New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter VII - Life Care Communities
Part 901 - Organization And Administration
Section 901.15 - Name changes

Universal Citation: 10 NY Comp Codes Rules and Regs ยง 901.15

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Any change in the following shall require the prior approval of the Life Care Community Council:

(1) the name of a not-for-profit corporation operating a life care community under article 46 of the Public Health Law;

(2) the assumed name of a sole proprietor or a not-for-profit corporation operating a community under article 46 of the Public Health Law; and

(3) the name or assumed name of a business corporation, partnership or governmental subdivision operating a community under article 46 of the Public Health Law.

(b) Applicants requesting council approval of a change of name or assumed name shall submit a written request to the department, which shall include the following information and documentation as appropriate:

(1) a letter specifying the current and proposed names and explaining the nature of and the reasons for the requested name change;

(2) a photocopy of the executed proposed certificate of amendment of the certificate of incorporation, certificate of authority to conduct business in the State of New York or certificate of conducting business under an assumed name; and

(3) such other pertinent information and documents necessary for the council's consideration, as requested.

(c) The approval of the council of a proposed name or assumed name may be withheld if the proposed name or assumed name indicates or implies that the corporation, partnership, governmental subdivision or individual is authorized to engage in activities for which it is not authorized, provide a level of care it is not authorized to provide, is misleading, causes confusion with the identity of another community, or violates any provision of the law.

(d) Nothing contained within this section shall limit the authority of the council to approve or disapprove the initial use of a name or assumed name for a not-for-profit corporation, business corporation, partnership, governmental subdivision or sole proprietor when such name or assumed name is before the council as part of an application for the establishment of a community.

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