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N.Y. Ltd. Liab. Co. Law § 1207

Membership of professional service limited liability companies

Showing this section's text as in effect on January 1, 2017 (in force January 1, 2017 – January 1, 2024). View current text →

§ 1207. Membership of professional service limited liability\ncompanies. (a) A member of a professional service limited liability\ncompany shall be only:\n (1) A professional, other than a foreign professional service\ncorporation, foreign professional service limited liability company or\nforeign limited liability partnership, authorized by law to practice in\nthis state a profession that such limited liability company is\nauthorized to practice and who is or has been engaged in the practice of\nsuch profession in such limited liability company or a predecessor\nentity, or who will engage in the practice of such profession in such\nlimited liability company within thirty days of the date such\nprofessional becomes a member;\n (2) A professional, other than a foreign professional service\ncorporation, foreign professional service limited liability company or\nforeign limited liability partnership, authorized by law to practice in\nany foreign jurisdiction a profession that such limited liability\ncompany is authorized to practice and who is or has been engaged in the\npractice of such profession in such limited liability company or a\npredecessor entity, or who will engage in the practice of such\nprofession in such limited liability company within thirty days of the\ndate such professional becomes a member; or\n (3) A foreign professional service corporation, foreign professional\nservice limited liability company or foreign limited liability\npartnership authorized by law to practice in this state or in any\nforeign jurisdiction a profession that such limited liability company is\nauthorized to practice and who is or has been engaged in the practice of\nsuch profession in such limited liability company or a predecessor\nentity, or who will engage in the practice of such profession in such\nlimited liability company within thirty days of the date such\nprofessional becomes a member.\n (b) With respect to a professional service limited liability company\nformed to provide medical services as such services are defined in\narticle 131 of the education law, each member of such limited liability\ncompany must be licensed pursuant to article 131 of the education law to\npractice medicine in this state. With respect to a professional service\nlimited liability company formed to provide dental services as such\nservices are defined in article 133 of the education law, each member of\nsuch limited liability company must be licensed pursuant to article 133\nof the education law to practice dentistry in this state. With respect\nto a professional service limited liability company formed to provide\nveterinary services as such services are defined in article 135 of the\neducation law, each member of such limited liability company must be\nlicensed pursuant to article 135 of the education law to practice\nveterinary medicine in this state. With respect to a professional\nservice limited liability company formed to provide professional\nengineering, land surveying, architectural, landscape architectural\nand/or geological services as such services are defined in article 145,\narticle 147 and article 148 of the education law, each member of such\nlimited liability company must be licensed pursuant to article 145,\narticle 147 and/or article 148 of the education law to practice one or\nmore of such professions in this state. With respect to a professional\nservice limited liability company formed to provide licensed clinical\nsocial work services as such services are defined in article 154 of the\neducation law, each member of such limited liability company shall be\nlicensed pursuant to article 154 of the education law to practice\nlicensed clinical social work in this state. With respect to a\nprofessional service limited liability company formed to provide\ncreative arts therapy services as such services are defined in article\n163 of the education law, each member of such limited liability company\nmust be licensed pursuant to article 163 of the education law to\npractice creative arts therapy in this state. With respect to a\nprofessional service limited liability company formed to provide\nmarriage and family therapy services as such services are defined in\narticle 163 of the education law, each member of such limited liability\ncompany must be licensed pursuant to article 163 of the education law to\npractice marriage and family therapy in this state. With respect to a\nprofessional service limited liability company formed to provide mental\nhealth counseling services as such services are defined in article 163\nof the education law, each member of such limited liability company must\nbe licensed pursuant to article 163 of the education law to practice\nmental health counseling in this state. With respect to a professional\nservice limited liability company formed to provide psychoanalysis\nservices as such services are defined in article 163 of the education\nlaw, each member of such limited liability company must be licensed\npursuant to article 163 of the education law to practice psychoanalysis\nin this state. With respect to a professional service limited liability\ncompany formed to provide applied behavior analysis services as such\nservices are defined in article 167 of the education law, each member of\nsuch limited liability company must be licensed or certified pursuant to\narticle 167 of the education law to practice applied behavior analysis\nin this state.\n (c) No member of a professional service limited liability company\nshall enter into a voting trust agreement, proxy or any other type of\nagreement vesting in another person, other than another member of such\nlimited liability company or professional who would be eligible to\nbecome a member of such limited liability company, the authority to\nexercise voting power of any or all of the membership interests of such\nlimited liability company. All membership interests or proxies granted\nor agreements made in violation of this section shall be void.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.