2013 New York Consolidated Laws
LLC - Limited Liability Company Law
Article 13 - (1301 - 1309) FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANIES
1301 - Definitions.

 
    §  1301.  Definitions.  As  used  in  this article, unless the context
  otherwise requires, the term:
    (a) "Foreign professional service limited liability company"  means  a
  professional   service   limited   liability  company,  whether  or  not
  denominated as such, organized under the laws of  a  jurisdiction  other
  than  this  state,  (i) each of whose members and managers, if any, is a
  professional authorized by law to render a professional  service  within
  this  state  and  who  is  or  has  been engaged in the practice of such
  profession in such professional service limited liability company  or  a
  predecessor entity, or will engage in the practice of such profession in
  the professional service limited liability company within thirty days of
  the  date  such  professional becomes a member, or each of whose members
  and managers, if any, is a professional at least one of such members  is
  authorized by law to render a professional service within this state and
  who  is  or  has been engaged in the practice of such profession in such
  professional service limited liability company or a predecessor  entity,
  or  will  engage  in the practice of such profession in the professional
  service limited liability company within thirty days of  the  date  such
  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
  license, certificate, registration or permit  issued  by  the  licensing
  authority  pursuant  to,  the  education  law  to  render a professional
  service within this state; except that all members and managers, if any,
  of  a  foreign  professional  service  limited  liability  company  that
  provides  health services in this state shall be licensed in this state.
  With respect to a foreign professional service limited liability company
  which provides veterinary services  as  such  services  are  defined  in
  article   135  of  the  education  law,  each  member  of  such  foreign
  professional  service  limited  liability  company  shall  be   licensed
  pursuant  to  article  135  of  the education law to practice veterinary
  medicine.  With  respect  to  a  foreign  professional  service  limited
  liability  company  which provides medical services as such services are
  defined in article 131 of the education law, each member of such foreign
  professional service limited liability company must be licensed pursuant
  to article 131 of the education law to practice medicine in this  state.
  With respect to a foreign professional service limited liability company
  which  provides  dental services as such services are defined in article
  133 of the education law,  each  member  of  such  foreign  professional
  service  limited  liability company must be licensed pursuant to article
  133 of the education law to  practice  dentistry  in  this  state.  With
  respect  to  a  foreign  professional  service limited liability company
  which provides professional engineering, land  surveying,  architectural
  and/or  landscape architectural services as such services are defined in
  article 145, article 147 and article 148  of  the  education  law,  each
  member  of  such  foreign professional service limited liability company
  must be licensed pursuant to article 145, article 147 and/or article 148
  of the education law to practice one or more of such professions in this
  state. With respect to a foreign professional service limited  liability
  company  which  provides  licensed clinical social work services as such
  services are defined in article 154 of the education law, each member of
  such foreign professional service limited  liability  company  shall  be
  licensed  pursuant  to  article  154  of  the  education law to practice
  clinical  social  work  in  this  state.  With  respect  to  a   foreign
  professional  service  limited liability company which provides creative
  arts therapy services as such services are defined in article 163 of the
  education law, each member of such foreign professional service  limited
  liability  company  must  be  licensed  pursuant  to  article 163 of the
  education law to practice creative arts  therapy  in  this  state.  With
  respect  to  a  foreign  professional  service limited liability company

  which provides marriage and family therapy services as such services are
  defined in article 163 of the education law, each member of such foreign
  professional service limited liability company must be licensed pursuant
  to  article  163  of  the  education law to practice marriage and family
  therapy in this state. With respect to a  foreign  professional  service
  limited  liability  company  which  provides  mental  health  counseling
  services as such services are defined in article 163  of  the  education
  law,  each member of such foreign professional service limited liability
  company must be licensed pursuant to article 163 of the education law to
  practice mental health counseling in  this  state.  With  respect  to  a
  foreign  professional  service  limited liability company which provides
  psychoanalysis services as such services are defined in article  163  of
  the  education  law,  each  member  of such foreign professional service
  limited liability company must be licensed pursuant to  article  163  of
  the education law to practice psychoanalysis in this state.
    (b)  "Licensing  authority" means the regents of the university of the
  state of New York or the state education department, as the case may be,
  in the case of  all  professions  licensed  under  title  eight  of  the
  education  law,  and  the  appropriate appellate division of the supreme
  court in the case of the profession of law.
    (c)  "Profession"  includes  any   practice   as   an   attorney   and
  counselor-at-law,  or  as  a  licensed  physician, and those professions
  designated in title eight of the education law.
    (d) "Professional" means an individual duly authorized to  practice  a
  profession,  a  professional service corporation, a professional service
  limited  liability  company,  a  foreign  professional  service  limited
  liability company, a registered limited liability partnership, a foreign
  limited   liability   partnership,   a   foreign   professional  service
  corporation or a professional partnership.
    (e) "Professional service" means any type of  service  to  the  public
  that  may  be  lawfully  rendered by a member of a profession within the
  purview of his or her profession.
    (f) "Professional partnership" means (1) a partnership without limited
  partners each of whose partners is a professional authorized by  law  to
  render  a  professional  service  within  this  state, (2) a partnership
  without limited partners each of whose partners is  a  professional,  at
  least  one of whom is authorized by law to render a professional service
  within  this  state  or  (3)  a  partnership  without  limited  partners
  authorized by, or holding a license, certificate, registration or permit
  issued  by  the  licensing  authority  pursuant  to the education law to
  render a  professional  service  within  this  state;  except  that  all
  partners of a professional partnership that provides medical services in
  this state must be licensed pursuant to article 131 of the education law
  to  practice  medicine  in this state and all partners of a professional
  partnership that provides dental services in this state must be licensed
  pursuant to article 133 of the education law to  practice  dentistry  in
  this  state; except that all partners of a professional partnership that
  provides veterinary services in this state must be licensed pursuant  to
  article 135 of the education law to practice veterinary medicine in this
  state;   and   further  except  that  all  partners  of  a  professional
  partnership that  provides  professional  engineering,  land  surveying,
  architectural,  and/or  landscape  architectural  services in this state
  must be licensed pursuant to article 145, article 147 and/or article 148
  of the education law to practice one or more of such professions.
    (g)  "Professional  service  corporation"  means  (i)  a   corporation
  organized under article fifteen of the business corporation law and (ii)
  any  other  corporation  organized under the business corporation law or
  any predecessor statute, which is authorized by,  or  holds  a  license,

  certificate,  registration  or permit issued by, the licensing authority
  pursuant to the education law to  render  professional  services  within
  this state.
    (h)  "Professional  service limited liability company" means a limited
  liability company organized under article twelve of this chapter.
    (i) "Foreign professional service corporation" has the  meaning  given
  to  it  in  paragraph  (d) of section fifteen hundred twenty-five of the
  business corporation law.