N.Y. Education Law Section 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.

Source: Section 216 — Charters, https://www.­nysenate.­gov/legislation/laws/EDN/216 (updated Sep. 22, 2014; accessed May 24, 2025).

201
Corporate name and objects 202
Regents 203
Officers 204
Meetings and absences 205
Quorum 206
Authority to take testimony and conduct hearings 207
Legislative power 207–A
Disclosure of gifts made to institutions of higher education by foreign governments, persons and entities 207–B
Crisis resources 208
General examinations, credentials and degrees 208–A
Scheduling of examinations 209
Academic examinations 209–A
Applications for admission to college 210
Registrations 210–A
Admission requirements for graduate-level teacher and educational leader programs 210–B
Graduate-level teacher and educational leadership program deregistration and suspension 210–C
Interstate reciprocity agreement for post-secondary distance education programs 211
Review of regents learning standards 211–A
Enhanced state accountability system 211–B
Consequences for consistent lack of improvement in academic performance 211–C
Distinguished educators 211–D
Contract for excellence 211–E
Educational partnership organizations 211–F
Takeover and restructuring failing schools 212
Fees 212–A
Return of deposits for professional and graduate schools 212–B
Return of tuition for colleges, universities, professional, proprietary and graduate schools 212–C
Teacher accreditation review fees 213
Extension of educational facilities 213–B
Unlawful sale of dissertations, theses and term papers 214
Institutions in the university 215
Visitation and reports 215–A
Annual report by regents to governor and legislature 215–B
Annual report by commissioner to governor and legislature 215–C
Promoting cost-effectiveness in public elementary and secondary schools 215–D
State university of New York report on economic development activities 216
Charters 216–A
Applicability of not-for-profit corporation law 216–B
Private foundations, as defined in the United States internal revenue code of 1954: provisions included in the charter 216–C
Special provisions for cutlery and knife museums that exhibit automatic knives 217
Provisional charters 218
Conditions of incorporation 219
Change of name or charter 220
Distribution of assets 221
Dissolution of educational institution by stockholders 222
Suspension of operations 223
Consolidation or merger of corporations 224
Prohibitions 224–A
Students unable because of religious beliefs to register or attend classes on certain days 225
Unlawful acts in respect to examinations and records 226
Powers of trustees of institutions 227
Colleges may construct water-works and sewer systems 228
The Hamilton college sewer district 229
County educational institutions 230
Municipal training institute 231
Town and county officers training school 232
Departments and their government 233
State Museum 233–A
Property of the state museum 233–AA
Property of other museums 233–B
New York state freedom trail commission 233–C
Study 234
Indian collection 235
State science service 235–A
New York state biodiversity research institute 235–B
New York state biological survey 236
Public television and radio 237
Regents plan for higher education including approved plans of state university and city university of New York and plans of independent i... 238
Chair on geriatrics in the state university 238–A
Statewide resource centers for geriatric education 239
Albert Einstein chairs in science and Albert Schweitzer chairs in the humanities 239–A
Collection and distribution of student’s residual consumer goods 239–B
Research dogs and cats
Green check means up to date. Up to date

Accessed:
May 24, 2025

Last modified:
Sep. 22, 2014

§ 216’s source at nysenate​.gov

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