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We have a dental office in California. We would like to

We have a dental...

We have a dental office in California. We would like to change it to a corporation. Is it true only the dentists can become a partner in the corporation? Thanks.

Lawyer's Assistant: Has anything been officially filed? If so, what?

Not yet. We are still thinking whether it is worthy to change the company to corporation.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

1/ what is the requirements to become a partner in the corporation in the dental office?

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Answered in 1 minute by:
3/22/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 46,363
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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The dentist or dentists have to own the corporation usually an LLC under the dental board rules.Dental professional corporations in California must have a name that contains the name or the last name of one or more of the past, present, or future stockholders of the company.

The business name should also include the words “dental corporation” or the wordings or abbreviations that clearly imply corporate existence, unless otherwise authorized by a valid permit issued pursuant to Section 1701.5.

The following licensed individuals are eligible to be stockholders in a dental professional corporation in California:

  1. Licensed physicians and surgeons.
  2. Dental assistants.
  3. Registered dental assistants.
  4. Registered dental assistants in extended functions.
  5. Registered dental hygienists.
  6. Registered dental hygienists in extended functions.
  7. Registered dental hygienists in alternative practice.

These professionals may be shareholders in a dental corporation, provided that the sum of all shares they own do not exceed 49 percent of the total number of shares in the company. They can be issued stock as long as the number of shareholders in the professional corporation does not exceed the number of persons licensed by the Dental Board of California.

The employees that a dental corporation can hire are not limited to the licensed persons on this list.

Limited liability is the primary benefit of incorporating your dental practice. A solo dentist is personally liable for all general debts and liabilities of the practice, including vendor contracts and real property and equipment leases. On the other hand, a shareholder of a corporation is not personally liable for the corporation’s debts (except payroll taxes, workers compensation premiums and related obligations imposed by the government). There is one big exception, however: the dentist is always liable for his or her own professional negligence and the negligence of employees under the dentist’s supervision. Only insurance can mitigate such liability.

Practices with more than one dentist should use a dental corporation. The dental corporation not only shields each dentist from general liabilities of the dental corporation (discussed above), but also shields each dentist from liabilities arising from the acts of other dentists in the group. Although two or more dentists can work together as a partnership, this is not your best choice. Partnerships are risky because each dentist is liable for the acts of each other dentist. Incorporation mitigates this risk by protecting against liability from other dentists in the group.

Reference

https://newdentistblog.ada.org/what-type-of-entity-should-a-dentist-consider-selecting-and-why/

I appreciate the chance to help you today.Thanks

If you can positive rate5 stars it is much appreciated.

Ray
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Experience: 30 years in civil, probate, real estate, elder law
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