Section 9.162. Firm practice

The practice of architecture may be conducted in one of the following business forms:

(1) A sole proprietorship, when the owner is a licensee of the Board.

(2) A partnership (general or limited liability) or professional association, when the following exist:

(i) At least two-thirds of the partners or members are licensed in a state to practice architecture, engineering or landscape architecture.

(ii) At least one-third of the partners or members are licensed in a state to practice architecture.

(iii) At least one partner or member is a licensee of the Board.

(3) A professional corporation, when the following exist:

(i) Every shareholder is licensed in a state to practice architecture, engineering or landscape architecture.

(ii) At least one shareholder is a licensee of the Board.

(4) A business corporation, when the following exist:

(i) At least two-thirds of the directors are licensed in a state to practice architecture, engineering or landscape architecture.

(ii) At least one-third of the directors are licensed in a state to practice architecture.

(iii) At least one director is a licensee of the Board.

(iv) At least two-thirds of each class of voting stock issued or outstanding at one time are owned by architects, engineers or landscape architects.

(v) At least one-third of each class of voting stock issued or outstanding at one time are owned by individuals licensed in a state to practice architecture.

(5) A limited liability company, when the following exist:

(i) At least two-thirds of the members if managed by members or at least two-thirds of the managers if managed by managers are licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(ii) At least one-third of the members if managed by members or at least one-third of the managers if managed by managers are licensed under the laws of any state to practice architecture.

(iii) At least one member or manager is a licensee of the Board.

(iv) At least two-thirds of all classes of voting membership at any one time shall be owned by an individual licensed under the laws of any state to practice architecture, engineering or landscape architecture.

(v) At least one-third of all classes of voting membership at any one time shall be owned by an individual licensed under the laws of any state to practice architecture.

The provisions of this § 9.162 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended January 9, 2004, effective January 10, 2004, 34 Pa.B. 235. Immediately preceding text appears at serial pages (261690) and (246271).

Notation

Authority

The provisions of this § 9.162 amended under sections 5(a), 6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of the Architects Licensure Law (63 P. S. § § 34.5(a), 34.6(a), (c) and (d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and 34.14).

Cross References

This section cited in 49 Pa. Code § 9.163 (relating to prior approval by the Board); 49 Pa. Code § 9.164 (relating to exception for two owners); and 49 Pa. Code § 9.175 (relating to firm or business names).