SOUTH DAKOTA BOARD OF TECHNICAL
2040 W Main Street, Suite 304, Rapid City, SD 57702-2447
Phone: 605-394-2510 Fax: 605-394-2509
Business Entity Certificate of Authorization Application
36-18A-1. Definition of term. "Business Entity", any corporation, partnership, limited liability corporation, limited liability partnership, or sole proprietorship that practices or offers to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services to the public through its licensed personnel who are either employees, officers, directors, partners, members, managers, or owners.
Any business transacting business in South Dakota which practices or offers to practice must obtain both a Certificate of Authority from South Dakota Secretary of State and a Certificate of Authorization from the South Dakota State Board of Technical Professions.
Any business entity that desires to practice engineering, architecture, land surveying, landscape architecture, or petroleum release assessment or remediation in this state shall register with the board by making application for a certificate of authorization. A business entity is responsible for the conduct or acts of its agents, employees, officers, partners, members, or managers in respect to any engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services performed or to be executed in this state. No person is relieved of the responsibility for that personís conduct or acts performed by reason of that personís employment by or relationship with a business entity. A licensee who renders occasional, part-time or consulting services to or for a business entity may not be designated as the person in responsible charge for the professional activities of the business entity.
A firm or office to have appropriately licensed person in charge. Any office physically located and maintained in this state to offer engineering, architectural, land surveying, landscape architectural, petroleum release assessment, or petroleum release remediation service shall have an appropriately licensed person who is regularly employed in that office and who has responsible charge and direct supervision and control of all professional services. A licensee who renders occasional, part-time, or consulting services to or for a firm or office may not be designated as the person in responsible charge for the professional activities of the firm or office unless a schedule is posted at the office for the publicís knowledge and filed with and approved by the board stating when the licensee is physically in the office.
The board shall issue a certificate of authorization to a business entity upon receipt and approval of an application. The certificate is not transferable.
The business entity shall file with the board a written report of any change in the information submitted on the application that occurs during the term of the certificate of authorization. The business entity shall report the change within thirty days after the effective date of the change. Failure to provide the report constitutes grounds for the board to suspend or revoke the certificate of authorization.
A business entity desiring a certificate of authorization shall file a written application with the board which shall contain the following:
1. Name and address of the business entity and
2. Names of all licensed professionals employed by the business entity who are duly licensed to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation in this state and who are or will be in responsible charge of any professional services in this state by the business entity.
The business entity will not permit the performance of any professional service, as defined in this chapter, by any person of the business entity unless the person is licensed under this chapter.
Business applications will be reviewed at the next board meeting.
This is a separate business license and should not be confused with an individualís license.
Your business may already be licensed with the South Dakota Board of Technical Professions. Check by either going to our website and searching the roster list or call the office.
Sales tax is imposed on the gross receipts of any person providing architectural, engineering, surveying or other business services in South Dakota as stated in SDCL 10-45-5 and 10-45-5.2. Information may be obtained from the South Dakota Department of Revenue; telephone 605/773-3311.
Renewal fees to keep the Business License active for the business must be paid every two years. Renewal notices are mailed to the business address on file with this office and should not be confused with renewal notices sent to licensed individuals.
$100 application fee payable by check, money order or credit card.