§ 404. Approvals, notices and consents.

(a) Every certificate of incorporation which includes among its
purposes the formation of a trade or business association shall have
endorsed thereon or annexed thereto the consent of the attorney-general.

(b) (1) Every certificate of incorporation which includes among its
purposes the care of destitute, delinquent, abandoned, neglected or
dependent children; the establishment or operation of any adult care
facility, or the establishment or operation of a residential program for
victims of domestic violence as defined in subdivision four of section
four hundred fifty-nine-a of the social services law, or the placing-out
or boarding-out of children or a home or shelter for unmarried mothers,
excepting the establishment or maintenance of a hospital or facility
providing health-related services as those terms are defined in article
twenty-eight of the public health law and a facility for which an
operating certificate is required by articles sixteen, nineteen,
twenty-two and thirty-one of the mental hygiene law; or the solicitation
of contributions for any such purpose or purposes, shall have endorsed
thereon or annexed thereto the approval of the commissioner of the
office of children and family services or with respect to any adult care
facility, the commissioner of health.

(2) A corporation whose statement of purposes specifically includes
the establishment or operation of a child day care center, as that term
is defined in section three hundred ninety of the social services law,
shall mail a certified copy of the certificate of incorporation, each
amendment thereto, and any certificate of merger, consolidation or
dissolution involving such corporation to the office of children and
family services within thirty days after receipt of confirmation of the
filing of such certificate, amendment, merger, consolidation or
dissolution with the department of state. This requirement shall also
apply to any foreign corporation filing an application for authority
under section thirteen hundred four of this chapter, any amendments
thereto, and any surrender of authority or termination of authority in
this state of such corporation.

(c) Every certificate of incorporation which includes among the
purposes of the corporation, the establishment, maintenance and
operation of a hospital service or a health service or a medical expense
indemnity plan or a dental expense indemnity plan as permitted in
article forty-three of the insurance law, shall have endorsed thereon or
annexed thereto the approval of the superintendent of financial services
and the commissioner of health.

(d) Every corporation whose certificate of incorporation includes
among its purposes the operation of a school; a college, university or
other entity providing post secondary education; a library; or a museum
or historical society shall have endorsed thereon or annexed thereto the
approval of the commissioner of education, or in the case of a college
or a university, the written authorization of the Regents of the
university of the state of New York. Any other corporation the
certificate of incorporation of which includes a purpose for which a
corporation might be chartered by the regents of the university of the
State of New York shall mail a certified copy of the certificate of
incorporation to the commissioner of education within thirty days after
receipt of confirmation of filing.

(e) Every certificate of incorporation of a cemetery corporation,
except those within the exclusionary provisions of section 1503
(Cemetery corporations) shall have endorsed thereon or annexed thereto
the approval of the cemetery board.

(f) Every certificate of incorporation of a fire corporation shall
have endorsed thereon or annexed thereto the approval, signed and
acknowledged, of the authorities of each city, village, town or fire
district in which the corporation proposes to act. Such authorities
shall be: in a city, the mayor; in a village, a majority of the
trustees; in a town, a majority of the members of the town board; in a
fire district, a majority of the fire commissioners. The members of the
town board of a town, or the trustees of a village, shall not consent to
the formation of a fire corporation as hereinbefore provided, until such
board shall have held a public hearing on the question of whether the
fire company should be incorporated. The notice shall be published at
least once in each week for two successive weeks in the official
newspaper published in the county in which such fire corporation intends
to locate, prior to the regular meeting of such board designated by the
chairman of the board to consider the matter. Such notice shall contain
the name of the proposed company, the names of the persons signing the
certificate of incorporation, a brief description of the territory to be
protected by the fire company and that all persons interested shall be
heard. If no newspaper is published in the county the publication of the
notice shall be in a newspaper in an adjoining county selected by the
chairman of such board. All expenses in connection with such publication
shall be borne by the parties making the application and paid before the
hearing.

(g) Every certificate of incorporation of a corporation for prevention
of cruelty to animals shall have endorsed thereon or annexed thereto the
approval of the American Society for the Prevention of Cruelty to
Animals, or, if such approval be withheld thirty days after application
therefor, a certified copy of an order of a justice of the supreme court
of the judicial district in which the office of the corporation is to be
located, dispensing with such approval, granted upon eight days' notice
to such society.

(h) Every certificate of incorporation of a Young Men's Christian
Association shall have endorsed thereon or annexed thereto the approval
of the chairman of the national board of Young Men's Christian
Associations.

(i) Every certificate of incorporation which indicates that the
proposed corporation is to solicit funds for or otherwise benefit the
armed forces of the United States or of any foreign country, or their
auxiliaries, or of this or any other state or any territory, shall have
endorsed thereon or annexed thereto the approval of the adjutant
general. The department of state, in conjunction with the division of
military and naval affairs, shall establish and maintain on the
department's website a public listing of all approved not-for-profit
corporations soliciting funds for or otherwise benefiting the armed
forces of the United States or of any foreign country, or their
auxiliaries, or of this or any other state or territory.

(j) Every certificate of incorporation which includes among its
purposes the organization of wage-earners for their mutual betterment,
protection and advancement; the regulation of hours of labor, working
conditions, or wages; or the performance, rendition or sale of services
as labor consultant, labor-management advisor, negotiator, arbitrator,
or specialist; and every certificate of incorporation in which the name
of the proposed corporation includes "union", "labor", "council" or
"industrial organization", or any abbreviation or derivative thereof in
a context that indicates or implies that the corporation is formed for
any of the above purposes, shall have endorsed thereon or annexed
thereto the approval of the industrial board of appeals. The board shall
make such inquiry into the purposes of the proposed corporation as it
shall deem advisable and shall order a hearing if necessary to determine
whether or not such purposes are in all respects consistent with public
policy and the labor law. Notice of the time and place of hearing shall
be given to the applicants and such other persons as the board may
determine.

(k) Every certificate of incorporation for a corporation which has as
its exclusive purpose the promotion of the interests of savings bank
life insurance or the promotion of the interests of member banks may, if
the approval of the superintendent of financial services is endorsed
thereon or annexed thereto, use as a part of the corporate name any of
the words or phrases, or any abbreviation or derivative thereof, set
forth in subparagraph (5) of paragraph (a) of section 301 (Corporate
name; general).

(l) Every certificate of incorporation for a corporation which has as
its exclusive purpose the creation of an association of licensed
insurance agents, licensed insurance brokers, or licensed insurance
underwriters and every application for authority of a foreign
corporation which is an independent laboratory engaged in testing for
public safety, or which has as its purpose the advancement of corporate,
governmental, and institutional risk and insurance management, or which
has as its exclusive purpose the creation of an association of insurers,
each of which is duly licensed in this state or, if it does no business
or is not licensed in this state, is duly licensed in another state or
foreign jurisdiction may, if the approval of the superintendent of
financial services is endorsed thereon or annexed thereto, use as a part
of the corporate name any of the words or phrases, or any abbreviation
or derivative thereof, set forth in subparagraph (5) of paragraph (a) of
section 301 (Corporate name; general).

(m) Every certificate of incorporation in which the name of the
proposed corporation includes the name of a political party shall have
endorsed thereon or annexed thereto the consent of the chairman of the
county committee of such political party of the county in which the
office of the corporation is to be located, except in cases where the
supreme court finds that the withholding of such consent of the county
chairman is unreasonable.

(n) Every certificate of incorporation in which the name of the
proposed corporation includes the words "American Legion," shall have
endorsed thereon or annexed thereto the approval of the Department of
New York, the American Legion, duly acknowledged by its commander or
adjutant.

(o) Every certificate of incorporation which includes among its
corporate purposes or powers the establishment or maintenance of any
hospital, as defined in article twenty-eight of the public health law,
or the solicitation of contributions for any such purpose, or purposes,
shall have endorsed thereon or annexed thereto the approval of the
public health and health planning council.

(p) Every certificate of incorporation of a medical corporation as
defined in article forty-four of the public health law and organized
pursuant thereto and pursuant to this chapter, shall have endorsed
thereon or annexed thereto the consent of the commissioner of health and
the approval of the public health and health planning council.

(q) Every certificate of incorporation which includes among its
corporate purposes or powers the establishment, or operation of a
facility for which an operating certificate from the commissioner of
mental health is required by article thirty-one 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.

(r) Every certificate of incorporation of a health maintenance
organization as defined in article forty-four of the public health law
and organized pursuant thereto and pursuant to this chapter, shall have
endorsed thereon or annexed thereto the consent of the commissioner of
health.

(t) Every certificate of incorporation which includes among its
purposes and powers the establishment or maintenance of a hospital or
facility providing health related services, as those terms are defined
in article twenty-eight of the public health law, or the solicitation of
contributions for any such purpose or two or more of such purposes,
shall have endorsed thereon the approval of the public health and health
planning council.

(u) Every certificate of incorporation which includes among the
purposes of the corporation, the establishment or operation of a
substance abuse, substance dependence, alcohol abuse, alcoholism, or
chemical abuse or dependence program, or the solicitation of
contributions for any such purpose, shall have endorsed thereon or
annexed thereto the consent of the commissioner of the office of
alcoholism and substance abuse services to its filing by the department
of state.

(v) Every certificate of incorporation which includes among the
purposes of the corporation, the establishment, maintenance and
operation of a nonprofit property/casualty insurance company, pursuant
to article sixty-seven of the insurance law, shall have endorsed thereon
or annexed thereto the approval of the superintendent of financial
services.