New York Education Law Update – Commissioner’s Consents

Effective July 1, 2014 the education consent process for using certain purposes and/or words within your corporate name has changed. Following are a few key points of these changes.

  • The consent of the Commissioner of Education is required only if the corporate purposes include the operation of a school; college, university or other entity providing postsecondary education; library; or museum or historical society. The Regents’ written authorization is required to operate a college or university.

 

  • Organizations with educational purposes that do not include the operation of a school; college, university or other entity providing postsecondary education; library; or museum or historical society generally do not require the Commissioner’s consent in order to incorporate through the Department of State. However, such corporation must provide a certified copy of its certificate of incorporation to the Commissioner within 30 business days after the corporation receives confirmation from the Department of State that the certificate has been accepted for filing.
  • Commissioner’s consent is not required for a Not-for-Profit Corporation’s use of the following education-related terms, or any abbreviation or derivative, in a corporate name. However, Commissioner’s consent is still required for a Business Corporation, a Limited Liability Company or Limited Partnership to use such terms in a corporate, company or partnership name

school
education
elementary
secondary
kindergarten
prekindergarten
preschool
nursery school
museum
history
historical
historical society
arboretum
library
college, university or other term restricted by Education Law §224
conservatory
academy
institute

For the full text on the changes and for more all information on the consent process please visit http://www.counsel.nysed.gov/print/4288.

NYSED.gov