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Arch. Luis M. Ferrer

SEC Opinion • Securities and Exchange Commission • Opinions • Sep 15, 1992

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September 15, 1992 Arch. Luis M. Ferrer Health Infrastructure Service Department of Health Manila S i r : This refers to your letter of September 4, 1992 inquiring whether Mard Corporation is authorized to undertake consultancy services involving structural investigation and analysis, including soil investigation and foundation analysis which services fall under the scope of the pre-design phase of design services and entail the professional practice of civil/structural engineering. The approved articles of incorporation of subject corporation on file with this Commission shows the following primary purpose: "To engage in the business of construction management of projects such as, buildings, condominiums, hotels, roads, piers, airport, bridges, drainage systems, water systems, electrical works, mechanical works and other edifications needed and necessary in the ordinary course of business and life; to contract for, manage or administer alone or jointly with other real estate development and other infrastructure projects." There is nothing in the aforementioned primary purpose which authorizes the Corporation to engage in the practice of Civil Engineering or Architecture. It has to be emphasized that the Commission does not permit engineers and architects to practice as a corporate entity. Personal qualifications for professions cannot be possessed by a corporation, and in view of the distinct and separate personality of a corporation from the individual members/stockholders, it could not have the power to do an act requiring a license which only the individual members/stockholders could obtain. Thus, the practice of Civil Engineering or Architecture cannot be registered as a corporation upon the premise that the practice thereto must be based on individual personal qualifications. The Commission, however, allows engineers or architects to form and register as partnership, in which case, it is the individual engineer or architect and not the partnership firm, who engages the practice of engineering or architecture and is responsible for his own acts as such. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman

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