Читать книгу Ultimate LLC Compliance Guide - Michael Spadaccini - Страница 20

Some types of licensed professions are not legal purposes for LLCs and corporations. The practice of law and the practice of medicine are the most universal and most illustrative examples of this prohibition. Because lawyers and doctors face professional malpractice liability for errors that they make in their practices, it would be unfair to the public to allow such professionals to enjoy liability protection from such errors. The types of business purposes that a given state will allow will vary widely. For example, California prohibits use of the LLC or corporate forms for any profession that requires a “license, certification, or registration.” This prohibition excludes more than 100 professions, including such diverse practitioners as lawyers, real estate brokers, and pest control operators.

As mentioned earlier, in states that allow it (not all do), licensed professionals must use a special form of LLC, the professional limited liability company (PLLC). We discuss the PLLC in some detail in Section VI: Related Concepts. Professional LLCs are complex entities and their formation and operation should be left to the pros.

▼ Good to Know

As a practical matter, banks, suppliers, and others with whom you may need to establish a credit or working relationship may request to see copies of your articles of organization and operating agreement and may be more apt to establish a relationship if some specific description of purposes and powers is included in the articles.