Section 1207. Membership of professional service limited liability companies  


Latest version.
  • (a) A member of a  professional  service  limited  liability
      company shall be only:
        (1)   A  professional,  other  than  a  foreign  professional  service
      corporation, foreign professional service limited liability  company  or
      foreign  limited liability partnership, authorized by law to practice in
      this  state  a  profession  that  such  limited  liability  company   is
      authorized to practice and who is or has been engaged in the practice of
      such  profession  in  such  limited  liability  company or a predecessor
      entity, or who will engage in the practice of such  profession  in  such
      limited   liability   company  within  thirty  days  of  the  date  such
      professional becomes a member;
        (2)  A  professional,  other  than  a  foreign  professional   service
      corporation,  foreign  professional service limited liability company or
      foreign limited liability partnership, authorized by law to practice  in
      any  foreign  jurisdiction  a  profession  that  such  limited liability
      company is authorized to practice and who is or has been engaged in  the
      practice  of  such  profession  in  such  limited liability company or a
      predecessor  entity,  or  who  will  engage  in  the  practice  of  such
      profession  in  such limited liability company within thirty days of the
      date such professional becomes a member; or
        (3) A foreign professional service corporation,  foreign  professional
      service   limited   liability   company  or  foreign  limited  liability
      partnership authorized by law to  practice  in  this  state  or  in  any
      foreign jurisdiction a profession that such limited liability company is
      authorized to practice and who is or has been engaged in the practice of
      such  profession  in  such  limited  liability  company or a predecessor
      entity, or who will engage in the practice of such  profession  in  such
      limited   liability   company  within  thirty  days  of  the  date  such
      professional becomes a member.
        (b) With respect to a professional 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 liability 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  state.  With  respect  to a professional
      service  limited  liability  company  formed  to  provide   professional
      engineering,    land    surveying,    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
      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  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
      professional  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 creative  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.
        (c)  No  member  of  a  professional service limited liability company
      shall enter into a voting trust agreement, proxy or any  other  type  of
      agreement  vesting  in another person, other than another member of such
      limited liability company or  professional  who  would  be  eligible  to
      become  a  member  of  such  limited liability company, the authority to
      exercise voting power of any or all of the membership interests of  such
      limited  liability  company. All membership interests or proxies granted
      or agreements made in violation of this section shall be void.