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New York Education Department Approval

STEPS FOR RECEIVING NON PROFIT CONSENT FROM NY EDUCATION DEPARTMENT

Does my non profit require approval from the NYS Education Department?

If your non profit organization promotes science, literature, art, history or any educational purpose, you will need the consent of the Commissioner of the Education Department.

How do I apply for consent?

You submit the completed consent form with two copies of your certificate of incorporation and bylaws to the NYS Education Department. Include a self-addressed, stamped, return envelope and the fee. You can find the consent form at the link below or in your online account if you hire ‘Northwest’ as your New York registered agent.

What is the fee?

$10.  Pay by check or money order made out to NYS Education Department.

Is there specific wording the Department requires?

Your Certificate of Incorporation will need the purpose described so that the educational purpose of your non profit is clear. Also, if the name of your organization or its purpose implies that you may be engaged in activity that is normally a licensed profession, like the operation of a museum, the Education Department wants to see the following disclaimer in your planned certificate. Use an additional article in your certificate named, “Disclaimer.”

  1. Nothing herein shall ize 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.
  2. Nothing herein shall ize the corporation to operate or maintain a library, museum, archive or historical society or to own or hold collections.
  3. Except as ized by Title VIII or other applicable statute, nothing herein shall ize 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:
  4. 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:
  5. Nothing herein shall ize 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.

Where do I send the consent form?

NYS Education Department
Office of Counsel
State Education Building
89 Washington Avenue, Room 148
Albany, NY 12234

How long does it take to receive the consent?

Allow for 15 business days for the review to be finished if your documents are good. This doesn’t include mailing time, so at least three weeks.

Additional Resources:

New York Non Profit Organization

Corporate Compliance
by Local Corporate Guides®