Use of the word "engineering" in company name 5

[Dave K]

I'm wondering about the use of the word "engineering", in a corporate name. I am assuming (and also searching the state statutes) that the word "engineering", as in "Acme Engineering, Inc."(intended to be a fictional name, as an example only) implies that the company does engineering for the public, and therefore has an licensed PE on staff.

Is that generally the case? ie use of the word "engineering' requires a PE license? and is there a better source to confirm this online? currently I'm sifting thru the Florida state statutes, and trying to decipher the legal speak.

Thanks,

-Dave
Everything should be designed as simple as possible, but not simpler.

 

[TheTick]

I have personally ratted on someone doing exactly this.

 

[sms]

Under Texas law if you use "engineering" in your company name, there must be registered PE's overseeing the activities, and the company must also be registered with the board. The idea is that if the word engineering is in your company name you are implicitly offering engineering services to the public.

 

[zdas04]

It is the same in New Mexico, Colorado, and Oklahoma. A construction company I work with had to change their name from Acme Engineering to Acme Energy when the family of original owner (a PE) sold out to folks without a PE on staff.

David

 

[Maui]

Whether or not the word "Engineering" appears in the company name, the laws of the State of New York are clear in regard to unauthorized practice. Section 6512.1 of the Education Law makes it a class E felony for anyone not authorized to practice who practices or offers to practice or holds himself out as being able to practice professional engineering. Section 6509 defines professional misconduct as, among other things, permitting, aiding or abetting an unlicensed person to perform activities requiring a license; and, section 6512.2 makes it a class E felony for anyone, including a public official, to knowingly aid or abet three or more unlicensed persons practice a profession requiring a license. The link below contains some useful information regarding unprofessional conduct:

http://www.heimer.com/frameset/offsite.asp?url=http://www.op.nysed.gov/pe.htm

Maui

 

[stevenal]

How about the name of a company that provides software for engineers to use, that ends with "...for Power Engineering?"

 

[zdas04]

Stevenal,
Wouldn't that be the same thing as Post advertising "sliderules for science and engineering"? I think that providing a tool to support engineers activities is very much different from providing engineering services. Maybe I'm wrong.

David

 

[IRstuff]

There are obvious limits.

"Rug Doctors" will never be mistaken for a medical practice.
Likewise, unless the company's name can be readily construed to imply the offering of engineering services, there would be little grounds for complaining.

TTFN

 

[Dave K]

Thanks for the replies.

I'm asking, because I know of a degreed engineer, that is considering incorporating to do some side work. I mentioned that I didn't think he could use a name like that without a PE, and/or even do the work, without a PE.

This Florida State Statute seems to cover it:

471.023 Certification of business organizations.--

(1) The practice of, or the offer to practice, engineering by licensees or offering engineering services to the public through a business organization, including a partnership, corporation, business trust, or other legal entity or by a business organization, including a corporation, partnership, business trust, or other legal entity offering such services to the public through licensees under this chapter as agents, employees, officers, or partners is permitted only if the business organization possesses a certification issued by the management corporation pursuant to qualification by the board, subject to the provisions of this chapter. One or more of the principal officers of the business organization or one or more partners of the partnership and all personnel of the business organization who act in its behalf as engineers in this state shall be licensed as provided by this chapter.


-Dave
Everything should be designed as simple as possible, but not simpler.

 

[IRstuff]

The only exception might be a subclause to any industrial exemption. In California, consultants to industrially exempt companies are likewise exempt.



TTFN

 

[EddyC]

The 10 states that I am licensed in are not like California. They clearly state that if you are going to perform engineering for another business entity, you are required to be a PE.

 

[JAE]

If confusion still reigns - the best thing is to call your state board directly. I've found that generally they are interested in asking for direct feedback and interpretations and very open to phone calls.

 

[dbuzz]

Where I'm from many fabrication companies' names take the form 'XYZ Engineers' and 'XYZ Engineering' and most professional engineering firms simply trade as 'XYZ' or, in the case of firms established as partnerships, 'Xxxxx, Yyyyy & Zzzzz'.

There are no legislative restrictions on the use of 'Engineer' and 'Engineering' in company names.

 

[SamHouston]

This is a situation that has to be well researched in your jurisdiction. In my case, I am not a licensed engineer and do not refer to myself as being an engineer as where I am the title can only be used by a licensed professional. However, I own a company, “ABC Engineering” and I’m within the law to have such a name. My company literature explicitly states what I do and to whom I offer my services so there is no confusion as to offering services to the public sector. Although I have the structural knowledge and have designed and built a custom home for myself, if I were approached by a builder to design his homes, a lucrative sideline as it may be,I would be bound to refer him to a licensed engineer.

 

[zdas04]

SamHouston,
Where are you? I recently worked with a guy who owned "Acme Engineering", he was a Petroleum Engineer with 20+ years experience. He got turned into the state board and the outcome was a fine and a requirement to change the company to "Acme Energy".

That sounds like a direct analog to your situation, but probably in a different jurisdiction. Like you said, a person really needs to research the laws in their own jurisdiction.

David

 

[BigH]

Ontario requires P.Eng. in company.

 

[dbuzz]

zdas04

Your friend was an engineer with 20 years' experience. What was the problem with him using 'engineering' in his company name?

 

[zdas04]

dbuzz,
He didn't have a Professional Engineer license from the state where his business resided (or any state). That was it.

In New Mexico (where I live, not where he lives), they had to have a copy of my current registration before they would grant me a business license. I didn't have it with me when I went to register the first time so they "suggested" that I either pick another name for my business or go get it. They didn't offer a third alternative.

David

 

[haggis]

zdsa04

I'm in Ontario, Canada.

BigH

Ontario only requires a P.Eng in the company if you offer any kind of services to the public which could compromise public safety in general.

Another example is the design of a small utility trailer for carrying home 2 x 4's , although not an engineering marvel, should be done by a P.Eng.

The services I offer and provide do not compromise public safety.

 

[GregLocock]

That's a terrific example haggis. What sort of PE designs trailers?



Cheers

Greg Locock

Please see FAQ731-376 for tips on how to make the best use of Eng-Tips.