NJ LLC VS NY PLLC

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Nj will allow a NY resident to file and open a NY address as his office to practice law in NJ. How will that affect pending admission to the NY bar, and when it comes time to file in NY, how do you file a NJ llc as a NY PLLC (NJ does not recognize a PLLC, as a separate entity)

Attorney Answer

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Nancy Delain ·
If you plan to open an LLC in NJ for the practice of law and practice under that aegis in NY, you'll need to register your LLC as a foreign entity in NY. NY will recognize the LLC as a PLLC after you dance around with the Dept. of State a bit; contact that agency (http://www.dos.state.ny.us/corps/) to see exactly how to do this. It's not hard; it's just too long to explain in this forum. If you haven't yet formed your NJ LLC, you might want to reconsider and form a P.C. with a subchapter S designation. This: (1) standardizes the laws under which you operate in NJ and NY, since the law governing corporations is pretty standard across state lines and the law governing LLCs is not (as you've noticed); (2) avoids the LLC/PLLC dance that you WILL go through when you do this foreign-entity filing. Talk with your accountant about this possibility before you do it, though; it does have tax ramifications. Practice (including forming a NY professional entity or filing as a foreign professional entity in NY) without admission to New York's bar is unauthorized practice of law (UPL). NY bar admissions committees do not take kindly to UPL. THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.
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