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Section: 327.0401 Right to practice not transferable--corporation, certificate of authority required. RSMO 327.401


Published: 2015

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Missouri Revised Statutes













Chapter 327

Architects, Engineers, Land Surveyors and Landscape Architects

←327.392

Section 327.401.1

327.411→

August 28, 2015

Right to practice not transferable--corporation, certificate of authority required.

327.401. 1. The right to practice as an architect or to practice as

a professional engineer or to practice as a professional land surveyor or

to practice as a professional landscape architect shall be deemed a

personal right, based upon the qualifications of the individual, evidenced

by such individual's professional license and shall not be transferable;

but any architect or any professional engineer or any professional land

surveyor or any professional landscape architect may practice his or her

profession through the medium of, or as a member or as an employee of, a

partnership or corporation if the plans, specifications, estimates, plats,

reports, surveys or other like documents or instruments of the partnership

or corporation are signed and stamped with the personal seal of the

architect, professional engineer, professional land surveyor, or

professional landscape architect by whom or under whose immediate personal

supervision the same were prepared and provided that the architect or

professional engineer or professional land surveyor or professional

landscape architect who affixes his or her signature and personal seal to

any such plans, specifications, estimates, plats, reports or other

documents or instruments shall be personally and professionally responsible

therefor.



2. Any domestic corporation formed under the corporation law of this

state, or any foreign corporation, now or hereafter organized and having as

one of its purposes the practicing of architecture or professional

engineering or professional land surveying or professional landscape

architecture and any existing corporation which amends its charter to

propose to practice architecture or professional engineering or

professional land surveying or professional landscape architecture shall

obtain a certificate of authority for each profession named in the articles

of incorporation or articles of organization from the board which shall be

renewed in accordance with the provisions of section 327.171 or 327.261 or

327.351, as the case may be, and from and after the date of such

certificate of authority and while the authority or a renewal thereof is in

effect, may offer and render architectural or professional engineering or

professional land surveying or professional landscape architectural

services in this state if:



(1) At all times during the authorization or any renewal thereof the

directors of the corporation shall have assigned responsibility for the

proper conduct of all its architectural or professional engineering or

professional land surveying or professional landscape architectural

activities in this state to an architect licensed and authorized to

practice architecture in this state or to a professional engineer licensed

and authorized to practice engineering in this state or to a professional

land surveyor licensed and authorized to practice professional land

surveying in this state, or to a professional landscape architect licensed

and authorized to practice professional landscape architecture in this

state, as the case may be; and



(2) The person or persons who is or are personally in charge and

supervises or supervise the architectural or professional engineering or

professional land surveying or professional landscape architectural

activities, as the case may be, of any such corporation in this state shall

be licensed and authorized to practice architecture or professional

engineering or professional land surveying or professional landscape

architecture, as the case may be, as provided in this chapter; and



(3) The corporation pays such fees for the certificate of authority,

renewals or reinstatements thereof as are required.



(L. 1969 S.B. 117, A.L. 1981 S.B. 16, A.L. 1996 H.B. 1368, A.L. 1999

H.B. 343, A.L. 2003 S.B. 478, A.L. 2014 S.B. 809)





2003

1999



2003



327.401. 1. The right to practice as an architect or to practice as a

professional engineer or to practice as a professional land surveyor or to

practice as a landscape architect shall be deemed a personal right, based

upon the qualifications of the individual, evidenced by such individual's

professional license and shall not be transferable; but any architect or any

professional engineer or any professional land surveyor or any landscape

architect may practice his or her profession through the medium of, or as a

member or as an employee of, a partnership or corporation if the plans,

specifications, estimates, plats, reports, surveys or other like documents or

instruments of the partnership or corporation are signed and stamped with the

personal seal of the architect, professional engineer, professional land

surveyor, or landscape architect by whom or under whose immediate personal

supervision the same were prepared and provided that the architect or

professional engineer or professional land surveyor or landscape architect who

affixes his or her signature and personal seal to any such plans,

specifications, estimates, plats, reports or other documents or instruments

shall be personally and professionally responsible therefor.



2. Any domestic corporation formed under the corporation law of this

state, or any foreign corporation, now or hereafter organized and having as

one of its purposes the practicing of architecture or professional

engineering or professional land surveying or landscape architecture and any

existing corporation which amends its charter to propose to practice

architecture or professional engineering or professional land surveying or

landscape architecture shall obtain a certificate of authority for each

profession named in the articles of incorporation or articles of organization

from the board which shall be renewed in accordance with the provisions of

section 327.171 or 327.261 or 327.351, as the case may be, and from and after

the date of such certificate of authority and while the authority or a

renewal thereof is in effect, may offer and render architectural or

professional engineering or professional land surveying or landscape

architectural services in this state if:



(1) At all times during the authorization or any renewal thereof the

directors of the corporation shall have assigned responsibility for the

proper conduct of all its architectural or professional engineering or

professional land surveying or landscape architectural activities in this

state to an architect licensed and authorized to practice architecture in this

state or to a professional engineer licensed and authorized to practice

engineering in this state or to a professional land surveyor licensed and

authorized to practice professional land surveying in this state, or to a

landscape architect licensed and authorized to practice landscape architecture

in this state, as the case may be; and



(2) The person or persons who is or are personally in charge and

supervises or supervise the architectural or professional engineering or

professional land surveying or landscape architectural activities, as the

case may be, of any such corporation in this state shall be licensed and

authorized to practice architecture or professional engineering or

professional land surveying or landscape architecture, as the case may be, as

provided in this chapter; and



(3) The corporation pays such fees for the certificate of authority,

renewals or reinstatements thereof as are required.



1999



327.401. 1. The right to practice as an architect or to practice as

a professional engineer or to practice as a professional land surveyor

shall be deemed a personal right, based upon the qualifications of the

individual, evidenced by such individual's professional license and shall

not be transferable; but any architect or any professional engineer or any

professional land surveyor may practice his or her profession through the

medium of, or as a member or as an employee of, a partnership or

corporation if the plans, specifications, estimates, plats, reports,

surveys or other like documents or instruments of the partnership or

corporation are signed and stamped with the personal seal of the architect,

professional engineer or professional land surveyor by whom or under whose

immediate personal supervision the same were prepared and provided that the

architect or professional engineer or professional land surveyor who

affixes his or her signature and personal seal to any such plans,

specifications, estimates, plats, reports or other documents or instruments

shall be personally and professionally responsible therefor.



2. Any domestic corporation formed under the corporation law of this

state, or any foreign corporation, now or hereafter organized and having as

one of its purposes the practicing of architecture or professional

engineering or professional land surveying and any existing corporation

which amends its charter to propose to practice architecture or

professional engineering or professional land surveying shall obtain a

certificate of authority for each profession named in the articles of

incorporation or articles of organization from the board which shall be

renewed in accordance with the provisions of section 327.171 or 327.261 or

327.351, as the case may be, and from and after the date of such

certificate of authority and while the authority or a renewal thereof is in

effect, may offer and render architectural or professional engineering or

professional land surveying services in this state if:



(1) At all times during the authorization or any renewal thereof the

directors of the corporation shall have assigned responsibility for the

proper conduct of all its architectural or professional engineering or

professional land surveying activities in this state to an architect

licensed and authorized to practice architecture in this state or to a

professional engineer licensed and authorized to practice engineering in

this state or to a professional land surveyor licensed and authorized to

practice professional land surveying in this state, as the case may be; and



(2) The person or persons who is or are personally in charge and

supervises or supervise the architectural or professional engineering or

professional land surveying activities, as the case may be, of any such

corporation in this state shall be licensed and authorized to practice

architecture or professional engineering or professional land surveying, as

the case may be, as provided in this chapter; and



(3) The corporation pays such fees for the certificate of authority,

renewals or reinstatements thereof as are required.



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