2015 New York Laws
LLC - Limited Liability Company Law
Article 13 - (Limited Liability Company Law) 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. With respect
  to  a  foreign  professional  service  limited  liability  company which
  provides applied behavior analysis services as such services are defined
  in article 167 of  the  education  law,  each  member  of  such  foreign
  professional  service  limited  liability  company  must  be licensed or
  certified pursuant to article 167  of  the  education  law  to  practice
  applied behavior analysis in this state.
* NB Effective until November 21, 2016
* (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,  geologic,
  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.  With respect to a foreign professional
  service  limited  liability  company  which  provides  applied  behavior
  analysis  services  as  such  services are defined in article 167 of the
  education law, each member of such foreign professional service  limited
  liability  company must be licensed or certified pursuant to article 167
  of the education law to  practice  applied  behavior  analysis  in  this
  state.
* NB Effective November 21, 2016
(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.
* NB Effective until November 21, 2016
* (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, geologic, 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.
* NB Effective November 21, 2016
(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.