Commissioner's Consents

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

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

Last Updated: July 28, 2010