Obtaining the “consent of the Commissioner” is a requirement for establishing certain educational businesses in the State of New York. A Commissioners consent is basically a written document issued by the New York State Education Department, Office of Counsel, stating that the proposed organizational documents have reviewed by the Commissioner’s Office and are in compliance with their policies. Once obtained, the consent must then be filed with the New York Dept. of State along with the organizational documents at the time of formation.  A Commissioners consent is also required for subsequent business filings, such as amendments to the company’s name, foreign business registrations, or dissolution.

The Commissioner’s consent may also be required for businesses that contain an educational word in the company’s name, even if the company is not an educational organization in the traditional sense. For example, and dance instruction school would need the Commissioner’s consent to call themselves a dance “academy.”

The New York State Education Department has jurisdiction over most business entities that have an educational purpose, such as schools, colleges, libraries and museums. Thus, any proposed filing with the Dept. of State must generally be approved first by the Education Department (via the consent) for these types of organizations. This extra regulatory step can be tricky and the Department routinely refuses any application for consent that does not meet their legal guidelines.

If you need assistance obtaining a Commissioner’s consent for your business feel free to contact us for a free phone consultation.

 Thomas Law Firm PLLC | 175 Varick St | New York, NY 10014 | P: (212) 203-9975 | scott@thomaslawfirm.co