Essential Legal Checklist for New York PLLC Formation

Are you a therapist, counselor, chiropractor, or psychologist looking to establish a Professional Limited Liability Company (PLLC)? As a professional in a regulated industry, forming a PLLC involves specific legal considerations. At MJ Morley Law, we understand the unique challenges you face, which is why we've created this comprehensive legal checklist tailored to PLLC formation. Let's explore the essential steps to establish your PLLC and protect your practice!

Understanding NEW YORK PLLC Formation

Forming a Professional Limited Liability Company (PLLC) requires adherence to industry-specific regulations. Below is a checklist of crucial legal items to address, with explanations to guide you through each step. While this checklist serves as a valuable guide, it's essential to consult with a legal professional specializing in PLLC formation to ensure compliance with state laws and regulations.

1. Determine PLLC Eligibility:

1. Check State Requirements: Review your state's regulations to ensure eligibility for forming a PLLC.

2. Pro Tip: Many states require that all members of the PLLC hold professional licenses in the same field.

2. Choose a Professional Name:

1. Select a Unique Name: Choose a name for your PLLC that is unique and not already in use.

2. Pro Tip: Verify name availability through the New York Department of State's Division of Corporations Business Entity Database.

   3. Professional Licensing:

   1. Verify Licensing Requirements: Ensure all members of the PLLC hold current and valid professional licenses. These will need to be submitted to New York State’s Education Department Office of Professions. You must obtain a Certificate of Authority from the Office of the Professions (Form PLS709) under seal from the New York State Department of Education, Division of Professional Licensing Services, Corporations Unit, 89 Washington Avenue, 2nd Floor, Albany, NY 12234. This can only be applied for through the mail! No online filing allowed, and you must wait for this to be returned to you.

   2. Pro Tip: Maintain up-to-date licenses and comply with ongoing professional development requirements.

4. Articles of Organization:

1. Prepare Articles of Organization: Draft and file the Articles of Organization with the New York Department of State.

2. Pro Tip: Include details such as PLLC name, address, registered agent, and professional services provided.

3. Use the New York Department of State's template for Articles of Organization.

5. Operating Agreement:

1. Create an Operating Agreement: Establish the internal rules and management structure of the PLLC.

2. Pro Tip: Include provisions for decision-making, profit sharing, admission of new members, and dissolution procedures.

6. Professional Liability Insurance:

1. Obtain Professional Liability Insurance: Protect your practice and assets with professional liability insurance.

2. Pro Tip: Select coverage that suits the specific risks of your profession and practice.

7. Compliance with Professional Regulations:

1. Understand Regulatory Compliance: Familiarize yourself with industry-specific regulations and professional ethics.

2. Pro Tip: Stay updated on changes in regulations and maintain compliance with licensing boards.

8. Tax Considerations:

1. EIN Application: Obtain an Employer Identification Number (EIN) from the IRS for tax purposes.

2. Tip: Use the IRS website to apply for an EIN online.

3. Tax Elections: Decide on the tax classification for your PLLC, such as partnership or corporation (Consider becoming an S Corp).

4. Pro Tip: Consult with a tax professional to determine the most advantageous tax election for your PLLC.

9. State and Local Permits:

1. Obtain Business Licenses: Research and obtain any necessary state and local business licenses.

2. Pro Tip: Check with city and county offices for specific requirements in your location.

10. Record-Keeping:

1. Maintain Proper Records: Establish a system for maintaining financial and operational records.

2. Pro Tip: Keep accurate records of income, expenses, meetings, and resolutions.

Congratulations! You've completed the essential legal checklist for forming your Professional Limited Liability Company (PLLC). Each step is vital to establishing a solid legal foundation for your practice. At MJ Morley Law, we specialize in assisting professionals like you with PLLC formation and compliance.

Ready to launch your PLLC with confidence? Contact us today for a consultation. Let MJ Morley Law be your partner in PLLC formation and protection!

About MJ Morley Law:

MJ Morley Law is a proud woman-owned law firm located in Buffalo, New York. We serve clients across New York State and those operating online. We focus on professionals in regulated industries and offer efficient and fair legal services tailored to PLLC formation, compliance, and protection. Let us help you navigate the legal complexities of your practice.