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Chapter 316 of the Laws of 2005 - Text of Law

(Became a law July 26, 2005)

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph (c) of subdivision 2 of section 130 of the general business law, as amended by chapter 470 of the laws of 1997, is amended to read as follows:

(c) No corporation, limited partnership or limited Liability Company shall use or file a certificate for the use of any name or designation to carry on or conduct or transact business in this state which consists of or includes a word or words the use of which is prohibited or restricted by subparagraphs three through [ten] eleven of paragraph (a)

of section three hundred one of the business corporation law or subparagraphs three through nine of paragraph (a) of section three hundred one and paragraph (w) of section four hundred four of the not-for-profit corporation law, or paragraph three of subdivision (a) of section 121-102 of the partnership law, or subdivisions (d) through [(h)] (i) of section two hundred four of the limited liability company law, respectively, without having obtained any necessary consents or approvals which would permit the use of the word or words pursuant to such laws.

§ 2. Section 130 of the general business law is amended by adding a new subdivision 11 to read as follows:

11. Notwithstanding any other provision of this section, an education corporation may not file a certificate under this section with the secretary of state, unless the consent of the board of regents is endorsed on or annexed thereto. Nothing 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.

§ 3. Section 219 of the education law is amended by adding a new subdivision 5 to read as follows:

5. An education corporation may file an assumed name certificate pursuant to section one hundred thirty of the general business law, provided that the consent of the regents is endorsed or annexed thereto. Any education corporation that has filed an assumed name certificate with the secretary of state prior to the effective date of this subdivision shall file a copy of such certificate with the department no later than ninety days after the effective date of this subdivision.

§ 4. Section 216 of the education law is amended by adding a new undesignated paragraph to read as follows:

No individual, association, partnership, company or corporation not authorized by special charter from the legislature of this state 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 that said individual, association, partnership, company or corporation 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. Any violation of this paragraph shall be a misdemeanor. Notwithstanding any other provision of this section, an individual, association, partnership, company or corporation doing business under any of such names on the effective date of this paragraph may come into compliance with this paragraph by obtaining consent of the regents or the commissioner within one year of such effective date.

§ 5. Paragraph (a) of section 301 of the business corporation law is amended by adding a new subparagraph 11 to read as follows:

(11) Shall not, unless the consent of the commissioner of education is endorsed on or annexed to the certificate of incorporation, contain the words "school;" "education;" "elementary;" "secondary;" "kindergarten;" "prekindergarten;" "preschool;" "nursery school;" "museum;" "history;" "historical;" "historical society;" "arboretum;" "library;" "college;" "university" or other term restricted by section two hundred twenty-four of the education law; "conservatory," "academy," or "institute," or any abbreviation or derivative of such terms. Such consent shall not be granted by the commissioner of education, if in the commissioner's opinion, the use of such terms in the corporate name is likely to mislead or confuse the public into believing that the corporation is organized for non-profit educational purposes or for educational business purposes that are not specified in the corporate purposes and powers contained in its certificate of incorporation.

§ 6. Section 404 of the not-for-profit corporation law is amended by adding a new paragraph (w) to read as follows:

(w) Every certificate of incorporation in which the name of the proposed corporation includes the terms: "school," "education," "elementary," "secondary," "kindergarten," "prekindergarten," "preschool,""nursery school," "museum," "history," "historical," "historical society," "arboretum," "library," "college," "university" or other term restricted by section two hundred twenty-four of the education law; "conservatory," "academy," or "institute," or any abbreviation or derivative of such terms, shall have endorsed thereon or annexed thereto the consent of the commissioner of education.

§ 7. Subparagraph (A) of paragraph 3 of subdivision (a) of section 121-102 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows:

(A) may not contain the following phrases or any abbreviation or derivative thereof:

board of trade state trooper
chamber of commerce tenant relocation
community renewal urban development
state police urban relocation

 

Every certificate of limited partnership in which the name of the proposed limited partnership includes the terms: "school," "education," "elementary," "secondary," "kindergarten," "prekindergarten," "preschool," "nursery school," "museum," "history," "historical," "historical society," "arboretum," "library," "college," "university" or other term restricted by section two hundred twenty-four of the education law; "conservatory," "academy," or "institute," or any abbreviation or derivative of such terms, shall have endorsed thereon or annexed thereto the consent of the commissioner of education.

§ 8. Section 204 of the limited liability company law is amended by adding a new subdivision (i) to read as follows:

(i) shall not contain the following terms: "school," "education," "elementary," "secondary," "kindergarten," "prekindergarten," "preschool," "nursery school," "museum," "history," "historical," "historical society," "arboretum," "library," "college," "university" or other term restricted by section two hundred twenty-four of the education law; "conservatory," "academy," or "institute" or any abbreviation or derivative of such terms, shall have endorsed thereon or annexed thereto the consent of the commissioner of education.

§ 9. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.