We often get asked if it is possible to convert an LLC to a PLLC in New York. The short answer is no. Generally this question comes from a professional service provider who has mistakenly set up a regular LLC for a professional practice and is looking for a quick way to get back in compliance with the State of New York. There’s no LLC to PLLC conversion option because even though the names LLC and PLLC sound quite similar, the application process is much different.
The PLLC application process starts by applying for a Certificate of Authority with the New York State Education Department. In order to obtain their consent, the licensee must be in good standing and the proposed Articles of Organization must be in compliance with their PLLC approval process. Without a Certificate of Authority, the proposed business will not be able to file with the New York State Department of State.
Regular LLCs in New York are not required to go through this credential checking process, thus there would be no way for the NYS Department of State to confirm whether or not the proposed business is actually licensed to provide professional services if an LLC was allowed to convert to a PLLC ex post facto. From a consumer protection standpoint, it makes sense. Does the general public want their Doctors and Lawyers to be licensed and in good standing? Of course. However, from a start up perspective the high degree of PLLC scrutiny makes the application process more difficult.
If you need assistance filing a PLLC application send us an email to schedule a free phone consultation.