N.Y. Social Services Law § 460-a: Certificates of incorporation

§ 460-a. Certificates of incorporation. 1. Unless the written approval

of the department shall have been endorsed on or annexed to a

certificate of incorporation, no such certificate shall hereafter be

filed which includes among its corporate purposes the care of destitute,

delinquent, abandoned, neglected or dependent children; the

establishment or operation of any aged care accommodation, as defined in

the private housing finance law, or adult care facility; the placing-out

or boarding-out of children, as defined in this chapter; the

establishment or operation of a home or shelter for unmarried mothers or

a residential program for victims of domestic violence, as defined in

subdivision four of section four hundred fifty-nine-a of this chapter;

or the solicitation of contributions for any such purpose or purposes,

provided, however, that the approval of the department shall not be

required for filing of a certificate of incorporation which is

restricted in its statement of corporate purposes to the establishment

or operation of a facility for which an operating certificate is

required by article twenty-three, nineteen, thirty-one or thirty-two of

the mental hygiene law, or to the establishment or operation of a

hospital, residential health care facility, or a home health agency, as

those terms are defined in article twenty-eight of the public health

law.

2. The department shall promulgate regulations establishing the

procedure for submitting certificates of incorporation for approval and

specifying the documentation to be submitted in connection with such

approval. The department shall approve or disapprove a certificate of

incorporation solely on the basis of information submitted pursuant to

regulations. The department shall approve or disapprove a certificate of

incorporation by indicating its approval by endorsement of the

certificate of incorporation or its disapproval by giving written notice

thereof, which notice shall state the reasons for disapproval. A

certificate of incorporation not acted upon within sixty days of the

receipt of all information and documentation required by department

regulations shall be deemed to be disapproved.

3. Where a corporation engages in, or holds itself out as being

authorized to engage in, activities described in this section without

having obtained requisite approvals, the department may institute and

maintain an action in the supreme court through the attorney general to

procure a judgement dissolving and vacating or annulling the certificate

of incorporation of any such corporation.