Legal Question in Business Law in New York
Hello. I am interested in forming a LLC. I am a Licensed Massage Therapist living in New York State. I understand, that I would have to file a Professional LLC, which can be expensive to do. I was told once that I could file a regular LLC, and then do my Massage Business through a DBA. The LLC I would be forming, would also represent other future ventures which aren't Massage related, also through DBAs. Is this possible? Can I just form a normal LLC and work through a DBA, thus saving money in fees? Thank you for any help and insight you can offer.
2 Answers from Attorneys
A PLLC is no more expensive than a regular LLC. However, there is a slightly different procedure to have it formed. If you have a lawyer do it, it might cost a few dollars more. You can see http://www.CheapNewYorkLLC.com for more info.
The cost to set up a professional entity is marginally more expensive because often there is more to consider regards to the operating agreement and there is also an additional step that involves a certification with the Dept of Ed. We have handled many of these formations for our professional clients and they are really not much more in terms of overall price.
You could not, however, legally do what you suggest here because the underlying LLC would not qualify if in fact you are selling professional services as they are defined under NY law. The fact that you create a DBA/FBN under that entity changes nothing. You cannot indirectly that which you are prohibited from doing directly, which is what you are suggesting here.
Before you do anything further, I strongly suggest you discuss it over with a lawyer in private so everything is clear and all your options can be explored.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section):
http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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