Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

49 Pa. Code § 9.161. Compliance with applicable statutes.

PROFESSIONAL AND CORPORATE PRACTICE


§ 9.161. Compliance with applicable statutes.

 An architect or group of architects may elect to practice architecture professionally as a sole proprietorship, a partnership, a professional association, a professional corporation, a limited liability company, a limited liability partnership or a business corporation. A practice so elected shall be formed and conducted under the act and this chapter. In addition, the practice shall comply as follows:

   (1)  In the case of a sole proprietorship, the owner for the practice of architecture as defined at section 3 of the act (63 P. S. §  34.3) shall be an architect licensed by the Board.

   (2)  In the case of a partnership, with 15 Pa.C.S. Chapter 83 (relating to the Uniform Partnership Act).

   (3)  In the case of a professional corporation, with 15 Pa.C.S. Chapter 29 (relating to professional corporations).

   (4)  In the case of a business corporation, with 15 Pa.C.S. Part II, Subpart B (relating to the Business Corporation Law of 1988).

   (5)  In the case of a professional association, with 15 Pa.C.S. Chapter 93 (relating to the Professional Association Act of 1988).

   (6)  In the case of a limited liability company, with 15 Pa.C.S. Chapter 89 (relating to limited liability companies).

   (7)  In the case of a limited liability partnership, with 15 Pa.C.S. Chapter 82 (relating to limited liability partnerships).

   (8)  The business form chosen by an architect may not affect the statutes of the Commonwealth applicable to the professional relationship or the contract, tort or other legal rights, duties and liabilities between the architect and the person receiving architectural services.

Authority

   The provisions of this §  9.161 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 §  9.161 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, 34 Pa.B. 235. Immediately preceding text appears at serial pages (261689) to (261690).



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