New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter I - Rules of the Board Of Regents
Part 3 - University Of The State Of New York; State Education Department
Incorporation
Section 3.26 - Consent to incorporation

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 3.26

Current through Register Vol. 46, No. 39, September 25, 2024

Education Law, § 216

The commissioner, pursuant to Education Law section 216, may consent to the formation of a corporation or company under the Business Corporation Law, Limited Liability Company Law, and the Not-for-Profit Corporation Law and to the amendment of the certificate of incorporation, application for authority, or articles of organization of an entity so formed, whose purposes include the operation of a school or schools offering instruction in any of the grades 1 through 12, including instruction for the handicapped, or offering instruction at the kindergarten or prekindergarten level, if the proposed certificate of incorporation, application for authority, or articles of organization or amendment thereof specifically states that:

(a) Domestic business corporation.

(1) The corporation and any school or educational program which it may conduct shall be subject to and comply with all of the statutory provisions, rules of the Regents and regulations of the commissioner which would be applicable to a corporation created by the Regents pursuant to section 216 of the Education Law for the same purpose or purposes.

(2) Within 30 days after receipt by the corporation of an order of the Board of Regents directing such action, the holders of a majority of all the outstanding shares of the corporation entitled to vote upon an amendment of the certificate of incorporation will cause to be filed with the Secretary of State a certificate of amendment to the certificate of incorporation deleting therefrom all provisions authorizing the corporation to operate such a school or schools, and changing the corporate name, if necessary, to delete therefrom any word or words which indicate that the corporation operates such a school or schools. Such an order of the Board of Regents shall be made only upon the same grounds and after the same procedures as are applicable to the revocation of a charter granted by the Regents pursuant to section 216 of the Education Law for the purpose of authorizing the corporation thereby created to operate a school or schools.

(b) Foreign (business or nonprofit) corporation.

(1) The corporation and any school or educational program which it may conduct shall be subject to and comply with all of the statutory provisions, Rules of the Regents and Regulations of the Commissioner which would be applicable to a corporation created by the Regents pursuant to section 216 of the Education Law for the same purpose or purposes.

(2) Within 30 days after receipt by the corporation of an order by the Board of Regents directing such action, the corporation shall cause to be filed with the New York Secretary of State either a certificate of surrender of authority, or a certificate of amendment of the application for authority deleting therefrom all provisions authorizing the corporation to operate such a school or educational program, and changing the corporate name, if necessary, to delete therefrom any word or words which indicate that the corporation operates such a school or educational program. Such an order of the Board of Regents shall be made only upon the same grounds and after the same procedures as are applicable to the revocation of a charter granted by the Regents pursuant to section 216 of the Education Law for the purpose of authorizing the corporation thereby created to operate a school or educational program.

(c) Domestic limited liability company.

(1) The company and any school or educational programs which it may conduct shall be subject to and comply with all of the statutory provisions, Rules of the Regents and Regulations of the Commissioner which would be applicable to a corporation created by the Regents pursuant to Section 216 of the Education Law for the same purpose or purposes.

(2) Within 30 days after receipt by the company of an order by the Board of Regents directing such action, the company shall file with the Secretary of State a certificate of amendment to the articles of organization deleting therefrom all provisions authorizing the company to operate such a school or educational program, and changing the company name, if necessary, to delete therefrom any word or words which indicate that the company operates such a school or educational program. Such an order of the Board of Regents shall be made only upon the same grounds and after the same procedures as are applicable to the revocation of a charter granted by the Regents pursuant to section 216 of the Education Law for the purpose of authorizing the corporation thereby created to operate a school or educational program.

(d) Foreign limited liability company.

(1) The company and any school or educational programs which it may conduct shall be subject to and comply with all of the statutory provisions, Rules of the Regents and Regulations of the Commissioner which would be applicable to a corporation created by the Regents pursuant to Section 216 of the Education Law for the same purpose or purposes.

(2) Within 30 days after receipt by the company of an order by the Board of Regents directing such action, the company shall file with the New York Secretary of State either a certificate of surrender of authority, or a certificate of amendment of the application for authority deleting therefrom all provisions authorizing the company to operate such a school or educational program, and changing the company name, if necessary, to delete therefrom any word or words which indicate that the company operates such a school or educational program. Such an order of the Board of Regents shall be made only upon the same grounds and after the same procedures as are applicable to the revocation of a charter granted by the Regents pursuant to section 216 of the Education Law for the purpose of authorizing the corporation thereby created to operate a school or educational program.

(e) Domestic not-for-profit corporation.

(1) The corporation and any school or educational program which it may conduct shall be subject to and comply with all of the statutory provisions, Rules of the Regents and Regulations of the Commissioner which would be applicable to a corporation created by the Regents pursuant to section 216 of the Education Law for the same purpose or purposes.

(2) Within 30 days after receipt by the corporation of an order by the Board of Regents directing such action, the corporation shall cause to be filed with the Secretary of State a certificate of amendment to the certificate of incorporation deleting therefrom all provisions authorizing the corporation to operate such a school or educational program, and changing the corporate name, if necessary, to delete therefrom any word or words which indicate that the corporation operates such a school or educational program. Such an order of the Board of Regents shall be made only upon the same grounds and after the same procedures as are applicable to the revocation of a charter granted by the Regents pursuant to section 216 of the Education Law for the purpose of authorizing the corporation thereby created to operate a school or educational program.

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