101 N.J.L.J. 578
June 8, 1978
We are asked whether two separately organized professional service corporations may form a partnership keeping their separate identities and adopting as the name of the new firm:
"A B, a professional corporation and C, a professional corporation."
The Professional Service Corporation Act N.J.S.A. 14A:17-15
incorporates provisions of the Business Corporation Act (N.J.S.A.
14A:1-1 et seq.) except where the two conflict. And, the latter
permits a business corporation to participate with others "in any
partnership, limited partnership, joint venture or other
association of any kind." N.J.S.A. 14A:3-(l)(m). R. 1:21-1A
permits attorney to form a professional corporation under N.J.S.A.
14A:17-1. R. 1:21-1A(c) provides guidance on the formation of the
corporate name and refers to DR 2-102(B) which forbids use of a
trade name or a name that is misleading as to the identity of
lawyers practicing under it. There is no provision for a name
insisting of two professional corporations in partnership.
It is apparent that the rule was designed to permit a professional corporation to practice law within the ethical