§ 216 — Charters

New York § 216

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Part 1: General Organization
• Art. 5: University of the State of New York

Text

§ 216. Charters. Under such name, with such number of trustees or\nother managers, and with such powers, privileges and duties, and subject\nto such limitations and restrictions in all respects as the regents may\nprescribe in conformity to law, they may, by an instrument under their\nseal and recorded in their office, incorporate any university, college,\nacademy, library, museum, or other institution or association for the\npromotion of science, literature, art, history or other department of\nknowledge, or of education in any way, associations of teachers,\nstudents, graduates of educational institutions, and other associations\nwhose approved purposes are, in whole or in part, of educational or\ncultural value deemed worthy of recognition and encouragement by the\nuniversity. No school; college; university or other entity providing\npost secondary education; library; or museum or historical society shall\nbe incorporated under the business corporation law, the not-for-profit\ncorporation law, or any other general law without the consent of the\ncommissioner or, in the case of a college or university, without the\nwritten authorization of the Regents. Any other entity incorporated for\neducational purposes may be formed under the business corporation law or\nthe not-for-profit corporation law without the consent of the\ncommissioner, provided that such institution or association submits a\ncertified copy of the certificate of incorporation to the commissioner\nwithin thirty days after the corporation receives confirmation from the\ndepartment of state that the certificate has been accepted for filing.\n No individual, association, partnership, company or corporation not\nauthorized by special charter from the legislature of this state or by\ncharter from the regents to operate a museum, or arboretum shall\nknowingly use, advertise or transact business under the names "museum,"\nor "arboretum," or any name, title or descriptive material indicating or\ntending to imply that said individual, association, partnership, company\nor corporation conducts, carries on, or is such a business when it is\nnot, or that it is authorized to operate as such, unless the right to do\nso has been granted by the regents or the commissioner in writing. Any\nviolation of this paragraph shall be a misdemeanor. Notwithstanding any\nother provision of this section, an individual, association,\npartnership, company or corporation doing business under any of such\nnames on the effective date of this paragraph may come into compliance\nwith this paragraph by obtaining consent of the regents or the\ncommissioner within one year of such effective date.\n