Chapter 316 of the Laws of 2005 - Summary

A.1794-A was signed into law on July 26, 2005 as Chapter 316 of the Laws of 2005, effective January 1, 2006 [see §9 of Chapter 316, L. 2005]. The substantive provisions of the law are summarized as follows:

(1) General Business Law §130 is amended to add a new subdivision (11) to provide that an education corporation may not file a certificate of assumed name with the Secretary of State, unless the consent of the Board of Regents is endorsed on or annexed to the certificate; provided further that "[n]othing in this subdivision shall invalidate a certificate lawfully filed by an education corporation pursuant to this section prior to the effective date of this subdivision."

(2) Education Law §219 is amended to add a new subdivision (5) to provide that an education corporation may file a certificate of assumed name, provided that the consent of the Board of Regents is endorsed or annexed to the certificate. Any education corporation that has filed a certificate of assumed name with the Secretary of State prior to the effective date of this subdivision shall file a copy of the certificate of assumed name with the State Education Department no later than 90 days after the effective date of the subdivision.

(3) Education Law §216 is amended to add a new undesignated paragraph to provide that no individual, association, partnership, company or corporation not authorized by special charter from the State Legislature or by charter from the Regents to operate a museum or arboretum shall knowingly use, advertise or transact business under the names "museum" or "arboretum" or any name, title or descriptive material indicating or tending to imply it conducts, carries on, or is such a business when it is not, or that it is authorized to operate as such, unless the right to do so has been granted by the Regents or the Commissioner in writing. An individual, association, partnership, company or corporation doing business under any of such names on the effective date of the paragraph may come into compliance with the paragraph by obtaining consent of the Regents or Commissioner within one year of such effective date.

(4) Business Corporation Law §301(a), Not-for-Profit Corporation Law §404, Partnership Law §121-102 and Limited Liability Company Law §204 are amended, effective January 6, 2006, to require the Commissioner's consent to certificates of incorporations, certificates of limited partnership, and articles of organization that include the following terms, or any abbreviation or derivative, in the corporate, partnership or company name:

school

education

elementary

secondary

kindergarten

prekindergarten

preschool

nursery school

museum

history

historical

historical society

arboretum

library

college, university or other term restricted by Education Law §224

conservatory

academy

institute

(5) General Business Law §130(2)(c) is amended to prohibit a corporation, limited partnership or limited liability company from using or filing a certificate for the use of an assumed name that includes any of the terms listed in (4) above, without having obtained the Commissioner's consent

 

Last Updated: July 28, 2010