WHEN YOUR ENGINEERING FIRM’ S COA IN NEW HAMPSHIRE LAPSES
It’ s Not Only an Administrative Nuisance, It Can Trigger a Work-Stoppage and Felony Exposure By: Steve McNally, P. E., NH-ASCE Past President
This article is a cautionary note to New Hampshire engineers who practice through a business organization( LLC, PLLC, corporation, or sole proprietor with the word“ engineering” in the company name) that are required to hold a NH COA issued by the OPLC.
Many small engineering practices run on lean systems: a single principal, an LLC, a registered agent service, and a renewal workflow that’ s easy to forget until the inbox reminder arrives. The problem is that, in New Hampshire, a missed Certificate of Authorization( COA) deadline can do more than create paperwork and late fees. It can force an operational shutdown window and under the statute, it can expose the business organization to felony-level consequences.
1) A COA is a prerequisite to practicing“ through the firm”.
Under RSA 310-A: 20, practicing or offering to practice engineering through a business organization is permitted only if the business organization has been issued a certificate of authorization.
RSA 310-A: 20 also ties the firm’ s business operations to that authorization: once issued, the business organization is authorized“ to contract for and to collect fees for furnishing engineering services.”
Practical translation: for many of us, an active COA is not background bureaucracy. it is a“ gateway condition” for normal work performed and billed under the firm.
2) The criminal exposure is real:“ unauthorized business organization” +“ offer to practice” = felony risk
New Hampshire law makes it a felony for an unauthorized business organization to“ practice, or offer to practice, engineering” in the state, and also a felony to represent( including via letterhead or other communications) that it is able to perform engineering services.( RSA 310-A: 25( I)( a)( 1)–( 2)).
310-A: 25 Violations: It shall be ….. a felony for any“ unauthorized business”( including a business with an expired COA) organization to:
( 1) Practice, or offer to practice, engineering in this state.
( 2) Represent by any verbal statement, sign, letterhead, card, or in any other way that they are professional engineers or able to perform engineering services.
( 3) Use or otherwise assume in conjunction with the personal name or advertise any title or description tending to convey the impression that such person is a professional engineer licensed under this subdivision.
That“ offer to practice” phrasing matters. It’ s broader than just sealing drawings; it can reach proposals, representations, and other business-facing conduct depending on the facts.