Corporate Entities for Professional Practice
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Section VI
Foreign Professional Service Limited Liability Companies
(PLLC)
- Certificate of Authority to Practice a Profession
Section 1306 of the Limited Liability Company Law provides that a
Certificate or Certificates issued by the licensing authority be
attached to the Application for Authority. This Certificate will
affirm that each individual within the corporation intending to
practice the profession or professions in this State is licensed
to practice said profession or professions in this State.
Section 1306 provides that, in the case of foreign professional
limited liability companies providing services in the health
professions or in the design professions of professional
engineering, land surveying, architecture, or landscape
architecture, that each manager/owner of the foreign professional
limited liability company must be licensed to practice said
profession in New York State and the original jurisdiction. (See
Section I, "Professions Under
Jurisdiction of the State Education Department" for a
list of health services professions.)
- Obtaining a Certificate of Authority
A Certificate of Authority will be issued upon receipt of the
appropriate fee and documentation of the requirements enumerated
below. Each applicant must submit:
- a completed Application for Authority (a sample format for
this document is available from the Department of State at
www.dos.state.ny.us/corp/pdfs/dos1369.pdf);
- a copy of the Certificate of Incorporation and any
Certificates of Amendment filed in the original jurisdiction and
verification of the purpose of the entity in the original
jurisdiction;
- an affidavit, signed by the president of the company, listing
all of the current member/managers of the company; and
- satisfactory evidence of licensure in the original
jurisdiction and New York State for each member/manager of the
company. This may be verification of licensure from the licensing
authority in the original jurisdiction or a copy of a current
license or registration certificate.
In a foreign professional service limited liability company that
provides health services or the design services that include
professional engineering, land surveying, architecture or
landscape architecture, the members/manager of the company must
all be licensed in the original jurisdiction and in New York
State. (See Section I, "Professions
Under Jurisdiction of the State Education Department"
for a list of health services professions.)
The company name in New York State must be exactly as it is in
the original jurisdiction with the addition of the words
"Professional Limited Liability Company" or
"Limited Liability Company" or the abbreviation
"P.L.L.C.", "PLLC", "L.L.C." or
"LLC."
Foreign professional service limited liability company names used
in New York State must also satisfy all other conditions that are
required of companies originally formed in New York State. If the
name of the company in the original jurisdiction does not
reference the profession or professions to be practiced, a
Certificate of Assumed Name must also be filed along with the
application to the New York State Education Department.
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