Consents, Charters and Certificates of Incorporation

Education Law §216 gives the Board of Regents broad authority to incorporate educational institutions by issuing them a charter.  Institutions issued a Regents charter are incorporated as education corporations.  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, historical society or other cultural institution; and (4) a public television or public radio station. 

Organizations with educational purposes that do not require a Regents charter may be incorporated under the Not-for-Profit Corporation Law, the Business Corporation Law, or organized under the Limited Liability Company Law.  Consent of the Commissioner of Education is required to form a corporation through the Department of State where the corporation has educational purposes, or for filing of a certificate of authority to do business in New York by a foreign corporation with educational purposes.   Consent of the Commissioner of Education is also required for subsequent amendments to the certificate of incorporation of a corporation with educational purposes or for other major corporate changes, such as a merger or consolidation or dissolution.  In addition, where an organization proposes to use a name which includes a term, such as "school", "college" or "museum" that implies purposes that require a Regents charter, consent of the Commissioner of Education is required under the provisions of Chapter 316 of the Laws of 2005.

Consent Process

Chartering of Education Corporations

Corporate names and assumed names -- Chapter 316 of the Laws of 2005

Last Updated: June 25, 2009