Okla. Stat. tit. 59, § 46.9
Professions Subject to this Act - Certificate of Authority - Registration of Trade Name or Service Mark
Effective Jul 1, 1998Laws 1947, HB 149, p. 351, § 12, emerg. eff. April 16, 1947; Amended by Laws 1963, SB 336, c. 178, § 1, emerg. eff. June 10, 1963; Amended by Laws 1981, HB 1192, c. 320, § 4; Amended by Laws 1983, HB 1097, c. 21, § 2, emerg. eff. July 1, 1983; Amended by Laws 1986, SB 573, c. 154, § 6, emerg. eff. July 1, 1986; Amended by Laws 1986, HB 1879, c. 287, § 13, emerg. eff. July 1, 1986; Renumbered from 59 O.S. § 45.12 by Laws 1986, HB 1879, c. 287, § 30, emerg. eff. July 1, 1986; Amended by Laws 1998, HB 2405, c. 220, § 7, emerg. eff. July 1, 1998 (superseded document available).
A. The practice of architecture or offering to practice architecture for others by persons registered 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 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 architectural 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 or registered under The State Architectural Act;
- 3. All personnel of said partnership, firm, association, corporation, limited liability company or limited liability partnership which act in its behalf as architects practicing architecture in the state are registered under The State Architectural 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 Act.
- C. A partnership, firm, association, corporation, limited liability company or limited liability partnership desiring to practice architecture shall file with the Board an application for a certificate of authority on a form approved by the Board which shall include the names, addresses, state of registration and registration number of all partners, directors, officers, members, managers or principals of the partnership, firm, association, corporation, limited liability company or limited liability partnership. 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 duly registered as an architect to practice architecture in this state through said partnership, firm, association, corporation, limited liability company or limited liability partnership 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 Act, not practicing architecture 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 princials by reason of its compliance with the provisions of this section, or shall any individual practicing architecture or landscape architecture 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 to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Architect", "Architectural", "Architecture" or any modification or derivation of the word "Architect", unless the Board has issued for said applicant either a certificate of authority for a firm, or a letter indicating the eligibility of such applicant who is licensed as an individual to practice pursuant to The State Architectural Act. The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
- G. The Secretary of State shall not issue a certificate of incorporation to an applicant or a registration as a foreign firm to a firm which includes among the objectives for which it is established any of the words "Landscape Architect", or "Landscape Architecture", unless the Board has issued for said applicant either a certificate of authority for a firm, or a letter indicating the eligibility of such applicant who is licensed to practice pursuant to The State Architectural Act. The firm applying shall supply such certificate or letter from the Board with its application for incorporation or registration.
- H. The Secretary of State shall not register any trade name or service mark which includes such words, as set forth in subsection F or G of this section, or modifications or derivatives thereof in its firm name or logotype except those firms or individuals holding certificates of authority issued under the provisions of this section or letters of eligibility issued by the Board.
- I. Upon application for renewal and upon compliance with the provisions of The State Architectural Act and the rules of the Board, a certificate of authority shall be renewed as provided in this act.
Laws 1947, HB 149, p. 351, § 12, emerg. eff. April 16, 1947; Amended by Laws 1963, SB 336, c. 178, § 1, emerg. eff. June 10, 1963; Amended by Laws 1981, HB 1192, c. 320, § 4; Amended by Laws 1983, HB 1097, c. 21, § 2, emerg. eff. July 1, 1983; Amended by Laws 1986, SB 573, c. 154, § 6, emerg. eff. July 1, 1986; Amended by Laws 1986, HB 1879, c. 287, § 13, emerg. eff. July 1, 1986; Renumbered from 59 O.S. § 45.12 by Laws 1986, HB 1879, c. 287, § 30, emerg. eff. July 1, 1986; Amended by Laws 1998, HB 2405, c. 220, § 7, emerg. eff. July 1, 1998 (superseded document available).