New York Education Agency Business Name Approval

NEW YORK BUSINESS NAME RESTRICTED WORDS AND EDUCATION DEPARTMENT CONTACT INFORMATION

What words are restricted for business names in New York that needs approval from the Education Agency?

“Academy;” “conservatory;” “education;” “elementary;” “historical;” “historical society;” “history;” “institute;” “kindergarten;” “library;” “prekindergarten;” “preschool;” “school;” “secondary;” and “museum”

“Arboretum;” “college;” and “university” (these words also need approval from Board of Regents).

How to request approval from the New York Education Department for use of restricted word:

1 – Submit two copies of the original executed corporate or organizational document, prior to filing with the Department of State. You will need to be sure to include a specific statement of purposes in your corporate or organizational document. When the name or purposes of your corporate or organizational document imply that you might be engaged in the practice of a licensed profession or in activities which may be “chartered” or incorporated under Education Law, e.g., the operation of a museum or historical society, the document will require specific disclaimers in the statement of corporate purposes. If the name or purposes imply activities that fall within the activities described in the following disclaimers, it is highly recommended that you include the following disclaimers in your proposed document:

• Nothing herein shall authorize the corporation to operate, maintain or manage a charter school, a nursery school, an elementary school, a secondary school, a college, university or to advertise or offer credit-bearing courses or degrees in New York State.
• Nothing herein shall authorize the corporation to operate or maintain a library, museum, archive or historical society or to own or hold collections.
• Except as authorized by Title VIII or other applicable statute, nothing herein shall authorize the corporation to engage in the practice of any profession in New York, engage in the training of any profession in New York or to use a professional title or term of any profession in New York in violation of Title VIII of the Education Law.
  Note: If your corporate papers indicate that you will be providing counseling, but you will not be engaging in professional practice as defined in Education Law, include the following disclaimer in your corporate document:
• The corporation will restrict the provision of counseling services to instruction, advice, support, encouragement or information to individuals, families, and relational groups, provided that this shall not include the diagnosis or treatment of mental, emotional, nervous, or behavioral disorders.
  Note: If your corporate papers indicate that you will be operating a radio or television station or producing radio or television programs, include the following disclaimer in your corporate document:
• Nothing herein shall authorize the corporation, directly or indirectly, to own, operate, or maintain a public television and/or public radio station pursuant to Section 236 of the Education Law nor to request funding as such.

2 – Include a completed typed consent form.
3 – A fee is charged for each consent. The fee for non-profit entities is $10. The fee for all other entities is $20. Please include a check or money order payable to “NYS Education Department.”
4 – Please include a self-addressed, stamped, return envelope. Overnight services may also be used if a prepaid return label is included.
5 – Be sure to provide your contact information.

Is there a fee to request approval of your business name from the New York Education Department?

There is a $10 fee for nonprofits or a $20 fee for all other entities required by the Education Department for approval of business names.

Expedited return service is available if a prepaid return label is enclosed.

How long will it take them to process the request for approval?

Normal Processing: 15 working days, plus additional time for return mailing.

You will receive a response letter in the return envelope that you provided.

How to contact the New York Education Agency:

NYS Education Department
Office of Counsel
State Education Building
89 Washington Avenue
Room 148
Albany, NY 12234
Phone: 518-473-8296
Website: New York Education Department

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