Is it legal for an allied health care professionals to form a LLC in the State of Massachusetts?
2 attorney answers
Speech pathology is not one of the professions described in M.G.L. ch. 156A Sec. 2 (b) (i) which are expressly authorized by statute to be either incorporate pursuant to the Massachusetts Professional Corporations Act or organize under the Massachusetts Limited Liability Company Act.
Nevertheless, M.G.L. ch. 156A, Sec. 2 (b) (ii) does provide that any other type of service which may only be rendered pursuant to a license issued by the commonwealth, may incorporate or organize an LLC provided that such incorporation is not prohibited by law or by regulations of the applicable regulating board.
Given this provision, the place to start would seem to be with your licensing board, to see if there is any rule disallowing incorporation or organization as an LLC.
You may wish to hire an attorney to help you with this process as, in addition to the regulatory board matters, there can be many traps for the unwary self-incorporator/organizer.
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A quick way to find out is to contact your licensing board. [For example, different levels of electricians have different restrictions for forming an LLC.] So start with your licensing board and they can also tell you what restrictions may apply. On the issue of forming an LLC in general [if allowable], I still recommend you engage legal counsel.
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