Okla. Stat. tit. 59, § 59-475.21

firm.

A. The practice of or offer to practice engineering or

surveying by firms authorized under this act, or by more than one

person acting individually through a firm, is permitted provided:

1. The managing agent(s) in responsible charge of such practice

and all personnel who act in behalf of the firm in professional

engineering and surveying matters in this state are licensed under

this act; and

2. The firm has been issued a certificate of authority by the

Board.

B. An engineering or surveying firm requiring a certificate of

authority shall file with the Board an application, using a form

provided by the Board, and provide all the information required by

the Board. The Board shall prescribe a form to be filed with the

renewal fee and which shall be updated within thirty (30) days of

Oklahoma Statutes - Title 59. Professions and Occupations Page 424

the time any information contained on the form is changed or differs

for any reason. If, in the Board's judgment, the information

contained on the form warrants such action, the Board shall issue a

certificate of authority for the firm to practice engineering and/or

surveying.

No such firm shall be relieved of responsibility for the conduct

or acts of its agents, employees, officers or partners by reason of

its compliance with the provisions of this section. No individual

practicing engineering or surveying, pursuant to the provisions of

this act, shall be relieved of responsibility for engineering or

surveying services performed by reason of employment or other

relationship with a firm holding a certificate of authority.

C. The Secretary of State shall not issue a certificate of

incorporation to an applicant, approve for filing articles of

organization for a limited liability company, approve for filing a

certificate of limited partnership or accept a registration as a

foreign firm to a firm which includes in the firm's name or among

the objectives for which it is established any of the words

"Engineer", "Engineering", "Surveyor", "Surveying" or any

modification or derivation thereof unless the Board for these

professions has issued for the applicant a certificate of authority

or a letter indicating the eligibility of such applicant to receive

such a certificate. The firm applying shall supply such certificate

or letter from the Board with its application for incorporation or

registration.

D. The Secretary of State shall decline to register any trade

name or service mark which includes such words, as set forth in

subsection C of this section, or modifications or derivatives

thereof in its firm name or logotype except those firms holding

certificates of authority issued under the provisions of this

section.

E. The certificate of authority shall be renewed as

hereinbefore provided in Section 475.16 of this title.

F. Firms applying for a certificate of authority shall

designate a managing agent.

Managing agent. A firm offering engineering or surveying

services shall designate an engineer or surveyor, respectively, to

be the managing agent for the firm. A firm offering both

engineering and surveying services must have a licensed professional

engineer and licensed professional surveyor listed as managing

agent. A licensee may not be designated as a managing agent for

more than one firm without prior Board approval. The managing agent

must hold a position of recognized authority within the firm to be

designated as the managing agent. In the case of a corporation, a

licensee must be an officer, principal, director or shareholder of

the firm to be designated as the managing agent. In the case of a

limited liability company or limited liability partnership, the

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licensee must be a member of the firm to be designated as the

managing agent. In the case of a limited partnership, the licensee

must be a general partner of the firm to be designated as the
der of

the firm to be designated as the managing agent. In the case of a

limited liability company or limited liability partnership, the

Oklahoma Statutes - Title 59. Professions and Occupations Page 425

licensee must be a member of the firm to be designated as the

managing agent. In the case of a limited partnership, the licensee

must be a general partner of the firm to be designated as the

managing agent. In the case of a partnership, the licensee must be

an owner of the firm to be designated as the managing agent. If the

ownership is less than fifty percent (50%) ownership, an explanation

must be included as to the extent of authority this partner holds

regarding engineering or surveying decisions, respectively, as it

pertains to paragraphs 1 through 3 of this subsection. A licensee

who is a full-time employee of a firm and holds a position of

recognized authority within the firm but does not hold one of the

above-stated titles may request Board approval to be named the

managing agent by submitting a letter to the Board on firm

letterhead signed by a person within the firm holding one of the

above-stated titles, describing the special circumstances

surrounding the requested exception and the extent of authority this

employee holds regarding engineering or surveying decisions,

respectively, as it pertains to paragraphs 1 through 3 of this

subsection. A licensee who is self-employed, an independent

contractor or who renders consulting engineering or surveying

services to, or for, a firm shall not be designated as a managing

agent. The managing agent's responsibilities include:

1. Renewal of the firm's certificate of authority and

notification to the Board of any change in managing agent or firm's

contact information;

2. Overall administrative supervision of the firm's licensed

and subordinate personnel performing engineering or surveying work

in Oklahoma; and

3. Institution and adherence of policies of the firm that are

in accordance with this act, Section 3-116 et seq. of Title 65 of

the Oklahoma Statutes and the rules of the Board.

G. Out-of-state firms authorized to offer or perform

professional engineering or professional surveying services in

Oklahoma may have one or more branch offices located in Oklahoma

only if the firm has a professional engineer or professional

surveyor, respectively, designated as the managing agent in

Oklahoma. The professional engineer or professional surveyor

designated for this purpose shall be required to spend a majority of

normal business hours at one or more branch offices located in

Oklahoma and be duly licensed as a professional engineer or

professional surveyor, respectively, in this state. The

professional engineer or professional surveyor designated managing

agent shall be responsible for:

1. Maintaining and renewal of the firm's certificate of

authority and notification to the Board of any change in managing

agent or firm's contact information;

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2. Overall administrative supervision of the firm's licensed

and subordinate personnel who provide the engineering work in this

state; and

3. The institution of and adherence to policies of the firm

that shall be in accordance with this act, Section 3-116 et seq. of

Title 65 of the Oklahoma Statutes and the rules promulgated by the

Board.