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Professional Limited Liability Company

Last updated Sunday, April 7, 2024

 

What is a PLLC?

While licensed professionals of all kinds, such as doctors, lawyers, architects, and accountants can form businesses with all the benefits of an LLC, an alternative structure exists for these industries called a professional limited liability company (PLLC). This structure is specifically designed for businesses that require professional licensing to operate.

 

PLLCs have their own requirements; require proof of licensing and member approval from the state licensing board. Certain industries may also have their own regulations. Proof of licensing and approval from any applicable state governing agency is required at the time the articles of organization are filed with the secretary of state.

 

LLC vs PLLC: Similarities

 

LLCs and PLLCs share almost identical qualities when it comes to how they are formed, structured, taxed, and regulated. They mirror one another in the following ways:

·         Both are formed by filing Articles of Organization with their state of formation.

·         Both allow members to elect corporate status for tax purposes.

·         Both include the same structural flexibilities.

·         Both offer limited liability protection to their members.

·         Both are taxed as pass-through entities.

 

LLC vs PLLC: Differences

 

While at basic levels an LLC and a PLLC are the same, there are some important distinctions. When forming a PLLC, the state will require proof of professional licensing before approval your articles of organization. There are also important considerations when it comes to the scope of limited liability protection.

 

·         Malpractice: A PLLC does not protect members from malpractice claims related to their own professional actions. PLLC members do, however, retain protection from claims resulting from malpractice by other company members.

For example, if you’re a physician in a medical PLLC and a patient sues another physician in the practice, your personal finances remain protected. Only the finances of the business, including the percentage you own, will be at risk. However, PLLC members will generally need to carry malpractice insurance to cover claims made against them personally.

 

·         Personal guarantees: Because of the increased risks associated with my PLLCs, lenders may be more likely to require a personal guarantee before approving loans. This can subject PLLC members to more personal liability than LLC members.

 

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