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18 CRR-NY 482.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 18. DEPARTMENT OF SOCIAL SERVICES

CHAPTER II. REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES

SUBCHAPTER C. SOCIAL SERVICES

ARTICLE 7. CERTIFICATES OF INCORPORATION; MISCELLANEOUS CORPORATE MATTERS

PART 482. APPROVAL OF CERTIFICATES OF INCORPORATION

18 CRR-NY 482.1

482.1 Applications.

(a) An application for department approval of a certificate of incorporation, or any amendments thereof, shall be on forms provided by the department, shall be executed and submitted in accordance with department instructions, and shall state:

(1) the names and addresses of the persons submitting the application;

(2) the name and address of the proposed corporation;

(3) the territory in which its activities are principally to be conducted;

(4) with reference to a not-for-profit corporation, the names and addresses of the proposed members of the board of directors, and such personal information as may be required in order to determine their character, experience, competency and standing in the community, with reasonable assurance of their ability to conduct the affairs of the corporation in its best interests and in the public interest;

(5) with reference to a business corporation, the names and addresses of the board of directors, officers and stockholders, together with such personal information as may be required in order to determine that they are persons of good moral character who are competent to operate the business;

(6) information and data with reference to the public need for the proposed facilities or programs at the time and place and under the circumstances proposed, in order to determine that there is a public need for the facility or program;

(7) information and data with reference to the financial resources and sources of future revenue of facilities or programs to be operated by the proposed corporation, in order to determine that there are adequate finances to properly establish and conduct them;

(8) such data and information as may be required in order to establish the fitness and adequacy of any proposed facility or program to be operated or conducted by the proposed corporation;

(9) such data and information as may be required in order to determine the fitness and adequacy of the personnel to be engaged in the facilities or programs;

(10) the policies to be followed by the proposed corporation in its facilities or programs;

(11) such other pertinent information as may be required by the department.

(b) In the event that one or more of the purposes of the proposed corporation is to solicit contributions for any purpose which requires department approval, the application shall also contain such data and information as may be required to determine that it would be successful in raising funds necessary to establish the proposed facility or program within the period planned, which shall not be more than five years from the date of the department's approval.

(1) the executed original and two conformed copies of the proposed certificate of incorporation;

(2) such approval or consent by another State department or agency as may be required by statute or, pending such approval or consent, evidence that a concurrent application therefor has been made in good faith;

(3) a statement from the governmental agency having licensing jurisdiction over any proposed facilities and programs that such agency intends to issue the requisite license or operating certificate upon approval by the department of the certificate of incorporation;

(4) such other pertinent documents as may be required by the department.

18 CRR-NY 482.1

Current through July 31, 2021

End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.