NY Not for Profit Corp L § 804 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 8 - Amendments and Changes 804 - Approvals, Notices and Effect.

§ 804. Approvals, notices and effect.  (a) (i) A certificate of amendment shall not be filed if the amendment adds,  changes or eliminates a purpose, power or provision the inclusion of which in a certificate of incorporation requires consent or  approval of a governmental body or officer or any other person or body, or if the amendment  changes  the  name  of  a  corporation  whose  certificate of incorporation had such consent or approval endorsed thereon  or  annexed thereto,  unless  such  consent  or approval is no longer required or is endorsed on or annexed to the certificate of amendment. A certificate of amendment adding, changing or eliminating a purpose, power or  provision the  inclusion  of  which in a certificate of incorporation requires the incorporator to send such certificate to a governmental body or  officer or  any  other person or body, or if the amendment changes the name of a corporation whose  certificate  of  incorporation  was  required  to  be delivered  by  the incorporator to a governmental body or officer or any other person or body, shall be delivered by the person or entity  filing the  certificate  of  amendment  within  thirty  business days after the corporation receives confirmation from the department of state that  the certificate has been accepted for filing.  (ii)  Every certificate of amendment of a charitable corporation which seeks to change or eliminate  a  purpose  or  power  enumerated  in  the corporation's certificate of incorporation, or to add a power or purpose not  enumerated  therein, shall have endorsed thereon or annexed thereto the approval of either (A) the attorney general, or (B) a justice of the supreme court of the judicial  district  in  which  the  office  of  the corporation  is  located. At any time, including if the attorney general does not approve a certificate of amendment submitted pursuant to clause (A) of this subparagraph, or if  the  attorney  general  concludes  that court  review  is appropriate, the corporation may apply for approval of the amendment to a justice of the supreme court of the judicial district in which the office of the corporation is located. Any  application  for approval  of a certificate of amendment by the supreme court pursuant to this paragraph shall be on ten days'  written  notice  to  the  attorney general.  (b)  The department of state shall not file a certificate of amendment reviving the existence of a corporation unless the consent  or  approval of  a  governmental body or officer or any other person or body required to be endorsed on or annexed to the certificate of  incorporation  of  a corporation  formed  for  similar  purposes, is attached thereto, or, if notice to the attorney-general was required prior to the filing  of  its certificate  of  incorporation,  the  certificate  of  amendment  should indicate that such notice has been given as required by law.  (c) The department of state shall not file a certificate of  amendment reviving  the  existence of a corporation if the name of the corporation being revived is  not  available  under  section  301  (Corporate  name; general)  for use by a corporation then being formed under this chapter, unless the certificate of amendment shall change the name to  one  which is available for such use.  (d)  No  amendment or change shall affect any existing cause of action in favor of or against the corporation, or any pending suit to which  it shall  be a party, or the existing rights of persons other than members; and in the event the corporate name shall be changed, no suit brought by or against the corporation under its former name shall  abate  for  that reason.  (e)  Notwithstanding  any  law  to  the  contrary,  a  certificate  of amendment of a corporation  whose  statement  of  purposes  specifically includes  the  establishment or operation of a child day care center, as that term is defined in section  three  hundred  ninety  of  the  social  services  law, shall provide a certified copy of such certificate to the office of children and family services  within  thirty  days  after  the filing of such certificate with the department of state.