1. PLLC New York
2. PLLC Requirements
3. PLLC Filing Procedures

PLLC New York

A PLLC New York is an LLC with a special licensed designation for certain professional services. LLCs usually consist of one or more members who own the business that are protected from business debts and liabilities. PLLCs come with the same protections as a standard LLC. The primary goal of a PLLC is to perform a service that requires additional licensure.

A PLLC resembles an LLC in many respects, but it comes with additional requirements in the following areas:

  • Formation
  • Management
  • Ownership
  • Reporting mandates

Requirements vary based on the state, but members and managers must provide proof that they are licensed to practice within their profession. Also, certain states compel LLCs to get permission from a licensing body before the incorporation process begins. Further, the PLLC must obtain must get the right name and a corporate indicator of some kind, such as PLLC or LLC. A PLLC can also be created by one or more members who are licensed for a certain profession.

In New York, for instance, many professions fall under the guidelines of Title VIII within the Education Law. Such a law is regulated by the Education Department and the Office of Professions. To get the necessary permit, you need to give the Education Department an articles of organization for the PLLC in question. Also, you must adhere to the following:

  • Comply with name guidelines
  • Pay any fees involved
  • Complete an authorization certificate or other documents based on your profession

When you complete the authorization process, you need to submit it to the New York Secretary of State, including the formation documents. After, you must certify the documents and send it to the Education Department.

PLLC Requirements

Under New York law, professional services get defined as personal services that can be lawfully issued by a member of a certain profession. Other laws provide additional requirements regarding professional services. Such itemized lists include:

  • Surgeons
  • Physicians
  • Lawyers
  • CPAs
  • Engineers
  • Veterinarians

New York law does not provide itemized lists, but it comes with various provisions that indicate the following professions:

  • Practicing medicine or dentistry
  • Podiatry
  • Pharmacy
  • Nursing
  • Chiropractic
  • Veterinary services
  • Engineering
  • Social work

If you do not know whether your profession would fall under a professional category, check with a local attorney to get more information. The following professions are directly regulated under Title VIII:

  • Dentists
  • Architects
  • Engineers
  • Physicians

PLLC Filing Procedures

To get a PLLC, you need a state license for whichever profession you’re entering. You must also submit an articles of organization to the Division of Corporations at the Department of State in New York. You must then submit a certificate copy of the same papers to the relevant licensing agency within 30 days of submitting the articles of organization.

In addition, you must publish a copy of your articles of organization for six consecutive weeks in two newspapers in the county in which the PLLC was created. You must do this within 120 days of submitting your articles or organization to the DOC. Check with an attorney if you are not sure where you should publish the announcement of your PLLC.

You must pay a filing fee of $200 to register the PLLC. The procedure is the same of creating an LLC, plus additional steps that vary on the state. In each state, however, the corporate name search and articles of organization is necessary. In certain states, such as New Jersey, you would need only the licensed professional’s name, license number, and address on the certificate for the PLLC to be created.

In other states such as New York, the certificate of incorporation must be submitted to the Education Department to verify the license, submit to the secretary of state, and followed by getting a certified of the articles of organization and getting it to the Education Dept.

After the incorporation process, you should do the following:

  • Draft an operating agreement
  • Get an employer identification number (EIN)
  • Open a business bank account

When it comes to the naming process, ensure that the name is memorable and different from names already registered in the state database. In addition, the name must come with certain designators, such as “PLLC” or “LLC.”

If you have more questions regarding a PLLC New York, submit your legal inquiry to our UpCounsel marketplace. UpCounsel’s attorneys will give you vital information on creating a PLLC in New York, including publication requirements your business must meet. Also, they will help you determine if an LLC would be the right fit for your business endeavors.