Which New York State Agencies Require Approval of Not-for-Profit Corporation Filings?

Certain purposes, such as: the establishment or operation of any aged care accommodation, adult care facility, or substance or alcohol abuse program; an educational purpose or the promotion of science, literature, art or history requires that the consent or approval of another agency be attached to the Certificate of Incorporation when it is submitted to the New York Department of State for filing.

This is a partial list of agencies that must consent to, or approve, the filing of certain New York Not-for-Profit Certificates of Incorporation prior to filing with the New York Department of State. If you have any questions, you can contact the agency at the address or telephone number below:

Agency Consent or Approval Required From Applicable Section of the Not-for-Profit Corporation Law and Purpose Requiring Consent or Approval

Office of the Attorney General
Antitrust Bureau
120 Broadway, 26th Floor
New York, NY10271
(212) 416-8436

Section404(a) – formation of a trade or business association.

Office of Children and Family Services
52 Washington Street
Rensselaer, NY 12144
(518) 474-3333

Section404(b) – institutions for children; care of destitute, delinquent, abandoned,neglected or dependent children; adoption services; establishment oroperation of a home or shelter for unmarried mothers; residential programsfor victims of domestic violence or the solicitation of contributions for anysuch propose.

Departmentof Health
Division of Legal Affairs
Corning Tower,Room 2482
Empire StatePlaza
Albany, NY12237
(518) 473-3233

Sections404(b) – establishment or operation of any aged care accommodation; adultcare facility; enriched housing programs; residences for adults or thesolicitation of contributions for any such purpose.

Departmentof Education
Office of Counsel
State EducationBuilding, Room 148
Albany, NY12234
(518) 473-8296

Section404(d) – promotion of science, literature, art, history or other departmentof knowledge; any educational purpose.

The Department of Education requires a $10 fee to obtain consent.

Public Health Council
Department of Health
Division of Legal Affairs
Corning Tower,Room 2482
Empire StatePlaza
Albany, NY12237
(518) 473-3233

Sections 404(o) and (t) – establishment or maintenance of a hospital or facility providing health related services or the solicitation of contributions forany such purpose.

Office of Mental Retardation & Developmental Disabilities
Office of Counsel
44 Holland Avenue
Albany, NY 12229
(518) 474-7700

Section 404(q) – establishment or operation of a facility for which an operatingcertificate from the commissioner of Mental Retardation and DevelopmentDisabilities is required by Article 16 or 31 of the Mental Hygiene Law or thesolicitation of contributions for any such purpose.

Office of Alcoholism and Substance Abuse Services
Bureau of Certification
1450 Western Avenue
Albany, NY 12203-3526
(518) 485-2251

Section 404(u) – establishment or operation of a substance abuse, substance dependence, alcohol abuse, alcoholism, chemical abuse or dependence program or the solicitation of contributions for any such purpose.

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