If you own a business for a licensed occupation, you may already be familiar with PLLCs and their potential value for your business. For those of you that could benefit from having a PLLC but need more information about them and what they offer your business, here’s a full breakdown of what you need to know and why they are important!
When you understand the fundamental differences between a PLLC and an LLC, it’s clear and easy to understand which one makes the most sense for your business. So let’s get to it!
So what is a PLLC? NerdWallet defines a PLLC as “a business structure that offers personal asset protection for business owners in licensed occupations, such as medicine and law.” The PLLC offers the same kind of benefits, namely asset protection, as an LLC does, but specifically for the fields of practice that are required to have certain licenses to practice business.
You can think of a PLLC almost the same as an LLC, except a PLLC is (Professional Limited Liability Company) is meant to govern businesses (especially partnerships) with professionals within a specific industry. Individual states have different policies for PLLCs and set which industries may be required to form PLLCs to operate.
Let’s move onto where you create a PLLC, what states offer them for business formation, and which states don’t.
In order to be eligible to create a PLLC, you first need to be a licensed professional in an industry your state allows to create PLLCs. Some common professions that choose to form PLLCs include doctors, attorneys, engineers, and chiropractors, but you will need to look at your state’s policy to determine the full list of industries where forming a PLLC is an option.
Once you determine whether or not your state allows you to create a PLLC, you will need approval from your state’s board that regulates your profession (state medical board, bar, etc.). If you are a licensed professional in your field and your state prefers for your industry to file a PLLC, you can move forward with forming your business in this fashion.
No, only certain states allow you to have a PLLC. PLLCs are state specific and there are certain rules regarding PLLCs in the states where they are allowed. So which states are you allowed to create a PLLC?
Arkansas, Arizona, Colorado, District of Columbia, Florida, Idaho, Iowa, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington and West Virginia. There are options for filing for your PPLC in your state and MyCorporation can help you decide what level of support you may need during the process.
Alaska, Alabama, California, Connecticut, Delaware, Georgia, Hawaii, Illinois, Indiana, Kansas, Louisiana, Maryland, Missouri, Nebraska, New Jersey, New Mexico, Ohio, Oregon, Rhode Island, South Carolina, Wisconsin and Wyoming.
Limitations on members and limitation on individual liability make up the two biggest differences between
So why do you need a PLLC as a licensed professional? Since both PLLCs and LLCs offer asset protection and separation of liability between your company and you personally, what are the main differences between the two?
The main difference between a PLLC and an LLC is that the PLLC has limitations on who can be a member of the PLLC. Where PLLCs are allowed, only certain types of professionals can be a part of a PLLC. This is usually limited to licensed professionals within a specific industry or field.
The other main difference is that with an LLC the members are covered from being individually held liable for unfortunate interactions that customers, clients, or other businesses may have with the LLC. With the PLLC structure, there is still some coverage for the members when it comes to liability, but members can still be individually held liable in cases of malpractice.
For example, if a group of physicians decide to start a PLLC, they can all become members of the PLLC to get the asset and general liability protection that an LLC offers. However, if one of the physicians were to perform a botched operation, surgery, or medical procedure that could be considered medical malpractice, that physician can now be singled out for the action that led to the malpractice claim.
In some cases, you may be waiting on your state’s board that governs your particular industry before you can form your PLLC, so the PLLC process can take longer than forming an LLC.
You will still need to:
Hopefully this gave you a crash course in PLLCs, what PLLCs mean for you, whether or not you need one, and the process you need to go through to apply for and form your PLLC! Whether you’re a physician, dentist, architect, engineer, or other licensed professional (as outlined by your state’s law), you can follow this framework to get your business started as a PLLC once you’ve gotten your license and have found your organization’s partners. And the best place to file for your PLLC is MyCorporation!
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