New York-Restricted or Prohibited Words, Phrases and Required Consent

What are the prohibited words in New York to register a company and need consent?

The use of the following words and phrases are restricted or prohibited by statute* in the name of a Business Corporation (“BC”), Not-for Profit Corporation (“N-PC”), Limited Liability Company (“LLC”) and/or Limited Partnership (“LP”):

* Unless otherwise specified in the chart, the use of any abbreviation or derivative of the word or phrase is subject to the same restriction or prohibition.

1. The word “doctor” can be used by:

1. a BC or LLC, if used in a context which clearly denotes a purpose other than the practice of medicine (NB: there is no provision allowing a N-PC to use the word “doctor” in its name, even if the context clearly denotes a purpose other than the practice of medicine; however, certain N-PC’s can use the word “doctor” [see #3, #4 and #5 below]); or
2. a PC whose shareholders are composed exclusively of doctors (NB: there is no provision allowing a medical PLLC to use the word “doctor”in its name); or
3. a N-PC whose membership is composed exclusively of doctors, or
4. a university faculty practice corporation formed under Article 14 of the N-PCL, or
5. a N-PC that is a foundation organized for the sole purpose of publishing the literary works of a deceased person, provided that the word “doctor” or any abbreviation or derivative thereof is used in the N-PC’s name to identify the person whose works are to be published (see N-PCL §301(a)(9).)

2. The word “lawyer” can be used by:

1. a BC or LLC, if used in a context which clearly denotes a purpose other than the practice of law (NB: there is no provision allowing a N-PC to use the word “lawyer” in its name, even if the context clearly denotes a purpose other than the practice of law; however, certain N-PC’s can use the word “lawyer” [see #3 below]); or
2. a PC whose shareholders are composed exclusively of lawyers (NB: there is no provision allowing a legal PLLC to use the word “lawyer”in its name); or
3. a N-PC whose membership is composed exclusively of lawyers.

3. For BC’s: union, council, industrial organization, or labor cannot be used in a context which indicates or implies that the corporation is formed or authorized as an organization of working men or women or wage earners, or for the performance, rendition or sale of services as labor or management consultant, adviser or specialist, or as negotiator or arbitrator in labor-management disputes, unless approval of Industrial Board of Appeals is annexed.

4. For N-PC’s: union, council, industrial organization, or labor cannot be used in a context that indicates or implies that the corporation is formed as an 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, unless approval of Industrial Board of Appeals is annexed.

5. Education Law §224(1)(a) provides that “No individual, association, partnership or corporation not holding university, college or other degree conferring powers by special charter from the legislature of this state or from the regents, shall confer any degree or use, advertise or transact business under the name university or college, or any name, title or descriptive material indicating or tending to imply that said individual, association, partnership or corporation conducts, carries on, or is a school of law, medicine, dentistry, pharmacy, veterinary medicine, nursing, optometry, podiatry, architecture or engineering, unless the right to do so shall have been granted by the regents in writing under their seal.”