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Ask a Lawyer -- LLCs
LLC Question 147
Question:
I am a CA tree service cotractor thinking about forming an LLC. My trade requires that i have a state cotractors license, which i have. My question is: "Do i have to form a professional LLC?"
Response: To my knowledge, California does not allow professionals to operate their practices as LLCs. The options are partnership or professional corporation. Here is a link to a prior question I answered on the issue of professionals and LLCs in California. Professionals who are required to have special training and take licensing tests such as doctors, engineers, architects, lawyers, and pharmacists cannot operate as LLCs. Another group of service providers who are required to be licensed but not to have the same high level of education and testing as the first group can operate their businesses as LLCs. In this second group are barbers, locksmiths, private detectives, alarm companies, structural pest control operators, electronic and appliance repair shops and automotive repair dealers. See California Attorney General Opinion 04-103. I believe tree services would fall in the 2nd group and, thus, you may operate as an LLC. If you wish to get it from the horse's mouth (so to speak), please contact the California Secretary of State's office.
Submitted: 11/17/2007; Mike, Cali.
Response: 11/19/2007; JJR
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