Guam § 32123 - Certificate of Authorization (COA).

§ 32123. Certificate of Authorization (COA).

(a) The practice of or offer to practice engineering, architecture,

landscape architecture or land surveying as defined in § 32103 of this

Chapter by individual engineers, architects, landscape architects or land

surveyors registered under this Chapter, or by individuals lawfully practicing

under § 32124 of this Chapter through a corporation (including professional

corporations), partnership (including registered limited liability partnership),

or limited liability company, is permitted, subject to the provisions of this

Chapter.

A corporation, partnership, proprietorship or limited liability company

holding itself out or performing any of the services involved in the practice

of engineering, architecture, landscape architecture or land surveying must

obtain a Certificate of Authorization from the Board. The Board may issue a

Certificate of Authorization to such corporation, partnership, proprietorship

or limited liability company, provided that:

(1) one (1) or more of the officers of a corporation; one (1) or

more of the general partners of a partnership (including limited liability

partnership); the sole proprietor of a proprietorship; or one (1) or more

of the managers of a limited liability company are registered under this

Chapter, or the engineering, architecture, landscape architecture or land

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surveying registration law of another jurisdiction within the United

States, District of Columbia or its Territories; and

(2) any agreement to perform such services shall be executed on

behalf of the corporation, partnership, limited liability company by the

officer or officers, general partner or partners, sole proprietor or by the

manager or managers who are registered on Guam and who exercises

responsible control over the particular services contracted for by the

corporation, partnership, proprietorship or limited liability company.

The requirements of this Chapter shall not prevent the employees

of such corporations, partnerships, proprietorships or limited liability

companies from performing engineering, architecture, landscape

architecture or land surveying services; provided, that all technical

submissions involving the practice of engineering, architecture,

landscape architecture or land surveying as defined in this Chapter

when issued, or filed for public record, shall be dated, and bear the seal

and signature of the professional engineer, architect, landscape

architect, or professional land surveyor under whose responsible

control it was prepared.

(b) A corporation, partnership, proprietorship or limited liability

company desiring a Certificate of Authorization shall furnish the Board such

information about its organization and activities as the Board may require by

regulation, and to designate the individual or individuals duly registered to

practice engineering (by discipline), architecture, landscape architecture, or

land surveying on Guam who shall be in responsible control of the practice

as the Responsible Managing Employee (RME).

(c) A multi-discipline firm who has more than one (1) designated

RME shall be required to have a minimum of one (1) RME and who must

have full control over the particular services contracted for by the firm. In

the event there shall be a change in any of these persons during the year,

such change shall be reported in the form as issued by the Board within

thirty (30) days after the effective date of said change.

If all of the requirements of this Section are met, the Board may issue a

Certificate of Authorization to such corporation, partnership, proprietorship

or limited liability company authorizing such organizations to contract for

and to collect fees for furnishing engineering, architecture, landscape

architecture or land surveying services. All off-island firms shall be required

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to maintain a local office under the control of at least one (1) Responsible

Managing Employee who shall be in full control of the operations of the

firm. The COA shall be displayed in a conspicuous place in such business.

No such corporation, partnership, proprietorship or limited liability

company shall be relieved of responsibility for the conduct or acts of its

agents, employees or officers by reason of its compliance with the provisions

of this Section, nor shall any individual practicing engineering, architecture,

landscape architecture or land surveying services performed by reason of his

employment or relationship with such corporation, partnership,

proprietorship or association.

A certificate of incorporation shall not be issued to an applicant for a

registration as a foreign firm to a firm which includes, among the objectives

for which it is established any of the words “engineer”, “engineering”,

“architect”, “architecture”, “landscape architect”, “landscape architecture”,

“surveyor”, “land surveying”, or any modification or derivation thereof,

unless the Board has issued for the said applicant a Certificate of

Authorization or letter indicating the eligibility of such applicant to receive

such a certificate. The firm shall supply such certificate or letter from the

Board with the applicant’s application for incorporation, licensure or

authorization.

(d) The responsible department within the government of Guam shall

decline to register any trade name or service mark which includes such

words as set forth in Subsection (c) of this Section, or modification or

derivatives thereof, in its firm name or logo type, except those firms holding

an authorization certificate under the provisions of this Section.

(e) An engineer, architect, landscape architect or land surveyor who

renders occasional part-time or consulting engineering, architectural,

landscape architect or land surveying services to or for a firm may not, for

the purposes of this Section, be designated as being responsible for the

professional activities of the firm.

(f) This Section shall not require a Certificate of Authorization for a

firm performing engineering, architecture, landscape architecture or land

surveying for the firm itself or a parent or subsidiary of said firm.

(g) The Certificate of Authorization shall be renewed as herein

provided in § 32117(a).

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