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This entry was published on 2022-07-29
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SECTION 1505
Professional relationships and liabilities
Business Corporation (BSC) CHAPTER 4, ARTICLE 15
§ 1505. Professional relationships and liabilities.

* (a) Each shareholder, employee or agent of a professional service
corporation and a design professional service corporation shall be
personally and fully liable and accountable for any negligent or
wrongful act or misconduct committed by him or by any person under his
direct supervision and control while rendering professional services on
behalf of such corporation.

* NB Effective until July 21, 2024

* (a) (i) Each shareholder, employee or agent of a professional
service corporation and a design professional service corporation shall
be personally and fully liable and accountable for any negligent or
wrongful act or misconduct committed by him or by any person under his
direct supervision and control while rendering professional services on
behalf of such corporation.

(ii) An employee stock ownership plan owning greater than twenty-five
percent of the outstanding shares of a design professional service
corporation organized under paragraph (b-1) of section fifteen hundred
three of this article shall be under the supervision of the regents of
the university of the state of New York, shall register with the state
education department and shall be issued a certificate granting such
employee stock ownership plan the authority to hold shares of such
corporation. Such certificate shall be subject to professional
misconduct provisions as set forth in article one hundred thirty of the
education law. In addition, the failure to maintain an active
registration with the state education department shall also subject such
certificate to discipline as provided above. The secretary of state
shall be the designated agent for service of process in any disciplinary
matter involving a registered employee stock ownership plan.

(iii) Any such employee stock ownership plan shall not influence, or
attempt to influence, any decisions that fall within a design
professional's scope of practice.

* NB Effective July 21, 2024

(b) The relationship of an individual to a professional service
corporation or a design professional service corporation with which such
individual is associated, whether as shareholder, director, officer,
employee or agent, shall not modify or diminish the jurisdiction over
him of the licensing authority and in the case of an attorney and
counsellor-at-law, the other courts of this state.