N.Y. Education Law § 216: Charters

§ 216. Charters. Under such name, with such number of trustees or

other managers, and with such powers, privileges and duties, and subject

to such limitations and restrictions in all respects as the regents may

prescribe in conformity to law, they may, by an instrument under their

seal and recorded in their office, incorporate any university, college,

academy, library, museum, or other institution or association for the

promotion of science, literature, art, history or other department of

knowledge, or of education in any way, associations of teachers,

students, graduates of educational institutions, and other associations

whose approved purposes are, in whole or in part, of educational or

cultural value deemed worthy of recognition and encouragement by the

university. No school; college; university or other entity providing

post secondary education; library; or museum or historical society shall

be incorporated under the business corporation law, the not-for-profit

corporation law, or any other general law without the consent of the

commissioner or, in the case of a college or university, without the

written authorization of the Regents. Any other entity incorporated for

educational purposes may be formed under the business corporation law or

the not-for-profit corporation law without the consent of the

commissioner, provided that such institution or association submits a

certified copy of the certificate of incorporation to the commissioner

within thirty days after the corporation receives confirmation from the

department of state that the certificate has been accepted for filing.

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.