STARTING a Professional Limited Liability Company (PLLC) in NY
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Disclaimer
The information in this guide is not legal advice and is not intended to be relied upon as legal advice. The guide highlights some essential steps; it does not cover all the related laws and regulations. This guide was last updated on April 15, 2024 and some of the information may have since changed. If you have a legal issue, you should not rely on this information and instead speak to an attorney.
1. Determine if a New York PLLC is Right for You.
a. PLLCs are typically used for health, design, and other licensed professions.
b. Multi-member PLLCs may only provide services in one field, except for PLLCs formed by professional engineers, architects, landscape architects, geologists, and land surveyors. With some notable exceptions, single-member PLLCs may provide services in multiple fields if the individual member is properly licensed in each field.
c. Consider alternate professional service entities such as a Professional Corporation (“PC”) or Design Professional Corporation (“DPC”). Consider the tax consequences of the different options and speak with a tax professional.
d. Consider a foreign PLLC if you have an existing PLLC or LLC in another state.
e. Contact Pepitone Law for a free consultation about your plans and our services.
2. Choose a Name.
a. Consider the restrictions on your business name.
b. Choose a business name that is not already registered with the New York Department of Corporations.
3. Request Authority to Form the Entity from the Office of Professions.
a. Note specific filing instructions and filing tips.
Note for attorneys forming a PLLC for their own practice: request a Certificate of Good Standing instead of a Certificate of Authority.
4. File the Article of Organization with the NY Department of State.
a. Once you have the Certificate of Authority, file the Articles of Organization, the Certificate of Authority, and the Payment Authorization with a request for a certified copy with the New York State Department of State (filing fee of $200.00, $10.00 for certified copy).
b. For fastest processing, request Expedited Handling.
5. Complete Registration with the Office of Professions (for all professionals other than attorneys).
a. File the certified copy of the Articles of Organization with the Office of Professions.
b. Confirm your business is listed on the official professional business entity database.
6. Publish Notice of the Formation of Your PLLC.
a. Contact the County Clerk to find out which newspapers you must publish notice of your PLLC in.
b. Contact the selected newspapers and request publication of your notice for six consecutive weeks (publication fees differ by county and newspaper).
c. Submit a Certificate of Publication with your proofs of publication from the newspapers with the New York Department of State (filing fee: $50.00).
7. Draft and Adopt an Operating Agreement.
a. An Operating Agreement is a legal document establishing the internal rules of the business. They typically include provisions on the business purpose, admitting members, capital contributions and distributions, and management structure.
b. You can draft and adopt the Operating Agreement when you file the Articles of Organization (you don’t have to wait for publication to be complete).
8. Maintain Your Entity
a. File Biennial Statements with the New York Department of State and Renewals with the Office of Professions.
b. Report changes to the Office of Professions.
c. You can find more information about maintaining your PLLC in our guide, Basic Legal Maintenance for New York Employers.
9. Contact Pepitone Law for a free consultation about your plans and our services.
Pepitone Law’s services include:
a. Advice about the best business entity for your needs and an appropriate business name; advice about your private practice and business operations tailored to your plans and preferences;
b. Management of the PLLC formation process, including the publication requirement;
c. Assistance with the business’s BOIR, EIN, NPI (if needed), and initial report to the New York State Department of Taxation and Finance; and
d. Information and advice about administrative matters like banking and credit, malpractice and other insurances, practicing in other states, recordkeeping, transferring clients from another practice, professional wills, identifying deceptive junk mail, registered agents, foreign entity registration, PLLC maintenance and reporting requirements, and more.
We strive to give you peace of mind throughout the process so that you can focus on building your practice.
You can learn more about our specific services for certain licensed professionals here:
Contact Pepitone Law for a free consultation about your plans and our services.
