I am forming a corporation or other entity that will operate a nonpublic nursery school, nonpublic elementary school or nonpublic secondary school. What steps do I need to take?
• If the school seeking incorporation will be operated on a non-profit basis, it must incorporate as an education corporation under the provisions of Education Law §216 by petitioning the Board of Regents for a provisional charter. For further information concerning the procedure to petition the Board of Regents for a provisional charter, please see http://www.counsel.nysed.gov/pamphlet9/ • If the school seeking incorporation will be operated on a for-profit basis, under the Business Corporation Law the proposed certificate of incorporation must be submitted for the consent of the Commissioner of Education, prior to filing with the Department of State. The certificate of incorporation must include: • The corporate purposes which specifically provide for the operation of the school, indicating the children’s ages and/or grade levels (e.g. a nursery school for children ages 3-5 or an elementary school grades 1-3) • The street address of the school • The following language: “The corporati
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