§ 460-A — Certificates of incorporation

§ 460-a. Certificates of incorporation. 1. Unless the written approval\nof the department shall have been endorsed on or annexed to a\ncertificate of incorporation, no such certificate shall hereafter be\nfiled which includes among its corporate purposes the care of destitute,\ndelinquent, abandoned, neglected or dependent children; the\nestablishment or operation of any aged care accommodation, as defined in\nthe private housing finance law, or adult care facility; the placing-out\nor boarding-out of children, as defined in this chapter; the\nestablishment or operation of a home or shelter for unmarried mothers or\na residential program for victims of domestic violence, as defined in\nsubdivision four of section four hundred fifty-nine-a of this chapter;\nor the solicitation of contributions for any such purpose or purposes,\nprovided, however, that the approval of the department shall not be\nrequired for filing of a certificate of incorporation which is\nrestricted in its statement of corporate purposes to the establishment\nor operation of a facility for which an operating certificate is\nrequired by article twenty-three, nineteen, thirty-one or thirty-two of\nthe mental hygiene law, or to the establishment or operation of a\nhospital, residential health care facility, or a home health agency, as\nthose terms are defined in article twenty-eight of the public health\nlaw.\n 2. The department shall promulgate regulations establishing the\nprocedure for submitting certificates of incorporation for approval and\nspecifying the documentation to be submitted in connection with such\napproval. The department shall approve or disapprove a certificate of\nincorporation solely on the basis of information submitted pursuant to\nregulations. The department shall approve or disapprove a certificate of\nincorporation by indicating its approval by endorsement of the\ncertificate of incorporation or its disapproval by giving written notice\nthereof, which notice shall state the reasons for disapproval. A\ncertificate of incorporation not acted upon within sixty days of the\nreceipt of all information and documentation required by department\nregulations shall be deemed to be disapproved.\n 3. Where a corporation engages in, or holds itself out as being\nauthorized to engage in, activities described in this section without\nhaving obtained requisite approvals, the department may institute and\nmaintain an action in the supreme court through the attorney general to\nprocure a judgement dissolving and vacating or annulling the certificate\nof incorporation of any such corporation.\n