NY LLC L § 1301 (2021)
2021 New York Laws LLC - Limited Liability Company Law Article 13 - 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,  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.