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ORGANIZATIONAL REQUIREMENTS FOR ENGINEERING AND ARCHITECTURE PRACTICE

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					ORGANIZATIONAL REQUIREMENTS FOR ENGINEERING AND ARCHITECTURE PRACTICE
BEA – Board of Engineers and Architects Requirements SOS – Secretary of State Requirements

Individual or Sole Proprietor

In-State Organizations (Domestic) Steps to Meet Requirements 1. BEA – Individual licensed in Nebraska 2. SOS – Registration of Trade Name if name is anything other than individual’s legal name (i.e. John Doe, Architect) 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS - Registration of Trade Name if required* 3. BEA – Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Articles of Incorporation 3. BEA – Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Articles of Organization 3. BEA—Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Articles of Organization 3. SOS – Application for Electronic Access of Records 4. BEA – Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Articles of Incorporation 3. SOS – Application for Electronic Access of Records 4. BEA – Certificate of Authorization

Out-of-State Organizations (Foreign) Steps to Meet Requirements 1. BEA – Individual licensed in Nebraska 2. SOS – Registration of Trade Name if name is anything other than individual’s legal name (i.e. John Doe, Architect) 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS - Registration of Trade Name if required* 3. BEA – Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Certificate of Authority 3. BEA – Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Certificate of Authority 3. BEA – Certificate of Authorization

General Partnership

Corporation (C or S Corporation)

Limited Liability Company (LLC)

Limited Liability Company (LLC) rendering professional engineering or architectural services Professional Corporation (owners must all be licensed)

1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Certificate of Authority 3. SOS – Application for Electronic Access of Records 4. 4. BEA – Certificate of Authorization 1. BEA – Professional in ―Responsible Charge‖ licensed in Nebraska 2. SOS – Certificate of Authority 3. SOS – Application for Electronic Access of Records 4. BEA – Certificate of Authorization

*

The information provided in the table above is a summary of the requirements for registering organizations. If further information is needed, please contact the office of the Secretary of State at 402-471-4079.

DEFINITIONS Articles of Incorporation A document filed in the office of the Secretary of State which sets forth information such as the corporation’s name, number of authorized shares, registered agent, and other information as required by state statute. The corporate existence begins upon filing articles of incorporation unless a delayed effective date is supplied (Neb. Rev. Stat. §§ 21-2019, 21-2018). For selected statutes relating to filing requirements for business corporations go to www.sos.state.ne.us/business/corp_serv/corp_stat_menu.html.

DEFINITIONS Articles of Organization A document filed in the office of the Secretary of State which sets forth information such as the limited liability company’s name, registered agent, principal place of business, an other information as required by state statute. Upon issuance of a certificate of organization, the limited liability company shall be organized (Neb. Rev. Stat. §§ 21-2606, 21-2608). The form, ―Articles of Organization Limited Liability Company‖ can be found at www.sos.state.ne.us/business/corp_serv/pdf/2606.pdf. A foreign corporation may not transact business in Nebraska until it obtains a Certificate of Authority from the Secretary of State (Neb. Rev. Stat. § 2120,168). The ―Application for a Certificate of Authority‖ for professional corporations (Foreign) to transact business can be found at www.sos.state.ne.us/business/corp_serv/pdf/20_170.pdf. The ―Application for Certificate of Authority Limited Liability Company (Foreign)‖ is at www.sos.state.ne.us/business/corp_serv/pdf/2638.pdf. A certificate required by the Board of Engineers and Architects for organizations practicing or offering to practice engineering or architecture in Nebraska. This must be renewed every two years. A certificate of authorization is not required for those organizations with a sole-proprietor. To determine if your organization is required to have a ―Certificate of Authorization‖ go to www.ea.state.ne.us/content/pdf/certpacket.pdf. A form used by the office of the Secretary of State to verify that all individuals who are required by law to do so are duly licensed or otherwise legally authorized to render professional services. The office of the Secretary of State verifies the information by electronically accessing the regulating board’s records (Neb. Rev. Stat. §§ 21-2216, 21-2631.01). The ―Application Form For Electronic Access Of Records‖ (domestic corporations) can be found at www.sos.state.ne.us/business/corp_serv/pdf/SAMPLE_PC_DCORP.pdf. The ―Application Form For Electronic Access Of Records‖ (foreign corporations) is at www.sos.state.ne.us/business/corp_serv/pdf/SAMPLE_PC_FCORP.pdf. The ―Application Form For Electronic Access Of Records‖ for Limited Liability Companies can be found at www.sos.state.ne.us/business/corp_serv/pdf/SAMPLE_PC_LLC.pdf. Corporation for profit, incorporated under or subject to the provisions of the Nebraska Corporation Act. (Neb. Rev. Stat. § 21-2014) Corporation for profit, incorporated under a law other than the law of Nebraska (Neb. Rev. Stat. § 20-2014). Statutes to help determine what constitutes doing business in Nebraska can be found at www.sos.state.ne.us/business/corp_serv/pdf/foreign_corp_doing_business.pdf. * A trade name is every name under which any individual or entity does or transacts business in Nebraska other than the true name of such individual or entity (Neb. Rev. Stat. § 87-208). The ―Application For Registration of Trade Name‖ is at www.sos.state.ne.us/business/corp_serv/pdf/210_219.pdf.

Certificate of Authority

Certificate of Authorization

Application for Electronic Access of Records

Domestic Corporation Foreign Corporation

Registration of Trade Name (In-state, domestic or out-of state, foreign)


				
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Description: ORGANIZATIONAL REQUIREMENTS FOR ENGINEERING AND ARCHITECTURE PRACTICE