New York Board Of Regents Business Name Approval
NEW YORK BUSINESS NAME RESTRICTED WORDS AND BOARD OF REGENTS CONTACT INFORMATION
What words are restricted for business names in New York that needs approval from the Board of Regents?
“Academy;” “conservatory;” “education;” “elementary;” “historical;” “historical society;” “history;” “institute;” “kindergarten;” “library;” “prekindergarten;” “preschool;” “school;” “secondary;” and “museum”
“Arboretum;” “college;” and “university” (these words also need approval from the Education Department).
Corporations formed for the principal purpose of operating a college, university, school conducting some or all of the grades nursery through twelve, library, museum, historical society with collections or public television and/or radio station are created by the Board of Regents by the issuance of an instrument called a “charter.” The document by which all other education corporations are created is known as a Regents certificate of incorporation.
Please note: chartering or incorporation by the Board of Regents as an education corporation is the equivalent of filing a certificate of incorporation with the Secretary of State. There is no need to file anything with the Secretary of State. Your charter or Regents certificate of incorporation is equivalent to articles/certificate of incorporation.
It should be emphasized that the action of the Regents in issuing a charter, while bringing an education corporation into existence, is not equivalent to “registration” or “licensing” of the institution or its programs. Where registration or licensing is required, separate application must be made. Where registration or licensing is required, separate application must be made. Additional information can be found on this web site at https://www.dos.ny.gov/corps/restricted_words.html.
How to request approval from the New York Board of Regents for use of restricted word:
- Submit an original and two copies of the charter/certificate form.
- The document by which colleges, universities, schools, libraries, museums, historical societies and public television and/or radio corporations are incorporated by the Regents is referred to as a charter. The document by which all other education corporations are created is known as a certificate of incorporation. The procedures and required documents for the issuance of a Regents certificate of incorporation are the same as those pertaining to a provisional charter, except that the petition should request the issuance of a certificate of incorporation. The legal effect of a Regents certificate of incorporation is precisely the same as that of an absolute charter.
- A provisional charter is valid for a fixed term of from one to five years. At the expiration of the period for which the provisional charter was issued, the charter may either be made “absolute” by filing the absolute charter form. An absolute charter is approved only if the institution has demonstrated a sufficient degree of stability and permanence. Otherwise, the provisional charter may be extended by the Regents for an additional period by filing the extension of provisional charter form. An institution with a provisional charter has all the corporate powers and duties of an institution with an absolute charter, except for in the case of institutions offering courses leading to academic degrees, such degrees are conferred by the Board of Regents until the charter has been made absolute. Forms:http://www.counsel.nysed.gov/consents/ques#q3
- A different fee is charged for each type of form being filed. Please include a check or money order payable to “NYS Education Department.”
- Please include a self-addressed, stamped, return envelope. Overnight services may also be used if a prepaid return label is included.
- Be sure to provide your contact information.
Is there a fee to request approval of your business name from the New York Board of Regents?
Provisional charter – $100
Absolute charter in the first instance – $100
Regents certificate of incorporation – $100
Amendment of charter/certificate of incorporation – $60
Restatement of charter/certificate of incorporation – $60
Absolute charter (to replace a provisional charter) – $60
Extension of provisional charter – $60
Amendment and absolute charter or extension of charter – $60
Order of consolidation – $100
Dissolution – $60
The fee should be made payable to New York State Education Department.
How long will it take them to process the request for approval?
All processing may take up to 4 months, plus additional time for return mailing.
You will receive a filed copy of your charter or certificate by mail, in the return envelope you provided.
How to contact the New York Board of Regents:
New York State Education Department
Office of Counsel
State Education Building
89 Washington Avenue
Albany, New York 12234
Forms for libraries should be sent to:
New York State Education Department
Office of Library Development
10B41 Cultural Education Center
310 Madison Avenue
Albany, NY 12230
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