Hasselbalch, 030392 NEAGO, AGO 92032

Docket NºAGO 92032
Case DateMarch 03, 1992
CourtNebraska
Marilyn Hasselbalch, Director
AGO 92032
No. 92032
Nebraska Attorney General Opinions
State of Nebraska office of the Attorney General
March 3, 1992
          Date: February 28, 1992           L. Steven Grasz Sam Grimminger Deputy Attorneys General.          SUBJECT: Real Estate Appraiser Board's Obligation to Issue Certificate of Registration Under the Nebraska Professional Corporation Act          REQUESTED BY: Marilyn Hasselbalch, Director Nebraska Real Estate Appraiser Board          WRITTEN BY: Don Stenberg, Attorney General, Jan E. Rempe, Assistant Attorney General.          You have asked us to advise you regarding whether the Real Estate Appraiser Board (Board) is obligated to issue certificates of registration to real estate appraisers who wish to form a professional corporation under the Nebraska Professional Corporation Act (NPCA), Neb. Rev. Stat. §§ 21-2201 to 21-2222 (Reissue 1987). Based on the following analysis, we conclude that the Board is required to provide such certificates of registration.          The NPCA allows individuals who reside in Nebraska and are licensed or otherwise legally authorized to render a professional service to form professional corporations. Neb. Rev. Stat. § 21-2204(1) (Reissue 1987). Under the NPCA, a professional corporation must be organized for the specific purpose of rendering professional service and must have as its shareholders only individuals who are licensed or legally authorized within the state to provide the same professional service as the corporation. Neb. Rev. Stat. § 21-2202(3) (Cum. Supp. 1990).          Neb. Rev. Stat. § 21-2216 (Reissue 1987) requires that before corporations formed under the NPCA open, operate, or maintain an establishment or do business, they must file with the Secretary of State "a certificate of registration from the regulating board of the particular profession organized to do business." Neb. Rev. Stat. §§ 21-2216 and 21-2217 outline the procedure for obtaining a certificate of registration, the contents of a certificate, and the frequency with which professional corporations must apply to their regulating boards for a certificate.          To determine whether the Board is obligated to issue certificates of registration, as described in § 21-2216, to real estate appraisers who wish to form a professional corporation, it is necessary to analyze whether the NPCA applies to real estate appraisers. This analysis turns upon whether real estate appraisers...

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