A corporation may be organized for the business of conducting a profession. These are known as professional corporations. Doctors, attorneys, engineers, and CPAs are the types of professionals who may form a professional corporation. Usually there is a designation P.A. or P.C. after the corporate name in order to show that this is a professional association or professional corporation.
Although no definite rule exists for determining whether one is an independent contractor or an employee, certain indicia of the status of an independent contractor are recognized, and the insertion of provisions embodying these indicia in the contract will help to insure that the relationship reflects the intention of the parties. These indicia generally relate to the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves the method of payment of the contractor.
Wake North Carolina Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: A Comprehensive Overview Keywords: Wake North Carolina, agreement, physician, self-employed, independent contractor, professional corporation. Introduction: The Wake North Carolina Agreement between a Physician as a Self-Employed Independent Contractor and Professional Corporation is a legally binding contract that establishes the terms and conditions of the working relationship between a physician and a professional corporation. This agreement governs the collaboration, responsibilities, and obligations of both parties involved, ensuring a clear and mutual understanding of the working arrangement. Wake North Carolina recognizes the importance of such agreements to protect the rights and interests of the physician and the professional corporation involved. Different Types of Wake North Carolina Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: 1. Standard Agreement: The standard Wake North Carolina Agreement is a commonly used template that outlines the general terms, responsibilities, and obligations of a physician who works as a self-employed independent contractor for a professional corporation. It includes provisions related to compensation, work hours, scope of work, liability, and termination clauses. 2. Non-Compete Agreement: A Non-Compete Agreement is an additional clause that can be included within the Wake North Carolina Agreement. This clause restricts the physician from practicing within a specific geographic area or competing with the professional corporation for a certain period after the termination of the agreement. Non-compete agreements aim to protect the corporation's legitimate business interests and prevent unfair competition. 3. Non-Disclosure Agreement: In some cases, a Non-Disclosure Agreement (NDA) is incorporated into the Wake North Carolina Agreement, especially if the physician will have access to proprietary or confidential information of the professional corporation. An NDA ensures that the physician maintains the confidentiality of sensitive information, preventing unauthorized disclosure and safeguarding the corporation's intellectual property. Important Sections of the Wake North Carolina Agreement: 1. Identity of Parties: This section clearly identifies the involved parties, highlighting the name, address, and contact details of both the physician and the professional corporation. It ensures accuracy and avoids confusion about the entities involved in the agreement. 2. Term and Termination: The term section specifies the duration of the agreement, outlining the start date and, if applicable, the end date. Termination clauses define the conditions under which either party can terminate the agreement, including notice periods and reasons for termination. 3. Compensation and Benefits: This section details the compensation structure for the physician's services, including fees, bonuses, reimbursements, and any additional benefits such as healthcare, retirement plans, or malpractice insurance coverage. It clarifies the payment terms, frequency, and methods to ensure transparency. 4. Scope of Work and Duties: The scope of work section defines the specific tasks, responsibilities, and expectations of the physician within the professional corporation. It outlines the services to be performed, working hours, on-call duties, and any other relevant obligations that the physician must fulfill. 5. Liability and Indemnification: This section addresses the liability of both parties involved and establishes the responsibility for errors, malpractice, or any other professional misconduct. It also outlines the procedure for indemnification, whereby one party agrees to compensate the other for any losses incurred due to the actions or negligence of the indemnifying party. Conclusion: The Wake North Carolina Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation is a crucial legal document that protects the rights and sets clear expectations for both physicians and professional corporations. Understanding the different types of agreements available and the relevant clauses within these agreements is essential for establishing a fair and mutually beneficial working relationship.
Wake North Carolina Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: A Comprehensive Overview Keywords: Wake North Carolina, agreement, physician, self-employed, independent contractor, professional corporation. Introduction: The Wake North Carolina Agreement between a Physician as a Self-Employed Independent Contractor and Professional Corporation is a legally binding contract that establishes the terms and conditions of the working relationship between a physician and a professional corporation. This agreement governs the collaboration, responsibilities, and obligations of both parties involved, ensuring a clear and mutual understanding of the working arrangement. Wake North Carolina recognizes the importance of such agreements to protect the rights and interests of the physician and the professional corporation involved. Different Types of Wake North Carolina Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation: 1. Standard Agreement: The standard Wake North Carolina Agreement is a commonly used template that outlines the general terms, responsibilities, and obligations of a physician who works as a self-employed independent contractor for a professional corporation. It includes provisions related to compensation, work hours, scope of work, liability, and termination clauses. 2. Non-Compete Agreement: A Non-Compete Agreement is an additional clause that can be included within the Wake North Carolina Agreement. This clause restricts the physician from practicing within a specific geographic area or competing with the professional corporation for a certain period after the termination of the agreement. Non-compete agreements aim to protect the corporation's legitimate business interests and prevent unfair competition. 3. Non-Disclosure Agreement: In some cases, a Non-Disclosure Agreement (NDA) is incorporated into the Wake North Carolina Agreement, especially if the physician will have access to proprietary or confidential information of the professional corporation. An NDA ensures that the physician maintains the confidentiality of sensitive information, preventing unauthorized disclosure and safeguarding the corporation's intellectual property. Important Sections of the Wake North Carolina Agreement: 1. Identity of Parties: This section clearly identifies the involved parties, highlighting the name, address, and contact details of both the physician and the professional corporation. It ensures accuracy and avoids confusion about the entities involved in the agreement. 2. Term and Termination: The term section specifies the duration of the agreement, outlining the start date and, if applicable, the end date. Termination clauses define the conditions under which either party can terminate the agreement, including notice periods and reasons for termination. 3. Compensation and Benefits: This section details the compensation structure for the physician's services, including fees, bonuses, reimbursements, and any additional benefits such as healthcare, retirement plans, or malpractice insurance coverage. It clarifies the payment terms, frequency, and methods to ensure transparency. 4. Scope of Work and Duties: The scope of work section defines the specific tasks, responsibilities, and expectations of the physician within the professional corporation. It outlines the services to be performed, working hours, on-call duties, and any other relevant obligations that the physician must fulfill. 5. Liability and Indemnification: This section addresses the liability of both parties involved and establishes the responsibility for errors, malpractice, or any other professional misconduct. It also outlines the procedure for indemnification, whereby one party agrees to compensate the other for any losses incurred due to the actions or negligence of the indemnifying party. Conclusion: The Wake North Carolina Agreement Between Physician as Self-Employed Independent Contractor and Professional Corporation is a crucial legal document that protects the rights and sets clear expectations for both physicians and professional corporations. Understanding the different types of agreements available and the relevant clauses within these agreements is essential for establishing a fair and mutually beneficial working relationship.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.