S T A T E O F N E W Y O R K
________________________________________________________________________
S. 6336 A. 9132
S E N A T E - A S S E M B L Y
January 27, 2012
___________
IN SENATE -- Introduced by Sen. RITCHIE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Corporations,
Authorities and Commissions
IN ASSEMBLY -- Introduced by M. of A. LAVINE -- Multi-Sponsored by -- M.
of A. BRONSON, GABRYSZAK, GALEF, JAFFEE, McDONOUGH, P. RIVERA, STEVEN-
SON, TITONE, WEPRIN -- read once and referred to the Committee on
Corporations, Authorities and Commissions
AN ACT to amend the business corporation law, the education law and the
limited liability company law, in relation to permitting certified
interior designers to enter into joint enterprise or partnership of a
design corporation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of section 1503 of the business corporation
law, as amended by chapter 550 of the laws of 2011, is amended to read
as follows:
(a) Notwithstanding any other provision of law, one or more individ-
uals duly authorized by law to render the same professional service
within the state may organize, or cause to be organized, a professional
service corporation for pecuniary profit under this article for the
purpose of rendering the same professional service, except that one or
more individuals duly authorized by law to practice professional engi-
neering, architecture, landscape architecture, INTERIOR DESIGN or land
surveying within the state may organize, or cause to be organized, a
professional service corporation or a design professional service corpo-
ration for pecuniary profit under this article for the purpose of
rendering such professional services as such individuals are authorized
to practice.
S 2. Subdivision 4 of section 7209 of the education law, as amended by
chapter 550 of the laws of 2011, is amended to read as follows:
4. Engineers, land surveyors, architects, CERTIFIED INTERIOR DESIGN-
ERS, and landscape architects may join in the formation of a joint
enterprise, or a partnership or a professional service corporation or a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07972-05-2
S. 6336 2 A. 9132
design professional service corporation or may form any desired combina-
tion of such professions and may use in the name of such corporation the
title of any of the professions which will be practiced. After the name
of each member his or her profession shall be indicated.
S 3. Subdivision 2 of section 7307 of the education law, as amended by
chapter 550 of the laws of 2011, is amended to read as follows:
2. Engineers, land surveyors, architects, CERTIFIED INTERIOR DESIGN-
ERS, and landscape architects may join in the formation of a joint
enterprise, or a partnership or a professional service corporation or a
design professional service corporation or may form any desired combina-
tion of such professions and may use in the name of such corporation the
title of any of the professions which will be practiced. After the name
of each member his or her profession shall be indicated.
S 4. Subdivision 2 of section 7327 of the education law, as amended by
chapter 550 of the laws of 2011, is amended to read as follows:
2. Engineers, land surveyors, architects, CERTIFIED INTERIOR DESIGN-
ERS, and landscape architects may join in the formation of a joint
enterprise, or a partnership or a professional service corporation or a
design professional service corporation or may form any desired combina-
tion of such professions and may use in the name of such corporation the
title of any of the professions which will be practiced. After the name
of each member his or her profession shall be indicated.
S 5. Section 8307 of the education law is renumbered section 8308 and
a new section 8307 is added to read as follows:
S 8307. SPECIAL PROVISIONS. ENGINEERS, LAND SURVEYORS, ARCHITECTS,
CERTIFIED INTERIOR DESIGNERS, AND LANDSCAPE ARCHITECTS MAY JOIN IN THE
FORMATION OF A JOINT ENTERPRISE, OR A PARTNERSHIP, OR A PROFESSIONAL
SERVICE CORPORATION, OR A LIMITED LIABILITY PARTNERSHIP OR MAY FORM ANY
DESIRED COMBINATION OF SUCH PROFESSIONS AND MAY USE IN THE NAME OF SUCH
CORPORATION OR PARTNERSHIP THE TITLE OF ANY OF THE PROFESSIONS WHICH
WILL BE PRACTICED. AFTER THE NAME OF EACH MEMBER HIS OR HER PROFESSION
SHALL BE INDICATED.
S 6. Subdivision (a) of section 1203 of the limited liability company
law, as separately amended by chapters 420 and 676 of the laws of 2002,
is amended to read as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state. With respect to a professional service limited liability
company formed to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education law, each
member of such limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
S. 6336 3 A. 9132
state. With respect to a professional service limited liability company
formed to provide professional engineering, INTERIOR DESIGN, land
surveying, architectural and/or landscape architectural services as such
services are defined in article 145, article 147 [and], article 148 AND
ARTICLE 161 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 [and/or],
article 148 AND/OR ARTICLE 161 of the education law to practice one or
more of such professions in this state. With respect to a professional
service limited liability company formed to provide licensed clinical
social work services as such services are defined in article 154 of the
education law, each member of such limited liability company shall be
licensed pursuant to article 154 of the education law to practice
licensed clinical social work in this state. With respect to a profes-
sional service limited liability company formed to provide creative arts
therapy services as such services are defined in article 163 of the
education law, each member of such limited liability company must be
licensed pursuant to article 163 of the education law to practice crea-
tive arts therapy in this state. With respect to a professional service
limited liability company formed to provide marriage and family therapy
services as such services are defined in article 163 of the education
law, each member of such 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 professional service
limited liability company formed to provide mental health counseling
services as such services are defined in article 163 of the education
law, each member of such 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 professional service limited
liability company formed to provide psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice psychoanalysis in this state. In addi-
tion to engaging in such profession or professions, a professional
service limited liability company may engage in any other business or
activities as to which a limited liability company may be formed under
section two hundred one of this chapter. Notwithstanding any other
provision of this section, a professional service limited liability
company (i) authorized to practice law may only engage in another
profession or business or activities or (ii) which is engaged in a
profession or other business or activities other than law may only
engage in the practice of law, to the extent not prohibited by any other
law of this state or any rule adopted by the appropriate appellate divi-
sion of the supreme court or the court of appeals.
S 7. This act shall take effect immediately.