Education Law §216 gives the Board of Regents broad authority to incorporate educational institutions by issuing them either a Regents charter or a Regents certificate of incorporation. Institutions issued a Regents charter or Regents certificate of incorporation are incorporated as education corporations, and are generally subject to the Not-for-Profit Corporation Law as provided in Education Law §216-a.
In general, the following institutions must be chartered by the Board of Regents: (1) a college, university or other institution of higher education; (2) a nursery, elementary, secondary or charter school; (3) a library, archives, museum or historical society with collections; and (4) a public television or public radio station.
The following institutions must be incorporated by issuance of a Regents certificate of incorporation: (1) a historical society that does not hold collections; and (2) a cultural agency.
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