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This entry was published on 2014-09-22
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Certificates of incorporation
Social Services (SOS) CHAPTER 55, ARTICLE 7, TITLE 1
§ 460-a. Certificates of incorporation. 1. Unless the written approval
of the department shall have been endorsed on or annexed to a
certificate of incorporation, no such certificate shall hereafter be
filed which includes among its corporate purposes the care of destitute,
delinquent, abandoned, neglected or dependent children; the
establishment or operation of any aged care accommodation, as defined in
the private housing finance law, or adult care facility; the placing-out
or boarding-out of children, as defined in this chapter; the
establishment or operation of a home or shelter for unmarried mothers or
a residential program for victims of domestic violence, as defined in
subdivision four of section four hundred fifty-nine-a of this chapter;
or the solicitation of contributions for any such purpose or purposes,
provided, however, that the approval of the department shall not be
required for filing of a certificate of incorporation which is
restricted in its statement of corporate purposes to the establishment
or operation of a facility for which an operating certificate is
required by article twenty-three, nineteen, thirty-one or thirty-two of
the mental hygiene law, or to the establishment or operation of a
hospital, residential health care facility, or a home health agency, as
those terms are defined in article twenty-eight of the public health

2. The department shall promulgate regulations establishing the
procedure for submitting certificates of incorporation for approval and
specifying the documentation to be submitted in connection with such
approval. The department shall approve or disapprove a certificate of
incorporation solely on the basis of information submitted pursuant to
regulations. The department shall approve or disapprove a certificate of
incorporation by indicating its approval by endorsement of the
certificate of incorporation or its disapproval by giving written notice
thereof, which notice shall state the reasons for disapproval. A
certificate of incorporation not acted upon within sixty days of the
receipt of all information and documentation required by department
regulations shall be deemed to be disapproved.

3. Where a corporation engages in, or holds itself out as being
authorized to engage in, activities described in this section without
having obtained requisite approvals, the department may institute and
maintain an action in the supreme court through the attorney general to
procure a judgement dissolving and vacating or annulling the certificate
of incorporation of any such corporation.