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This entry was published on 2016-11-25
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SECTION 1301
Definitions
Limited Liability Company Law (LLC) CHAPTER 34, ARTICLE 13
§ 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, 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.

(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,
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.

(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.