Over-regulation in the US disproportionately burdens small businesses, significantly hindering growth, reducing profitability, and threatening survival. It creates high compliance costs, administrative burdens, and stifles innovation, with 74% of failed small businesses reporting a perception of excessive bureaucracy.

According to the latest U.S. Chamber and MetLife Small Business Index, 51% of small business owners say regulatory compliance requirements make it harder for them to grow their business.

A Private Membership Association (PMA) can protect members by creating a private contractual domain, allowing organizations to operate outside of public regulations and state licensing, often in sectors like health or education. It relies on constitutional rights to free assembly to, in some cases, limit government oversight of private, member-only transactions.
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How a PMA Protects:
Private Domain: By operating privately, activities are not subject to the same public laws that govern businesses, such as standard licensing requirements.
Private Contract: The organization operates under a binding agreement among members, rather than public regulations.
Legal Standing: Based on the constitutional right to freedom of association and assembly, upheld by the Supreme Court.
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Limitations:
Not Absolute Immunity: A PMA is not a shield for illegal activity, and protection can be challenged if activities create a "clear and present danger".
Public Safety Exception: Rights can be limited by law, particularly in cases where public health, safety, or the rights of others are threatened.
Strict Adherence: The private nature must be meticulously maintained to be effective.
Constitution Watch
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In summary, a properly structured PMA offers a strong layer of protection for private business or social interactions, but it is not a blanket shield against all legal accountability.

What is a Private Membership Association?
What is a Private Membership Association

A private membership association is established to bring together a group of individuals with shared interests, goals, and services. It can be established by an individual or group of individuals who take the head position of the private association and create regulations. Unlike traditional memberships that are open for all, a private association has a certain criteria to become an exclusive member. What makes a private membership unique?

Privacy First: As the name suggests, privacy and security are at the heart of these memberships. There’s often a membership agreement in place that ensures all the discussions and activities of the association are protected.
Legal Foundation: There are bylaws and contracts in place to define member roles and responsibilities. This ensures that a membership is properly understood by the members and the ones that are willing to join.
Tailored Purpose: The purpose of a private or professional memberships is very clear. It is formed for a specific purpose. Be it a health related group, a hobby club, or a membership in a professional organization.
Thus, a private membership is set out to provide member specific benefits by creating a close knit group.

Pros of a Private Membership Association
A private membership provides multiple advantages that make it appealing. If you wish to provide exclusivity and privacy, this is a perfect model for you. Let’s explore the key benefits.

Exclusivity and Privacy
As we know, this kind of a membership helps create a private community space for your members. Eventually, such an exclusive community builds trust, fosters security, and a strong sense of belonging. Because the activities are within the group, the members can function without any external judgment as it makes them feel more confident.
Autonomy and Control
A private membership is an autonomous organization. Thus, the members can set their rules and govern them freely. Everyone’s opinion and voice matters. This freedom is perfect for niches that need creative freedom and flexibility.
Stronger Community and Networking
With similar interests and goals, you can establish a tight-knit community that is super engaged. These groups of people would love interacting with one another. Be it a professional network or a hobby group, an association like this offers an opportunity to connect, collaborate, and grow to the members.
Tailored Services and Benefits
Specialized training, exclusive resources, digital downloads, multiple tiers catering to different levels, courses, etc. are designed to meet the specific member needs. A private membership further allows you to understand what the members want and design content that suits their needs.
Legal Protections
A private membership defines member actions and boundaries. Because of the membership law, the members feel more safe and secure in sharing their expertise and engaging in the community. It is perfect for associations that deal with specialized services like bar association membership, ADA membership, or Canadian medical association membership.
Cons of a Private Association of Members
Member’s private associations do come up with a huge stack of benefits. However, there are certain drawbacks that you must address before starting or joining a private membership.

Limited Accessibility
The exclusivity of private membership associations naturally limits accessibility. However, this exclusivity is the foundation of their appeal, as it creates a focused and dedicated community. While this may not cater to everyone, it ensures a more aligned and cohesive member base.
Legal and Regulatory Complexities
When structured and managed effectively, private memberships operate smoothly and within legal boundaries. That said, a well-thought-out framework and consistent vigilance are essential to avoid potential legal implications, ensuring the association remains compliant and protected.
Higher Costs
Creating a truly exclusive and private membership association requires investment in legal fees, member benefits, and other operational expenses. While this may lead to higher membership fees, it also adds immense value for members, making it worth the investment for those seeking a premium experience.
Potential Mismanagement
Since private memberships are governed internally, having strong, transparent leadership is crucial to maintaining harmony within the group. With effective management practices and possibly a dedicated moderator, the association can thrive and create a rewarding experience for all members.
Who Can Benefit from a Private Membership Association?
Who Can Benefit from a Private Membership Association

A private association setup is designed for specific groups. For exclusivity and autonomy, there are certain professions for which this model is best suited. Here’s a quick glance at this idea.

Health and Wellness Practitioners: Health practitioners, therapists, medicine providers, etc. need an organization where they can discuss best practices and support each other. Indian Medical Association Membership is one such example of a private membership.
Professional Networks: Bring together industry specific professionals like consultants, freelancers, therapists, etc. This helps an internal collaboration and resource sharing among the members thus promoting mutual support.
Hobby and Interest Groups: Want to bring together like minded individuals? Photographers, dancers, artists, musicians, sportspeople, etc. can come together to form a private membership that promotes best practices and internal collaborations.
Advocacy and Special Interest Organizations: Professionals in the field of advocacy, law, media, realtors, etc. require a legal framework to function. A private association supports that and protects internal operations.
Educational and Training Communities: If you are planning to offer exclusive training and certifications, a membership that is private is for you. This can help maintain the quality of your participants and of the content that you provide.

Wrapping Up
A private membership or a professional body membership is  a dedicated space for members with similar interests. It eventually brings together like minded individuals for interaction, collaboration, and mutual development. Furthermore, it has many pros that signal towards launching your private membership today. It benefits a lot of professionals and organizations for career advancement.

A Private Membership Association (PMA) can provide a legal structure that offers some protection from state and federal regulations, but it is not a complete shield against all laws, particularly those involving public health, safety, or criminal activity.
Constitution Watch
Constitution Watch
Key Aspects of PMA Legal Protection:
Private Domain Operation: By operating as a private entity (often through contract law) rather than a public business, PMAs aim to bypass regulatory oversight, such as professional licensing.
Constitutional Protections: PMAs rely on the First and Fourteenth Amendments regarding freedom of speech and association to set their own standards, bylaws, and procedures.
Limitation: A PMA is not a mechanism to break the law, but rather to conduct private, non-commercial, or member-to-member activities outside the public regulatory sphere.
Limits to Protection: PMAs cannot bypass criminal law, taxes (in many cases), or health regulations when public safety is concerned.
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Legal Basis and Risks:
Constitutional Rights: The Supreme Court has upheld the right to free association, which can protect private organizations.
Risks: If a PMA engages in commercial activities with the general public (rather than strictly with members) or affects public health, it may be subject to government regulations and legal challenges

Private Membership Associations (PMAs) operate within the "private domain," providing a legal structure designed to protect members from public regulations, licensing requirements, and government interference. By operating under private contract and leveraging constitutional rights, PMAs establish their own rules and internal governance.
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Legal Protections Against Regulation
PMAs utilize several foundational legal principles to operate outside the jurisdiction of many public regulatory agencies:
First Amendment Rights: PMAs are rooted in the right to freedom of speech and association, as upheld by landmark Supreme Court cases such as NAACP v. Alabama and Thomas v. Collins. This protects the ability of members to assemble and associate without government interference.
Fourteenth Amendment: This amendment ensures that PMAs can establish their own bylaws, standards, and procedures, limiting undue external intervention.
Private Contract Doctrine: Members enter into a private contract, or agreement, that governs their relationships and the association's activities. This contract operates in the private domain rather than the public domain, effectively insulating them from public scrutiny if properly structured.
Protection Against Licensing Restrictions: Properly structured PMAs can allow professionals (e.g., in alternative healthcare) to offer services to members without state or federal licensing, as they are not holding themselves out to the public.
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Constitution Watch
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Key Aspects of PMA Autonomy
Privacy of Operations: PMAs maintain greater privacy of records and operations, allowing members to operate in a non-commercial, private capacity.
Freedom from Compliance: PMAs are generally not required to comply with many state and federal regulations, such as annual state filings, that public businesses must follow.
Limited Liability and Asset Protection: PMAs can set their own rules for liability and protect their internal assets, often managing disputes through internal channels rather than public courts.
Limitations and Considerations
While PMAs offer significant protection, they are not immune to all legal obligations:
Clear and Present Danger: The protection of a PMA does not apply if activities pose a "clear and present danger" to the public, or if they violate criminal laws.
Public Domain Activities: If a PMA interacts with the general public or acts as a commercial entity, it may forfeit its private protection and be subject to regulation.
Compliance with Fundamental Law: PMAs must still comply with basic legal principles, such as fraud prevention, violence prevention, and anti-discrimination laws in certain contexts.

Know your Rights to Keep Private Business A Private Matter.
Writer: pmapower
pmapower
May 29, 2021
5 min read

Updated: Jun 10, 2021

If you are a doctor, medical technician, nurse, other health care practitioner, or if you are in the field of finance, a non-attorney trying to assist others with their legal needs, business owner, any field of human interest, or a homeschooling parent looking to protect your educational activities, a Private Membership Association will allow you to practice with the added protection of the Universal Declaration of Human Rights (UDHR) and our Constitutionally guaranteed Rights.



Since 1803, and a famous Supreme Court case Marbury v. Madison, the Constitution as interpreted by the U.S. Supreme Court, is the Supreme Law of the Land.

Over the past several decades, due to favorable rulings, opinions and interpretations by the Supreme Court, the law of the land has highlighted our constitutionally guaranteed rights to conduct business in a PMA, or private membership association.  Private membership associations exist under many different titles including PMA, Private Education Association, Private Ministerial Association, Private Health Association, Private Social Club, Private Drinking Club, and many more, When operating under a properly formed PMA, we are operating in the private domain versus the public domain.



In the public domain you must operate under the jurisdiction of the regulatory agencies designed to protect the public.  In the private domain you can operate outside the jurisdiction of those same agencies, as long as there is not clear and present danger of substantial evil.


Preamble to the Constitution of the United States of America:


"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

The Preamble to the Constitution is an introductory, succinct statement of the principles at work in the full text.  It is referred to in countless speeches, judicial opinions, and in a song from Schoolhouse Rock.  Courts will not interpret the Preamble to confer any rights or powers not granted specifically in the Constitution.


 You Can Protect Your Practice and Yourself With A  PMA

or

Private Membership Association


While not explicitly defined in the Constitution, the Supreme Court has acknowledged that certain implicit rights, such as association, privacy, and presumed innocence, share constitutional protection in common with explicit guarantees such as free speech. Specifically, the Supreme Court has described the right to associate as inseparable from the right to free speech.

 The right of association under the Constitution was heavily litigated in the 1950’s and 1960’s, and association members’ rights were consistently upheld by the Court.  In fact, the right of association became a cornerstone of the civil rights movement.

In general, members of an association do not fall under the jurisdiction of local, state, and federal governments and corresponding laws and regulations.  The exception to this general rule is when the activities of the private membership association "present a clear and present danger of substantive evil".

  A simple example of private associations is drinking clubs in Texas.  Since prohibition was repealed in 1933, regulation of the alcoholic beverage industry was delegated to individual states.  Some states, such as Texas, allow individual counties and cities to govern the sale of alcohol.  As a result, 46 out of Texas’ 254 counties are dry, meaning that sale of alcohol is forbidden.  However, you can go to virtually any restaurant in the dry counties and simply by joining their private associations or "drinking clubs", they can sell you and other members alcohol even though it is prohibited by local law!

 It is important to note that the right to associate is not limited to social or political activities.  According to the Supreme Court, this right can be utilized for business activities (e.g. sale of alcohol).  Members of a private membership association have the right to private contract under the due process liberty clause of the 5th and 14th Amendments, and states may not pass laws that impair the obligation of a contract.

 In Thomas v. Collins, 323 U.S. (an important Supreme Court case) it was determined: "Great secular causes, with small ones, are guarded. The grievances for redress of which the right of partition was insured, and with it the right of assembly, are not solely religious or political ones. And the rights of free speech and a free press are not confined to any field of human interest".

 Under the guarantee of the First and Fourteenth Amendments of the U.S. Constitution and equivalent provisions of your State Constitution, you have the right to associate with fellow members and offer benefits and services that are outside of the jurisdiction, venue and authority of State and/or Federal agencies. What could come under scrutiny and in some cases be considered a criminal act outside the association can be perfectly legal within the protection of a private association.


Most Common Benefits of Operating Under a Private Membership Association



· Operate a health (or other type of business) association outside the jurisdiction and authority of federal and state government and agencies involving association activities.

· Maintain greater privacy of financial and business affairs of your association activities.

· Greater security of being able to continue operation in a world of changing laws and politics.

· Increased profits due to unrestricted and beneficial structuring and strategies not available to regulated health association.

· Instead of conducting business under a legal loophole, operate under a legal exemption decided by the supreme law of the land, i.e., the Supreme Court decisions interpreting the U.S. Constitution.


A PMA does not need any authority or permission, of any kind whatsoever, from any government for its creation or in order for it to continue to exist and function.

 A PMA is created by and exists upon the contract authority and power that people have reserved for themselves.

 PMA members are free to exchange any information whatsoever on any topic they choose and can speak or write about, listen to, or read any information, use or obtain any information, product, or service on any terms agreeable to any member who chooses to provide that information, product, or service within the private membership association.

 PMAs are under no general lawful/legal obligation to recognize any statutory title of public competency,

 education or training (licensed persons/experts).

Public Law, Regulations and internal Rules of administrative agencies that regulate the public do not generally reach a PMA because they would impair, impede, obstruct or defeat the PMA members’ ability to discuss, hear, read or speak about, print, obtain and use things which may be prohibited to be disclosed to or used by the public unless the private membership association commits a nefarious act which means some form of human rights violation or evil act against another human.


Maybe it would benefit you to keep your business and activities a private matter.