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North Carolina Board of Examiners of Engineers and Surveyors
The North Carolina Board of Examiners for Engineers and Surveyors is established pursuant to the provisions of Chapter 89C of the North Carolina General Statutes. The Board is responsible for the administration and regulation of the engineering and surveying professions in North Carolina.
Contact
marca mazanekmmazanek@ncbels.org
Director of Licensing and Business Compliance
919-791-2000 ext. 102
http://www.ncbels.org/
Procedures, Laws and Guidelines
Below is a summary of the procedures, laws, and guidelines for obtaining a professional business entity license through the North Carolina Board of Engineers and Surveyor Examiners.
PLEASE SEE THE NC LICENSE BOARD WEBSITE FOR OTHER RELEVANT INFORMATION.
Bookmark the link to NC Board Examiners for Engineers and Surveyors for future reference.
There are four types of business entity applications. Procedures for each entity listed are detailed on the following pages.
- professional corporation- Application for a Professional Corporate License to Practice Engineering and Surveying in North Carolina.
- Professional limited liability company- Application for a Limited Liability Company Professional License to Practice Engineering and Surveying in North Carolina.
- Commercial company (prior to 1969)- Inscrição para Business Enterprise, Limited Liability Company e Limited Partnership License to Practice Engineering and/or Surveying in North Carolina.
- Chapter 87 Corporation- Limited engineering on design/build projects - Applying for a license as a Chapter 87 corporation to practice limited engineering services in North Carolina.
I. Professional Corporation (CP)
To qualify as a Foreign or National Professional Corporation:The company must be owned by at least 2/3 licensed professionals and at least one licensed from each profession offeredhave tobe a North Carolina licensee who is an officer, director y company shareholder. Up to 1/3 of the company may be owned by unlicensed employees. No company can be a PC member.
Step 1: License application
- complete aProfessional Corporate Application, which is available athttp://www.ncbels.org/.
- If he introduces himself asForeign Professional Corporation, use Section A of the instructions. If filing as a Domestic Professional Corporation, use Section B of the instructions.
- Fill out the North Carolina Secretary of State FormPC-01 (Authority certificate request)in duplicate.
- Lines 6-8 on the form ask for a Registered Agent in North Carolina, although you are not required to have an office in North Carolina, you must maintain a Registered Agent in North Carolina where civil correspondence, subpoenas, etc. can be delivered. on behalf of your company. There are several national agencies that offer this service.
- Fill out the North Carolina Secretary of State FormPC-05 (Articles of Incorporation - Professional Corporation)in duplicate.
- Send theoriginalProfessional Corporate Application and aCopyof the Application for a Certificate of Authority or Articles of Incorporation in the care of Mark Mazanek at the North Carolina Board of Examiners for Engineers and Surveyors, along with an application fee of $100.Keep the original Application for Certificate ofAuthority or Articles of Incorporation to file with the North Carolina Secretary of Stateafteryour application is approved by the Council.
- Only for applicants to foreign professional corporations - In addition to the above, please also send aCopyof your existing Articles of Incorporation and a copy of a Certificate of Existence from your State of Incorporation that is less than 6 months old.
Section A - Foreign Professional Corporate Candidates:
Section B - National Professional Corporate Candidates:
Step 2: Approval of the Request - Submission to the Secretary of State:
- Once the Professional Corporate License Application is approved by the North Carolina Board of Examining Engineers and Surveyors, the Board will issue you with a Certificate of Filing document. The applicant must then attach the Certificate of Filing to the original Form PC-01 or PC-05 and submit it to the North Carolina Office of the Secretary of State with the required fee ($125 for domestic companies and $250 for foreign).
Step 3: Complete the application process and issue the professional corporate license:
- Once Form PC-01 or Form PC-05 and other documents are filed with the North Carolina Secretary of State's Office and the business receives confirmation of filing from the North Carolina Secretary of State, the business This mandatory send a copy of the filed documentation to the Board office by post, email (mmazanek@ncbels.org) or fax (919) 791-2011.
Step 4: Annual License Renewal:
- Professional Corporate License Certificates under Chapter 55B of the North Carolina Statutes expire pursuant to the provisions of §55B-11 and NCAC 56.0804(b).
- Upon written request from the Corporation, accompanied by the applicable renewal fee, the Board of Licensing will renew the Professional Corporation License Certificate as required by law, provided the Board determines that the Corporation has complied with all applicable regulations and provisions of the G.S. 55B.
- If the Company does not request the Renewal of its License Certificate within 30 (thirty) days after the expiry date of said Certificate, the License Certificate will be automatically suspended before the Secretary of State. The Certificate may be reinstated within the calendar year upon payment of the required renewal fee plus a reinstatement fee if such Corporation is eligible and entitled to renew its Certificate of License.
- Failure by a Corporation to renew its License for a period of one (1) year will require the Corporation to submit a new order and comply with all applicable License requirements.
- The Board will mail renewal forms to Licensees in good standing one month prior to the expiration date. Upon submission of the appropriate renewal documents to the Office of the Board of Directors, a Certificate of Renewal will be sent to the Corporation.
II. Professional Limited Liability Company (PLLC)
To qualify as a Foreign or Domestic Professional Limited Liability Company: The company must be owned by at least 2/3 Licensed Professionals and at least one licensee of each profession offeredhave tobe a North Carolina licensee who is a memberyManager at the company. Up to 1/3 of the company may be owned by unlicensed employees.No company can be a member of the PLLC.
Step 1: License application
- complete aRegistration for Professional Limited Liability Company, which is available athttp://www.ncbels.org/.
- If he introduces himself asForeign Professional Limited Company, use Section A of the instructions. If you are filing as a National Professional Limited Liability Company, use Section B of the instructions.
- Fill out the North Carolina Secretary of State FormPLLC-01 (Authority Certificate Request)in duplicate.
- Lines 6-8 on the form ask for a Registered Agent in North Carolina, although you are not required to have an office in North Carolina, you must maintain a Registered Agent in North Carolina where civil correspondence, subpoenas, etc. can be delivered. on behalf of your company. There are several national agencies that offer this service.
- Fill out the North Carolina Secretary of State FormPLLC-02 (Articles of Incorporation - Professional Society) in duplicate.
- Send theoriginalApplication for Professional Limited Liability Company andCopyof the Application for Certificate of Authority or Articles of Organization in care of Mark Mazanek at the North Carolina Board of Examiners for Engineers and Surveyors, along with an application fee of $100.Keep the original Certificate of Authority or Articles of Organization Application to file with the North Carolina Secretary of State after the Board approves your application.
- Only for foreign applicants of professional limited liability company - In addition to the above, please also send aCopyof your existing organization articles and aCopya Certificate of Existence from your State of Organization that is less than 6 months old.
Section A - Applicants of Foreign Professional Limited Liability Company:
Section B - National Professional Limited Liability Company Claimants:
Step 2: Approval of the Request - Submission to the Secretary of State:
- Once the application for a Professional Limited Liability Company License has been approved, the Board will issue a Certificate to file the document. The applicant must attach the Certificate of Filing to the original Form PLLC-01 or PLLC-02 and submit it to the North Carolina Office of the Secretary of State with the required fee ($125 for a domestic corporation and $250 for a foreign corporation limited liability company)
Step 3: Completing the LLC Professional License Application and Issuance Process:
- Once Form PLLC-01 or Form PLLC-02 and other documents are filed with the North Carolina Secretary of State's Office and the company receives confirmation of filing from the North Carolina Secretary of State, the company This mandatory send a copy of the filed documentation to the Board office by post, email (mmazanek@ncbels.org) or fax (919) 791-2011.
Step 4: Annual License Renewal:
- License Certificates for Professional Limited Liability Businesses licensed under the provisions of Chapters 57D and 89C of the North Carolina Statutes expire pursuant to the provisions of §55B-11 and NCAC 56.0804(b).
- Upon written request from the Professional Limited Liability Company, accompanied by the applicable renewal fee, the Licensing Board will renew a Professional Limited Liability Company's License Certificate as required by law, provided the Board determines that the Professional Limited Liability Company Limited has complied with other regulations and the provisions of G.S. §89C.
- If the Professional Limited Liability Company does not request the Renewal of its License Certificate within 30 (thirty) days after the expiry date of said Certificate, the License Certificate will be automatically suspended before the Secretary of State. The Certificate can be reinstated within one year of receipt of the renewal fee plus a reinstatement fee.
- Failure by a Professional Limited Liability Company to renew its License for a period of one (1) year will require the Professional Limited Liability Company to file a new order and comply with all current requirements for the License.
- The Board will mail renewal forms to Licensees in good standing one month prior to the expiration date. Upon receipt of completed renewal documents by the Board, a Renewal Certificate will be sent to the Professional Limited Liability Company.
3rd Corporate Society/Company (prior to 1969)/Limited Liability Companies/Limited Companies
There are two step one (1) procedures for this application, the first for commercial partnerships and the second for limited liability companies and limited partnerships.
Only companies formed before June 5, 1969 that offered engineering during that period can apply for a license using this application. Any corporation formed after June 5, 1969 must use the Professional Corporation application and meet the requirements of the N.C.G.S. 55B (Professional Companies Act)
Step 1: Applying for a license as a Corporate Company
- complete the wholeBusiness company license application, which is available athttp://www.ncbels.org/.
- complete aAuthority Certificate Request(Form B-09) in duplicate. Send a copy of this form to the Board. Keep the original for later filing at the North Carolina Secretary of Stateafterbeing approved by the Council.
- Send oneCopyof existing companiesArticles of Incorporation and any amendments.
- Send oneCopyfor onecertificate of existenceless than 6 months for the Secretary of State company or training agency in your home country.
To use:The North Carolina Secretary of State requires an original Certificate of Existence not older than 6 months as part of your filing package, which you will need to submit upon Board approval.
- Submit a check issued to the North Carolina Board of Examiners for $100.00 (application fee).
- Note: Mark Mazanek, Director of Business Licensing on envelope.
To use:Check the box labeled Commercial Corporation in Section III and list the date of incorporation and State in Section IV.
To use:Numbers 5 to 7 on this form request the registered office information. Although the North Carolina Board of Examiners does not require a company to maintain an office in the State of North Carolina, the North Carolina Office of the Secretary of State does require each company to maintain a North Carolina Registered Agent with a mailing address. physical in North Carolina, where civil correspondence, subpoenas, etc. are sent. It can be delivered on behalf of the company. There are many National Companies that offer this service. A list of some commonly used registered agents can be searched using Google.
To use:To qualify as a business corporation and be exempt from N.C.G.S. 55B (Professional Corporation Act), the company must provide evidence that it offered engineering before June 5, 1969. If the existing articles of incorporation indicate that the company was offering or incorporated to provide engineering services, that is all. However, if the items do not specify engineering, the company must provide evidence that the engineering work was being performed by an engineer licensed by the company before June 5, 1969. A signed work product by the engineer would suffice.
Step 1: License application,Limited Liability Companies/Limited Companies
- complete the wholeBusiness company license application, which is available athttp://www.ncbels.org/.
- Complete the appropriate Secretary of State Form (Form LLP-01 for a domestic LLP, Form LLP-02 for a foreign LLP, Form LP-01 for a domestic LP, and Form LP-04 for a foreign LP). Submit a copy of the appropriate form to the Board. Retain the original for later filing at the NC Secretary of State's Office after Board approval.
- Send oneCopyof companies Existing license registration in your home state.
- Send oneCopyfor onecertificate of existenceless than 6 months for your country's Office of the Secretary of State company.
To use:The North Carolina Secretary of State requires an original Certificate of Existence not older than 6 months as part of your filing package, which you will need to submit upon Board approval.
- Submit a check issued to the North Carolina Board of Examiners for $100.00 (application fee).
- Note: Mark Mazanek, Director of Business Licensing on envelope.
To use:Secretary of State forms LLP-02 and LP-04 request Registered Agent/Office information. Although the North Carolina Board of Examiners does not require a company to maintain an office in the State of North Carolina, the North Carolina Office of the Secretary of State does require each company to maintain a North Carolina Registered Agent with a mailing address. physical in North Carolina, where civil correspondence, subpoenas, etc. are sent. It can be delivered on behalf of the company. There are many National Companies that offer this service. A list of some commonly used registered agents can be searched using Google.
Step 2: Approval of the Request - Submission to the Secretary of State
- If the company has not yet received a Certificate of Authority from the North Carolina Secretary of State, upon approval by the Commercial Company, apresentation certificatewill be issued to the company by the Board.
- The applicant must attach thepresentation certificateto the original North Carolina Secretary of State form and file it with the North Carolina Secretary of State with the appropriate fee.
Step 3: Completing the business license/commercial corporation application process and issuance
- Once the Certificate of Authority Application and other documents have been filed with the North Carolina Secretary of State and the company has received confirmation of filing from the North Carolina Secretary of State, the company will then bemandatorysend a copy of the filed documentation to the Board office by post, email (mmazanek@ncbels.org) or fax (919) 791-2011.
Step 4: Annual License Renewal
- License certificates for companies licensed under N.C.G.S. §89C-24 expires in accordance with the provisions of 21 NCAC 56 .0804(b).
- Upon receipt of the business company's application for renewal, accompanied by the appropriate fee, the Board will renew the Business License Certificate as required by law and Board regulations, provided the Board determines that the business has complied with all regulations and provisions of the N.C.G.S. §89C.
- If the business company does not request the renewal of the License Certificate within 30 (thirty) days after the expiration date of said Certificate, the License Certificate will be automatically suspended. The License Certificate may be reinstated within one year of receipt of the renewal application and payment of the required renewal fee plus penalty.
- Failure by a company to renew the license for a period of one (1) year will require the company to submit a new application and comply with all other applicable license requirements.
- The Board will mail renewal forms to licensees in good standing one month prior to the expiration date. Upon submission of the appropriate renewal documents to the Office of the Board, a Certificate of Renewal will be sent to the company.
IV: Chapter 87 Corporation
Companies wishing to be licensed as a Chapter 87 Corporation must meet the specific requirements below to qualify.
- The corporation must be currently licensed under Chapter 87 of the North Carolina General Statutes.
for. Article 1 (General Contractors)
B. Article 2 (Plumbing, Heating and Fire Sprinklers Contractors)
C. Article 4 (Electrical contractors)
d. Article 5 (Refrigeration contractors)
- You may only provide limited professional engineering or surveying services that are reasonably necessary and related to primary services performed by persons regularly employed in the ordinary course of the corporation's business.
- Professional services may not be offered, performed or provided independently of the primary services provided by the corporation.
- The exemption is effectively a limitation on design/build contracts where the corporation has design and construction responsibilities for the initial contract.
- The corporation cannot do the design and then negotiate the design or bid for construction.
- The corporation cannot advertise engineering services or claim to be an engineering company.
- If the corporation meets these requirements, it is exempt from the G.S. 55B.
- The corporation must still be authorized by the Board.
Procedure for Applying for a License as a Chapter 87 Corporation to Practice Engineering Services Limited in North Carolina.
Step 1: License application
- Download the Chapter 87 Corporation app, which is available athttp://www.ncbels.org/.
- Complete the entire application form. Information on all engineers or surveyors and the location of offices where professional services will be provided must be posted in the spaces provided for this purpose.
- The president/CEO/chairman of the corporation's board of trustees, as well as a professional engineer or professional surveyor employed by the corporation, licensed to practice in North Carolina, must sign the certificate and have it notarized.
- A copy of the Articles of Incorporation and the Contractor's license number must accompany the application. If you are registering as an out-of-state (foreign) corporation, you must submit a copy of the Certificate of Authority issued by the NC Office of the Secretary of State.
- The application must be completed and returned with the original signature. Copies are not accepted. The non-refundable fee to become licensed as a Chapter 87 Corporation is $100.00. The application fee must be in the form of a check or money order payable to the North Carolina Board of Examiners at the time of application.
- send theoriginalapp and aCopyof the Articles of Incorporation or Certificate of Authority along with the Contractor's license number to the Board office.
Step 2: Approval of the application and issuance of the limited license
- Board staff will review the information provided in the application to include verification that all professionals named in the application are properly licensed and in good standing. Once verified, a license to practice engineering or limited surveying will be issued in conjunction with the corporation's main service.
Step 3: Annual License Renewal
- License certificates issued to Chapter 87 corporations licensed under the Chapter 55B exemption of the North Carolina Statutes expire pursuant to the provisions of §55B-11 and 21 NCAC 56 .0804(b).
- Upon the Corporation's written request, accompanied by the applicable renewal fee, the Board of Licenses will renew the License Certificate as required by law, provided the Board determines that the Corporation has complied with all applicable statutes, rules and regulations. practice. engineering and/or surveying in North Carolina.
- The Board will mail renewal forms to corporate licensees in good standing approximately one month prior to expiration. Upon submission of the appropriate renewal documents to the Board office, a Certificate of Renewal will be sent to the Corporation.
North Carolina Statutes - Secretary of State
- Chapter 55D - Article 1 - Applicable definitions
- Chapter 55D - Article 2 - Filing Requirements
- Chapter 55D - Article 3 - Names
- Chapter 55D - Article 4 - Headquarters and Registered Agent
North Carolina Statutes - Board of Examiners for Engineers and Surveyors
Chapter 89C - Engineers and Surveyors
- 89C-18.1 - Non-Resident Licensing
- 89C-23 - It is illegal to practice engineering or surveying without a license; illegal use of titles or terms; sanctions; Attorney General as a lawyer.
- 89C-24 - Licensing corporations and commercial enterprises engaged in the practice of engineering or surveying.
North Carolina Administrative Code
18 NCAC 04.0318 - Authorization of Foreign Professional Societies
- 18 NCAC 04 .0502 - Prohibited words beyond legal prohibitions
- 18 NCAC 04 .0503 - Deceptively similar and distinctive names
- 18 NCAC 04 .0504 - Presentation of fictitious or presumed name for foreign entity
North Carolina Board of Examiners for Engineers and Surveyors (full text)
21 NCAC 56 .0902 - Securities of Commercial Entities