Section 590. Application requirements

A. All applicants shall have a certificate of organization in the Commonwealth of Virginia or, if a foreign professional limited liability company, shall have a certificate of authority to conduct business in Virginia from the State Corporation Commission, in accordance with § 13.1-1105 of the Code of Virginia. The company shall be in good standing with the State Corporation Commission at the time of application to the board and at all times when the board registration is in effect.

B. Each application shall include a copy of the articles of organization or operating agreement. Applications shall also include additional information as follows:

1. Applicants organized as a professional limited liability company in Virginia shall provide a copy of the certificate of organization.

2. Applicants organized as a professional limited liability company in a state other than Virginia shall provide a copy of the certificate of authority issued by the Virginia State Corporation Commission.

C. Articles of organization or operating agreement.

1. The articles of organization or operating agreement shall state the specific purpose of the professional limited liability company.

2. The articles of organization or operating agreement shall affirmatively state that the professional limited liability company meets the requirements of § 13.1-1111 of the Code of Virginia.

3. The articles of organization or operating agreement shall attest that all members, managers, employees and agents who render professional services of architects, professional engineers, land surveyors, or landscape architects, or use the title of certified interior designers, are duly licensed or certified to provide those services.

4. The person executing the affidavit shall sign it and state beneath his signature his name and the capacity in which he signs. If the person signing the affidavit is not a manager of the PLLC, the affidavit shall also state that the individual has been authorized by the members of the PLLC to execute the affidavit for the benefit of the company.

D. Management of the PLLC.

1. Pursuant to § 13.1-1118 of the Code of Virginia, unless the articles of organization or operating agreement provides for management of the PLLC by a manager or managers, management shall be vested in its members.

2. Any manager or member must be licensed to render the same professional services within the Commonwealth for which the company was formed. These members or managers shall be the only members or managers authorized to supervise and direct the provision of professional services within the Commonwealth.

3. At least one member or manager currently licensed or certified in each profession offered or practiced shall be resident at the business to provide effective supervision and control of the final professional product.

E. The name of the business and any assumed, fictitious, trading as, or doing business as names of the firm shall be disclosed on the application.

F. Any branch office offering or rendering professional services shall complete a branch office registration application from the board. Each branch office shall have a resident responsible person at the branch office for each profession offered or rendered.

Historical Notes

Derived from VR130-01-2 § 9.3, eff. October 18, 1985; amended, Volume 04, Issue 08, eff. March 1, 1988; Volume 06, Issue 20, eff. September 1, 1990; Volume 07, Issue 14, eff. May 8, 1991; Volume 08, Issue 07, eff. February 1, 1992; Volume 10, Issue 15, eff. May 19, 1994; Volume 16, Issue 03, eff. December 1, 1999; Volume 18, Issue 07, eff. March 1, 2002; Volume 23, Issue 01, eff. February 1, 2007; Volume 26, Issue 04, eff. July 1, 2010; Volume 32, Issue 06, eff. January 1, 2016.

Statutory Authority

§§ 54.1-201 and 54.1-404 of the Code of Virginia.