§ 9.163. Prior approval by the Board.
The practice of architecture may not be conducted in one of the business forms specified at § 9.162 (relating to firm practice) without first receiving the written approval of the Board. Written approval shall be sought by submitting a completed application on forms provided by the Board along with the following documents to the Board:
(1) A copy of the completed Fictitious Name Application, Articles of Incorporation, Articles of Association, Partnership Agreement, Certificate of Authority or other relevant agreement or contract of association. If none of these documents apply to the particular business structure, composition or name of the firm, the rest of the filing requirements in this section shall be complied with.
(2) A copy of the proposed letterhead, containing thereon the names of the principals, followed by credentials indicating their respective professions, as well as the word ‘‘architect’’ or some derivation thereof as part of the name of the business, or as a subtitle thereto. At least one of the principals listed shall be a licensee of the Board. For purpose of this paragraph, ‘‘principal’’ means an officer, principal stockholder or person having a substantial interest in or management responsibility for an architectural practice.
(3) A complete list of the names of the individuals interested in the business as proposed, with specification for each as to profession, license number and state of licensure, if applicable, and percent of ownership. The list shall contain or have appended to it certification that the referenced licensed professionals are currently licensed by and in good standing with their state of licensure.
(4) Certification in writing that the owners will notify the Board prior to changes in the proposed ownership of the business, whenever the changes are contemplated. Proposed changes shall be reviewed and approved in writing by the Board prior to their implementation.
Authority The provisions of this § 9.163 amended under sections 5(a), 6(a)—(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)—(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).
Source The provisions of this § 9.163 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273; amended January 9, 2004, effective January 10, 2004, 24 Pa.B. 235. Immediately preceding text appears at serial pages (246271) to (246272).
Cross References This section cited in 49 Pa. Code § 9.171 (relating to the title ‘‘Architect’’); 49 Pa. Code § 9.176 (relating to the use of associates or unlicensed persons in firm names); and 49 Pa. Code § 43b.11a (relating to schedule of civil penalties—architects).
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