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Ask a Lawyer -- LLCs
LLC Question 167
Question:
I am forming an Electrical Contracting partnership. As a licensed contractor would I form a Professional Limited Liability Partnership or would I form a Limited Liability Partnership.From the information I have ready the professional is for a company that is required to be licensed, but I am not sure if this falls under that catagory. Any advice on how to handle this situation would be greatly appreciated. Thank you for your assistance
Response: I think a contractor operates his business as a standard LLC (as opposed to the PLLC) in Texas. Here are the introductory instructions from the Texas Secretary of State's office on the form articles used to organize a PLLC:The professional limited liability company (hereinafter PLLC) is a limited liability company that is formed for the purpose of providing a professional service. A "professional service" means any type of service that requires, as a condition precedent to the rendering of the service, the obtaining of a license in this state, including the personal service rendered by a dentist, attorney, physician, or veterinarian. Link The type of license they are referring to is one issued subsequent to a test of competence of the professional and includes educational requirements. Although unions have training and testing requirements for the building trades, I'm not aware of the state running tests for electrical contractors.
But to be certain on this point, best to contact the Texas Secretary of State's office and put the question to them: Corpinfo@sos.state.tx.us, Phone - (512) 463-5555.
Submitted: 02/03/2008; Cathryn, TX
Response: 02/05/2008; JJR
User Comments
From: Cathryn
State:TX
Posted: 02/05/2008
Subject: LLC for Electrical Contractor
Comment: In order to be an electrical contractor, a master electrician must own over 50% of the company. To be a master electrician there is educational and testing requirements. Does this require a PLLC or LLC. Without a master there can be no contractor.
From: Joe
State:Missouri
Posted: 02/05/2008
Subject: ask the state
Comment: As suggested above, submit your question to the Secretary of State's office through the contact information provided.
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