Professional Limited Liability Company

MCA tit. 35, ch. 8, pt. 13

in effect

Mont. Code Ann. § 35-8-1301 Purposes of professional limited liability companies

35-8-1301. Purposes of professional limited liability companies Professional limited liability companies may be organized under this part only for the purpose of rendering professional services and services ancillary to professional services within a single profession, except that a professional limited liability company may be organized for the purpose of rendering professional services within two or more professions and for any purpose or purposes for which companies may be organized under this chapter to the extent that the combination of professional purposes or professional and business purposes is permitted by the licensing laws and rules of this state applicable to the professions. En. Sec. 72, Ch. 120, L. 1993.

Mont. Code Ann. § 35-8-1302 Professional limited liability company name

35-8-1302. Professional limited liability company name The name of a domestic or foreign professional limited liability company: (1) must contain the words "professional limited liability company", "professional limited company", "professional l.l.c.", "professional llc", "p.l.l.c.", or "pllc"; and (2) must conform to rules promulgated by a licensing authority having jurisdiction of a professional service described in the articles of organization. En. Sec. 73, Ch. 120, L. 1993; amd. Sec. 55, Ch. 302, L. 1999.

Mont. Code Ann. § 35-8-1303 Professional limited liability company managers

35-8-1303. Professional limited liability company managers At least one-half of the managers of a professional limited liability company must be qualified persons with respect to the limited liability company. En. Sec. 74, Ch. 120, L. 1993.

Mont. Code Ann. § 35-8-1304 Membership in professional limited liability company

35-8-1304. Membership in professional limited liability company (1) Only the following persons may be members of a professional limited liability company: (a) natural persons authorized by law of this or any other state, a territory of the United States, or the District of Columbia to render a professional service permitted by the articles of organization of the professional limited liability company; (b) general partnerships in which all the partners are authorized by law of this or any other state, a territory of the United States, or the District of Columbia to render a professional service permitted by the articles of incorporation and in which at least one partner is authorized by law in this state to render a professional service permitted by the articles of organization of the professional limited liability company; and (c) domestic or foreign professional corporations and domestic or foreign professional limited liability companies authorized by law in this state to render a professional service permitted by the articles of organization of the professional limited liability company. (2) The licensing authority may by rule further restrict or condition the issuance of membership interests in order to preserve ethical standards, but a rule may not cause a member at the time the rule becomes effective to become a disqualified person. En. Sec. 75, Ch. 120, L. 1993.

Mont. Code Ann. § 35-8-1305 Rendering services

35-8-1305. Rendering services A domestic or foreign professional limited liability company may render professional services in this state only through natural persons permitted to render the services in this state; however, nothing in this part requires any person employed by a professional limited liability company to be licensed to perform services for which a license is not otherwise required or prohibits the rendering of professional services by a licensed natural person acting in that person's individual capacity, even if the person is a member or manager of a professional limited liability company. En. Sec. 76, Ch. 120, L. 1993.

Mont. Code Ann. § 35-8-1306 Responsibility for services

35-8-1306. Responsibility for services (1) An individual who renders professional services as a member or an employee of a domestic or foreign professional limited liability company is liable for any negligent or wrongful act or omission in which the individual personally participates to the same extent as if the individual had rendered the services as a sole practitioner. A member or an employee of a professional limited liability company is not liable for the conduct of other members or employees unless the member or employee is at fault in appointing, supervising, or cooperating with them. (2) A domestic or foreign professional limited liability company whose member or employee performs professional services within the scope of the member's or employee's employment or apparent authority to act for the company is liable to the same extent as the member or employee. (3) Except as otherwise provided by statute, the personal liability of a member of a domestic or foreign professional limited liability company is no greater in any respect than that of a member of a limited liability company otherwise organized under this part. En. Sec. 77, Ch. 120, L. 1993; amd. Sec. 3, Ch. 268, L. 1997.

Mont. Code Ann. § 35-8-1307 Relationship to clients and patients

35-8-1307. Relationship to clients and patients (1) The relationship between an individual performing professional services as an employee of a domestic or foreign professional limited liability company and a client or patient is the same as if the individual performed the services as a sole practitioner. (2) The relationship between a domestic or foreign professional limited liability company performing professional services and the client or patient is the same as between the client or patient and the individual performing the services. (3) Any privilege applicable to communications between a person rendering professional services and the person receiving the services recognized under the statutory or common law of this state extends to a domestic or foreign professional limited liability company and its employees. En. Sec. 78, Ch. 120, L. 1993.

Source: Montana Legislative Services Division (mca.legmt.gov)URL: https://mca.legmt.gov/bills/mca/title_0350/chapter_0080/part_0130/sections_index.htmlFetched: 10/20/2026