Incorporation of a Nonprofit in NYS (Ed. Dept.)
Not all nonprofit organizations (NPOs) are incorporated under the New York State Department of State (DOS); some entities, particularly those focused on educational, cultural, or historical purposes, are instead chartered by the New York State Education Department through the Board of Regents. This distinction reflects differences in the legal framework and oversight depending on the organization's mission and activities.
Entities that can be established (chartered or incorporated) under the New York State Education Department (NYS ED) are known as “education corporations.” These are created by the Board of Regents, not through the Secretary of State, and are subject to NYS Education Law.
Entities Chartered by the NYS Education Department/Board of Regents:
  • Colleges and Universities (institutions of higher education)
  • Nursery, Elementary, Secondary, and Charter Schools
  • Libraries, including public, association, and school libraries, as well as archives
  • Museums and Historical Societies (with collections)
  • Historical Societies without collections (chartered by Regents certificate)
  • Public Television and Public Radio Stations
Cultural Agencies (such as certain arts, science, or educational service organizations)
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Eddie Gajadar
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Incorporation of a Nonprofit in NYS (Ed. Dept.)
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