporations
(a) The practice of architecture or the offer to practice architecture in this state by individual licensed architects under the corporate form or by a corporation, a material part of the business of which includes architecture, is permitted, provided (1) such personnel of such corporation act on its behalf as architects and its chief executive officer is licensed under the provisions of this chapter, (2) if such corporation is a professional corporation, not less than two-thirds of the voting stock thereof is held by an individual or individuals who are licensed under the provisions of this chapter, and (3) such corporation has been issued a certificate of authorization by the board. If such professional corporation has adopted an employee stock ownership plan, as defined in Section 4975(e)(7) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time, for purposes of meeting the two-thirds ownership requirement for professional corporations, voting stock held by such employee stock ownership plan shall be accepted in lieu of, or in addition to, the amount of voting stock held by the licensees of such professional corporation, provided not less than two-thirds of the trustees of such employee stock ownership plan are licensed under the provisions of this chapter. No such corporation shall be relieved of responsibility for the conduct or acts of its agents, employees or officers by reason of its compliance with the provisions of this section, nor shall any individual practicing architecture be relieved of responsibility for architectural services performed by reason of his or her employment or relationship with such corporation.
Terms Used In Connecticut General Statutes 20-298b
- Architect: means a person who engages in the practice of architecture. See Connecticut General Statutes 20-288
- Board: means the Architectural Licensing Board appointed under the provisions of §. See Connecticut General Statutes 20-288
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fraud: Intentional deception resulting in injury to another.
- practice architecture: means rendering or offering to render service by consultation, investigation, evaluations, preliminary studies, plans, specifications and coordination of structural factors concerning the aesthetic or structural design and contract administration of building construction or any other service in connection with the designing or contract administration of building construction located within the boundaries of this state, regardless of whether any person performing such duties is performing one or all of such duties or whether such person is performing them in person or as the directing head of an office or organization performing them. See Connecticut General Statutes 20-288
- Trustee: A person or institution holding and administering property in trust.
(b) A qualifying corporation desiring a certificate of authorization shall file with the board an application upon a form prescribed by the board. Such application shall state (1) the name and address of such corporation, (2) the city or town and the street and number where such corporation is to maintain its principal office in this state, (3) the names and addresses of all of its stockholders, directors and officers, (4) if such corporation is a professional corporation, a statement as to whether or not the holder or holders of at least two-thirds of the voting stock of such corporation are persons holding a license issued by the board, (5) if such corporation has adopted an employee stock ownership plan, as specified in subsection (a) of this section, the names and addresses of the trustees of such plan, and (6) such other information as may be required by the board. If such professional corporation has adopted an employee stock ownership plan, as specified in subsection (a) of this section, for purposes of meeting the two-thirds ownership requirement for professional corporations, voting stock held by such employee stock ownership plan shall be accepted in lieu of, or in addition to, the amount of voting stock held by the licensees of such professional corporation, provided not less than two-thirds of the trustees of such employee stock ownership plan are licensed under the provisions of this chapter. The application shall be accompanied by an application fee of fifty dollars. If all requirements of this chapter are met, the board shall issue to such corporation a certificate of authorization within sixty days of such application, provided the board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate. After obtaining such certificate of authorization, any such corporation may practice architecture subject to the regulations adopted under this chapter. All plans, specifications, sketches, drawings and documents pertaining to any such services rendered by the corporation shall be signed and bear the seal of a Connecticut licensed architect in accordance with the provisions of § 20-293 and the regulations adopted under this chapter. Each certificate of authorization issued under this section shall be renewable annually if all requirements of this chapter are met, provided the board may refuse to renew a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate. A professional corporation holding a certificate of authorization under this section shall report any changes in the ownership of its shares of stock, the person holding the chief executive office, or the person or persons, if any, holding the position of employee stock ownership plan trustee to the board within thirty days after any such change.
(c) Any certificate of authorization issued by the board under this section may be suspended, for a period not to exceed one year, or revoked by the board after notice and hearing in accordance with the regulations adopted by the Commissioner of Consumer Protection, if it is shown that: (1) The holder of such certificate of authorization does not conform to the requirements of this section; (2) the certificate was obtained through fraud or misrepresentation; or (3) the chief executive officer, the individual holder of any of the stock of the corporation holding such certificate of authorization, any licensed architect employed by or acting on behalf of such corporation or any trustee of an employee stock ownership plan has been censured or has had his or her certificate of registration suspended or revoked by the board pursuant to the provisions of § 20-294.
(d) Each corporation holding a certificate of authorization under this section shall file with the board a designation of an individual or individuals licensed to practice architecture in this state who shall be in charge of architectural work by such corporation in this state. Such corporation shall notify the board of any change in such designation within thirty days after such change becomes effective.
(e) Nothing in this section shall be construed to prohibit any corporation in existence prior to 1933, whose charter authorizes the practice of architecture, from continuing to make plans and specifications and supervise construction as authorized by § 20-290.
(f) Not less than two-thirds of the individual members of a limited liability company or owners of a professional corporation that practices or offers to practice architectural services in this state shall be individually licensed under the provisions of this chapter and shall own not less than two-thirds of the voting interests of the limited liability company or not less than two-thirds of the voting stock of the professional corporation, provided, in the case of a corporation that practices or offers to practice architectural services that has adopted an employee stock ownership plan as described in subsection (a) of this section, the requirements of this subsection shall be satisfied if such corporation meets the requirements of subsection (a) of this section.