Counselors: A Montana LLC may be organized for any lawful purpose except banking or insurance (MCA 35-8-106(2)). A professional LLC may be organized only to render professional services (35-8-1301), and a professional corporation only to render professional services (35-4-205). Both acts define a professional service as one that only licensed persons may lawfully render and that an ordinary LLC (35-8-102(26)) or ordinary business corporation (35-4-109(5)) may not lawfully render. Clinical professional counseling may be practiced only by licensees (37-39-309(1)), and an ordinary business corporation may engage in a business regulated by another statute only if that statute permits it (35-14-301(2)), which the licensing statute does not do, so a professional corporation is available. A professional LLC is available on the same reading of 35-8-102(26). PLLC members must be licensed persons or qualifying firms, at least half of the managers must be qualified persons, the name must include PLLC or a listed variant, and the articles must state the professional service (35-8-1304, 35-8-1303, 35-8-1302, 35-8-202(1)(g)). A professional corporation must file a copy of its articles with the licensing board before rendering services and an annual statement with the board before March 1 (35-4-208, 35-4-209(2)). Whether an ordinary LLC may render these services is not settled: the LLC act allows any lawful purpose except banking or insurance (35-8-106(2)) and has no counterpart to 35-14-301(2), the definition in 35-8-102(26) assumes some licensed services may not be rendered by an LLC that is not a PLLC without saying which, and no licensing statute or board rule answers it. The Board of Behavioral Health says it regulates licensees as individuals and not the business aspects of a practice; the Secretary of State or an attorney can confirm whether an ordinary LLC is allowed.
Marriage and family therapists: A Montana LLC may be organized for any lawful purpose except banking or insurance (MCA 35-8-106(2)). A professional LLC may be organized only to render professional services (35-8-1301), and a professional corporation only to render professional services (35-4-205). Both acts define a professional service as one that only licensed persons may lawfully render and that an ordinary LLC (35-8-102(26)) or ordinary business corporation (35-4-109(5)) may not lawfully render. Marriage and family therapy may be practiced only by licensees (37-39-311(1)), and an ordinary business corporation may engage in a business regulated by another statute only if that statute permits it (35-14-301(2)), which the licensing statute does not do, so a professional corporation is available. A professional LLC is available on the same reading of 35-8-102(26). PLLC members must be licensed persons or qualifying firms, at least half of the managers must be qualified persons, the name must include PLLC or a listed variant, and the articles must state the professional service (35-8-1304, 35-8-1303, 35-8-1302, 35-8-202(1)(g)). A professional corporation must file a copy of its articles with the licensing board before rendering services and an annual statement with the board before March 1 (35-4-208, 35-4-209(2)). Whether an ordinary LLC may render these services is not settled: the LLC act allows any lawful purpose except banking or insurance (35-8-106(2)) and has no counterpart to 35-14-301(2), the definition in 35-8-102(26) assumes some licensed services may not be rendered by an LLC that is not a PLLC without saying which, and no licensing statute or board rule answers it. The Board of Behavioral Health says it regulates licensees as individuals and not the business aspects of a practice; the Secretary of State or an attorney can confirm whether an ordinary LLC is allowed.
Social workers: A Montana LLC may be organized for any lawful purpose except banking or insurance (MCA 35-8-106(2)). A professional LLC may be organized only to render professional services (35-8-1301), and a professional corporation only to render professional services (35-4-205). Both acts define a professional service as one that only licensed persons may lawfully render and that an ordinary LLC (35-8-102(26)) or ordinary business corporation (35-4-109(5)) may not lawfully render. Social work may be practiced only by licensees (37-39-308(1)), and an ordinary business corporation may engage in a business regulated by another statute only if that statute permits it (35-14-301(2)), which the licensing statute does not do, so a professional corporation is available. A professional LLC is available on the same reading of 35-8-102(26). PLLC members must be licensed persons or qualifying firms, at least half of the managers must be qualified persons, the name must include PLLC or a listed variant, and the articles must state the professional service (35-8-1304, 35-8-1303, 35-8-1302, 35-8-202(1)(g)). A professional corporation must file a copy of its articles with the licensing board before rendering services and an annual statement with the board before March 1 (35-4-208, 35-4-209(2)). Whether an ordinary LLC may render these services is not settled: the LLC act allows any lawful purpose except banking or insurance (35-8-106(2)) and has no counterpart to 35-14-301(2), the definition in 35-8-102(26) assumes some licensed services may not be rendered by an LLC that is not a PLLC without saying which, and no licensing statute or board rule answers it. The Board of Behavioral Health says it regulates licensees as individuals and not the business aspects of a practice; the Secretary of State or an attorney can confirm whether an ordinary LLC is allowed.
Psychologists: A Montana LLC may be organized for any lawful purpose except banking or insurance (MCA 35-8-106(2)). A professional LLC may be organized only to render professional services (35-8-1301), and a professional corporation only to render professional services (35-4-205). Both acts define a professional service as one that only licensed persons may lawfully render and that an ordinary LLC (35-8-102(26)) or ordinary business corporation (35-4-109(5)) may not lawfully render. Psychology may be practiced only by licensees (37-17-301), and an ordinary business corporation may engage in a business regulated by another statute only if that statute permits it (35-14-301(2)), which the licensing statute does not do, so a professional corporation is available. A professional LLC is available on the same reading of 35-8-102(26). PLLC members must be licensed persons or qualifying firms, at least half of the managers must be qualified persons, the name must include PLLC or a listed variant, and the articles must state the professional service (35-8-1304, 35-8-1303, 35-8-1302, 35-8-202(1)(g)). A professional corporation must file a copy of its articles with the licensing board before rendering services and an annual statement with the board before March 1 (35-4-208, 35-4-209(2)). Whether an ordinary LLC may render these services is not settled: the LLC act allows any lawful purpose except banking or insurance (35-8-106(2)) and has no counterpart to 35-14-301(2), the definition in 35-8-102(26) assumes some licensed services may not be rendered by an LLC that is not a PLLC without saying which, and no licensing statute or board rule answers it. The Board of Psychologists or the Secretary of State can confirm whether an ordinary LLC is allowed.
