How to Avoid Being Rejected by the NYS Education Department: Tips for Naming Your PLLC in New York

Choosing the right name for your Professional Service Limited Liability Company (PLLC) in New York is more than just a creative decision — it’s also a legal one. When it comes to naming your private practice or professional business, the New York State Education Department (NYSED) is deeply involved in deciding which names are acceptable and which are not. The reason behind this is really to protect the public from misleading and non-compliant businesses. Ultimately, the NYSED takes its responsibility of regulating PLLCs quite seriously and holds very high standards to ensure that your chosen business name complies with the specific rules and regulations of New York State.

To help you navigate this naming process, we’ve outlined key tips on how to avoid common mistakes that can cause your Certificate of Authority application to be rejected. While the below is not definitive, these tips will help you get closer to choosing a compliant name and mostly avoid unnecessary processing delays.

Stick to Your Licensed Profession

Your PLLC name must clearly indicate the specific profession in which you are licensed to practice. For instance, if you are a nurse practitioner, the name of your practice must include “Nurse Practitioner,” or “NP” and your sub-speciality, for example, “NP in Adult Health.” This is true for all professions and there is no way around this requirement. The NYSED will reject names that fail to include your licensed profession and relevant sub-specialties (if applicable). Additionally, be aware that your PLLC name cannot imply you are practicing in a profession for which you are not licensed. For example, if you are a physical therapist, your PLLC name cannot include terms related to medical or other professions, e.g., “PT Medicine” or “PT Doctors.”

Don’t Imply That Your Professional Business Has More Than One Owner If It’s Just You

Another tip to be aware of is that the NYSED will reject any proposed business name that implies there is more than one owner if there is really only one. For example, a single member PLLC cannot have the words “Associates, Doctors, Group, Physicians, Therapists,” etc. If you are the only owner, stay away from pluralizing your profession to make it sound like your practice is bigger than it actually is.

Provide Explanations for Certain Words

Certain words within your PLLC name will require a detailed explanation to clarify their meaning, for example, initials, foreign words, surnames, abbreviations or words not commonly used in connection with the profession(s) being practiced. Failure to provide a detailed explanation of one of the above will result in delays or rejection of your Certificate of Authority request.

Avoid Using Prohibited or Misleading Terms

The NYSED has strict guidelines on which words can and cannot be used in PLLC names. The use of certain terms may result in an automatic rejection of your application. Here are some examples:

Any words suggesting that your PLLC is an educational institution or historical society, such as, “school, education, elementary, secondary, kindergarten, prekindergarten, preschool, nursery school, history, historical, library, college, university,” etc.
Any words that are misleading, such as, “Cure, Healing, International, Management Co., National, Network, Partners, Spa, Solution, Center, Clinic, Hospital”
Any words that suggest a claim of superiority, such as, “Advanced, Best, Exceptional, Expert, Outstanding, Premier, Special, Super or Ultimate.”

Suggested Affiliation with a Separate and Distinct Business

It is important that your PLLC name does not sound like or use a similar sequence of words that would otherwise suggest an affiliation with an already existing business. If there is a reasonable belief that there is an affiliation with another separate and distinct entity and if the name of your proposed entity reasonably implies such affiliation, including using the initials of another company, your Certificate of Authority request will be rejected.

Watch for Name Similarity

Likewise, even if your chosen name complies with the NYSED’s requirements, your application can still be rejected if your PLLC name is too similar to an existing professional entity in New York. Before submitting your application, conduct a thorough search of existing PLLCs on the NYS Department of State website. If the name is too close to another practice, you may need to adjust it to avoid confusion.

Assumed Names and DBAs

It is also important to note that using an assumed name or DBA to attempt to circumvent the NYSED requirements is strictly prohibited. Assumed Names and DBAs must be approved by the NYSED and follow all the same rules listed above when it comes to naming your professional entity.

Avoid Unnecessary Processing Delays

To prevent delays or rejections, take the time to carefully review your PLLC name before submitting your application. If you are unsure whether certain words will be accepted, it’s a good idea to include an explanatory cover letter with your application.

Final Thoughts: Ensuring a Smooth Approval Process

The naming process for your New York PLLC may seem straightforward, but failure to comply with NYSED regulations can lead to unnecessary delays. By avoiding prohibited terms, providing detailed explanations for certain words, and sticking to your licensed profession, you’ll improve your chances of a quick and smooth approval.

If you are interested in setting up your PLLC in New York, please do not hesitate to give us a call at (212) 547-8857 or schedule a consultation online and we'd be happy to work with you to help establish your professional practice. Our experienced business formation lawyers are here to help licensed professionals navigate the complexities of New York's legal requirements, providing you with the peace of mind to focus on your practice.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.