THE INDUSTRIAL BOARD OF APPEALS

RULES OF PROCEDURE AND PRACTICE

Title 12 of the New York State Official Compilation of Codes Rules and Regulations, Chapter 1, Subchapter B, Part 67.

PART 67

PROCEEDING FOR APPROVAL OF CERTAIN CORPORATE DOCUMENTS

Section § 67.1 Application.

§ 67.2 Applications; how and where made.

    (a)                Every application for approval of a corporate document shall be made by submitting to the board at its Albany office:

      (1)            a letter requesting approval;

      (2)               the original and one conformed copy of all of the duly executed documents which are required to be filed in the Office of the Secretary of State of the State of New York;

      (3)               notification from the Office of the Secretary of State that the proposed name is available, or the letter of a licensed attorney stating that name availability has been verified by a search of the records of the Secretary of State, except if the document refers to an existing New York corporation and does not involve a change of name; and

      (4)               such other materials and data pertinent to the application.

    (b)               If an individual, trade or corporate name or a part thereof forms a part of a proposed corporate title, the applicant shall also file a consent to the use of such corporate title. If the incorporation is of an existing unincorporated group or association, the applicant must also file or attach to the document the affidavit required by section 402(b), Not-for-Profit Corporation Law.

§ 67.3 Evidence at hearings in support of applications for approval of certificates of incorporation or authority to do business in this State.

    Such persons as the board may indicate in its notice of hearing must appear and must be prepared to show, by competent and reliable evidence:

    (a)                that the purposes set forth in the proposed corporate document are in fact the real aims of the subscribers to the instrument;

    (b)               a description of the proposed structure and internal management of the corporate entity;

    (c)                if the proposed corporation is to function as a labor union or if it is likely to affect the activities of existing labor unions, a sufficient description of the labor-management conditions and relations in the industry in which the proposed corporate organization is to operate; its intended scope of activities; its geographical area; and the impact which its operations will or are likely to have on existing labor-management relations in the field in which it seeks to operate;

    (d)               such other matters, if any, as may tend to establish that the granting of the board's approval is consistent with public policy and the Labor Law.

§ 67.4 Intervention, objections; how raised; evidence thereon.

                   Any person or party affected or likely to be affected by an application for approval of a corporate document may appear and be heard in support or in opposition thereto. The board may, in its discretion, direct objections to be filed in writing and adjourn the proceeding to allow all parties a reasonable opportunity to submit evidence thereon.

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