Section 1301. Definitions  


Latest version.
  • 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,  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.
        (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,
      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.