New Regulation for Those looking to form a new PC or PLLC in New York

By Frank Orlando

Starting March 18th 2015 the New York Department of Education, Office of Professions, implemented new rules/restrictions with reference to the naming of your new professional company.

The office of professions will now reject any new submissions if:

  • The company name only has 1 word different or has the same first 1 or 2 significant words

(e.g. AAA Medical Services P.C. and AAA Medical Group P.C. would be too similar)

  • Has sequential numbers in the name

(e.g. AAA Medical Services I P.C. and AAA Medical Services II P.C. would be too similar)

  • Only adds a location as the differing term in the name

(e.g. AAA Medical Services P.C. and AAA Medical Services of New York P.C. would be too similar)

The Office of Professions will make these determinations as they receive them in their office for review. The names will be checked against other names on file with their department and cross reference it with the licensee and other companies registered under their license number. If they deem that the names are too similar they will issue a rejection letter.

An official reason for the change has not been issued but we believe that the Office of Professions made this ruling in order to reduce the number similar professional company names that cause confusion to patrons who think that multiple professional companies are related through franchise or joint ownership because of the company name.

Further, it has been expressed by the Office of Professions that, if a different company is being formed for each location where a professional company conducts business, even if it has the same owners, the company name should be significantly different. However, a professional company can still have multiple locations using the same name as long as they are operated under the umbrella of one professional company.

Please note that this ruling will not be retroactive thus will not affect any company that has already received approval from the Office of Professions or has been filed with the New York Department of State, Division of Corporations.

As the new rules/restrictions are implemented there are sure to be some delays and unforeseen name rejections. Accumera will continue to do our best to make sure that your new professional company name is available prior to submission to the Office of Professions, a process that can take 8 to 10 weeks. We will update as we hear further on this developing situation.

Please contact us with any questions. info@accumera.com 518-937-9117

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