Thursday, December 22, 2011

Special Rules for Regulated Professionals

By: Milt Thompson
BleekeDillonCrandall Attorneys

The Indiana Act makes few special provisions for professional limited liability companies. This section should be seen as augmenting the above general discussion of Indiana LLC law.

Except for the provisions in the Indiana Act concerning personal liability of members, managers, employees, and agents, that Act does not restrict or limit the authority and duties of licensing authorities who regulate the provision of professional services. Similarly, the law applicable to the relationship between a person rendering professional services and a person receiving them is not altered. A person’s acts or omissions subject that person to whatever legal consequences are otherwise applicable, notwithstanding that person’s status with regard to membership in, or management of, an LLC.

The Act permits professionals to practice as LLCs to the extent the applicable licensing authority permits such practice. The Indiana licensing authority must comply with proper administrative provisions as outlined in I.C. 23-1.5. Under Indiana law, a professional corporation may be formed to render professional services. The law specifically allows for the corporation of accountants, architects, attorneys, health care providers, veterinarians, and real estate professionals.

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