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Can a preschool incorporate as a Limited Liability Company in California ?

Irvine, CA |

Is a private preschool precluded from incorporating as an LL because it qualifies as a " professional service . " Preschools must be licensed through social services but when I called social services they did not know if this qualified the school as a " professional service . " Teachers and educational institutions do not appear to be listed under the CA Business and Professions code . I'm thinking this means it does not qualify as a " professional service " but I am trying to find a concrete answer . Thanks in advance for your assistance . Please scroll down to Professional Services section on Dept of State website . They advise calling the licensing department but when I called multiprocess services they were unable to give me an answer . HTTP : / / WWW . sos . ca . gov / business / be / filing - tips - ll . ht

Attorney Answers 1

Posted

As you noted, generally (with specified exceptions), the professions for professional corporations are required (for which LLCs are prohibited) are those for which services are rendered pursuant to a license, certification or registration authorized by the Business and Professions Code. (Please see the Corporations Code Sections at the first link, below.) Child care providers are not included in that set of professions.

Dealing with your situation more directly, Health and Safety Code Section 1596.80 (second link below) states that and "person" maintaining a child day care facility in CA must have a current valid license. Furthermore, Section 1596.79 (third link below) states that the definition of "person" includes a limited liability company. So a preschool may be operated by an LLC.

This information does not constitute legal advice and does not establish an attorney-client relationship.

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Extremely helpful. Thank you.

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