Chartering a Public Library in New York State

S A M P L E
PETITION FOR PROVISIONAL CHARTER

NOTE: THIS IS A SAMPLE DOCUMENT ONLY. PLEASE FOLLOW THIS FORMAT AND THE INSTRUCTIONS IN PARENTHESES ( ) WHEN DRAFTING YOUR OWN PETITION. PLEASE BE SURE TO HAVE THE NOTARY PUBLIC INCLUDE A COMPLETE ACKNOWLEDGMENT OF THE SIGNATURES ON THE PETITION, INCLUDING AN ACKNOWLEDGMENT STATEMENT SUCH AS THAT ON PAGE 2 AND HIS/HER STAMP AND SIGNATURE. IF THE SIGNATURES ARE ACKNOWLEDGED SEPARATELY, EACH ACKNOWLEDGMENT MUST INCLUDE THE STATEMENT, STAMP AND SIGNATURE.

[This document in MS Word format pdf file [41K] ]

TO THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK:

We, the undersigned, all being persons of not less than eighteen years of age, desiring to form a corporation under the Education Law, do hereby apply to the Regents of the University of the State of New York for a provisional charter to be granted pursuant to the provisions of section 216 of such law, and do make, sign, and acknowledge the following statement:

First: The name of the proposed corporation is (insert corporate name).

Second: The purpose for which such a corporation is formed is to operate a (public/association) library to serve the residents of the (name of municipality or district) in (name of county) County.

Third: The proposed corporation is to be a nonstock corporation organized and operated exclusively for educational purposes, and no part of the net earnings of the corporation shall inure to the benefit of any individual; and no officer, member, or employee of the corporation shall receive or be entitled to receive any pecuniary profit from the operations thereof, except reasonable remuneration for services.

Fourth: The institution to be maintained by the proposed corporation is to be located at (physical location/street address, city), New York. The mailing address is (insert mailing address, city, New York and zip code).

Fifth: The number of trustees is to be not less than (insert number) nor more than (insert number).

Sixth: The names and post office addresses of the first trustees are as follows:

(List names in full, including any middle initial; use a married woman's first name rather than that of her husband. Include each trustee's home mailing address; include city, state and zip code)

Seventh: The Commissioner of Education is designated as the representative of the corporation upon whom process in any action against it may be served.

Eighth: Notwithstanding any other provision of these articles the a corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from Federal Income tax under section 501(c) 3 of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law).

Ninth: No substantial part of the activities of the corporation shall be devoted to carrying on propaganda or otherwise attempting to influence legislation, (except to the extent authorized by Internal Revenue Code 501(h) as amended, or the corresponding provision of any future United States Internal Revenue Law, during any fiscal year or years in which the corporation has chosen to utilize the benefits authorized by statutory provision) and the corporation shall not participate in or intervene (including the publishing or distribution of statements) in any political campaign on behalf of, or in opposition to, any candidate for public office.

Tenth: Upon dissolution of the corporation, the board of trustees shall, after paying or making provision for payment of all the liabilities of the corporation, dispose of the remaining assets of the corporation exclusively for one or more exempt purposes, within the meaning of section 501 (c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future Federal tax code), or shall distribute the same to the Federal government, or to a state or local government, for a public purpose. Any such assets not so disposed of shall be disposed of by order of the Supreme Court of the State of New York in the judicial district where the principal office of the corporation is then located, exclusively for such purposes or of such organization or organizations, organized and operated exclusively for such purposes, as said Court shall determine.

In witness whereof, we have made, signed, and acknowledged this application on this ______ day of ____________, 20__.

(Signature of each trustee)
(Typed name of trustee)

STATE OF NEW YORK)

ss.

COUNTY OF )

On this ______ day of ____________, 20__, before me personally came (insert names of all applicants who signed the petition) to me known to be the persons described in and who executed the foregoing application, and they severally duly acknowledged to me that they executed the same.

(Typed name, stamp and signature of notary public)

Last Updated: August 28, 2009