Assembly Bill A10791

Signed By Governor
2009-2010 Legislative Session

Discontinues the requirement that certificates of incorporation be approved by the commissioner of mental retardation and developmental disabilities; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A10791 (ACTIVE) - Details

See Senate Version of this Bill:
S7253
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Rpld §16.07, Ment Hyg L; amd §§404 & 804, N-CP L

2009-A10791 (ACTIVE) - Summary

Discontinues the requirement that certificates of incorporation be approved by the commissioner of mental retardation and developmental disabilities.

2009-A10791 (ACTIVE) - Sponsor Memo

2009-A10791 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10791

                          I N  A S S E M B L Y

                             April 21, 2010
                               ___________

Introduced  by  M.  of  A.  ORTIZ -- (at request of the Office of Mental
  Retardation Development Disabilities) -- read once and referred to the
  Committee on Mental Health

AN ACT to amend the  not-for-profit  corporation  law,  in  relation  to
  approval  of  certificates  of  incorporation  by  the commissioner of
  mental  retardation  and  developmental  disabilities;  and  repealing
  section 16.07 of the mental hygiene law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 16.07 of the mental hygiene law is REPEALED.
  S 2. Paragraph (q) of section 404 of  the  not-for-profit  corporation
law,  as  amended by chapter 431 of the laws of 1993, is amended to read
as follows:
  (q) Every certificate of incorporation which includes among its corpo-
rate purposes or powers the establishment, or operation  of  a  facility
for  which  an  operating  certificate  from  the commissioner of mental
health  [or  mental  retardation  and  developmental  disabilities]   is
required  by  article thirty-one [or sixteen] of the mental hygiene law,
or the solicitation of contributions for any such  purpose,  shall  have
endorsed  thereon or annexed thereto the approval of the commissioner of
mental health [or mental retardation and developmental disabilities].
  S 3. Subparagraph (i) of paragraph (a) of section 804 of the  not-for-
profit  corporation  law, as amended by chapter 139 of the laws of 1993,
is amended to read as follows:
  (i) A certificate of amendment shall not be  filed  if  the  amendment
adds,  changes or eliminates a purpose, power or provision the inclusion
of which in a certificate of incorporation requires consent or  approval
of a governmental body or officer or any other person or body, or if the
amendment  changes the name of a corporation whose certificate of incor-
poration had such consent or approval endorsed thereon or annexed there-
to, unless such consent or approval IS NO LONGER REQUIRED OR is endorsed
on or annexed to the certificate of amendment.
  S 4. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15656-01-0
              

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