The New York State Education Department (“SED”) Office of the Professions (“OP”) is alerting everyone to a vishing scam that has been brought to our attention. Phishing—or “vishing”—scams impersonate SED employees or websites attempting to collect licensure and personal information from the licensee. If you receive an inquiry which you believe to be suspicious do not provide any information. To verify if the inquiry was from OP, contact OP directly using the following contact information. You may report suspicious calls or emails to the Federal Trade Commission.
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Tips to Avoid Unnecessary Processing Delays

  1. All Education Department related fees should be made payable to the New York State Education Department. Do not send fees made payable to the Department of State.

  2. Submitting an explanation of a proposed entity name does not guarantee that the name will be approved. The Office of the Professions will review the explanation to determine acceptability.
     
  3. Entities practicing Professional Engineering, Land Surveying and/ or Geology must submit a Certificate of Authorization application along with a fee of $125 when submitting the Certified Copy to the Office of the Professions.
     
  4. All CPA firms must submit the CPA form 6R and associated fee when submitting the Certified Copy to the Office of the Professions.
     
  5. Your application will be rejected if your entity name does not contain the profession being practiced. Regulations of the Commissioner of Education, Part 59, Section 59.10(c)(1).
     
  6. Your application will be rejected if your entity includes only one member as an owner and your entity name includes plural terms such as group, associates, physicians, etc. ( Business Corporation Law, Article 15; Regulations of the Commissioner of Education, Part 59, Section 59.10; Board of Regents Rule 29.1).
     
  7. Your application will be rejected if you do not submit an explanation for words used in your entity name that are: initials, foreign words, surnames, abbreviations or words not commonly used in connection with the profession(s) being practiced (Business Corporation Law, Article 15; Regulations of the Commissioner of Education, Part 59, Section 59.10; Board of Regents Rule 29.1).
     
  8. Your application will be rejected if the signature on your application does not match the name on your professional license (Business Corporation Law, Article 15).
     
  9. Your application will be rejected if the names of the members of your entity do not match the name on their professional licenses (Business Corporation Law, Article 15; Regulations of the Commissioner of Education, Part 59, Section 59.10).
     
  10. Your application will be rejected if you do not include periods after the corporate designations P.C. or D.P.C. anywhere in the application that this designation is used (Business Corporation Law, Article 15).
     
  11. Your application will be rejected if you use the M.D. designation anywhere in your application papers, including the name of the entity, unless you provide proof that you have in fact received that degree (Education Law, Title 8, Article 131, Section 6529; Board of Regents Rule 29.1).
     
  12. Your application will be rejected if you do not state the appropriate purpose of your entity. The purpose must match the professional title as used in Title VIII of the Education Law and Board of Regents Rule 29.1. (Business Corporation Law, Article 15).
     
  13. Your professional corporation application will be rejected if the owner of the entity did not sign the application for authority unless an affidavit giving permission for another to sign the application is submitted with the application (Business Corporation Law, Article 15; Regulations of the Commissioner of Education, Part 59, Section 59.10).
     
  14. Your application will be rejected if the name of the entity includes a term that does not meet the requirements set forth in New York State Education Law, Chapter 316 of the Laws of 2005.
     
  15. Your application will be rejected if the following terms are used in the name of the entity:
    Misleading Words That Are Not Allowed in the Name of an Entity
    Cure
    Healing
    International
    Management Co.
    National
    Network
    Partners
    Spa
    Solution
    *Center
    *Clinic
    *Hospital

    *as per Article 28 of the Public Health Law
    *Exception for the use in the profession of Veterinary Medicine

    Please note: This list is not all inclusive, contact the Professional Corporations Unit with questions                   
  16. Your application will be rejected if the name includes terms that fall under Article 28 of the Public Health Law.
     
  17. Your application will be rejected if the name includes terms that indicate professional superiority (Board of Regents Rule 29.1).

    Claims of Superiority Not Allowed in the Name of an Entity
    Advanced
    Best
    Exceptional
    Expert
    Outstanding
    Premier
    Special
    Super
    Ultimate

    Please note: This list is not all inclusive, contact the Professional Corporations Unit with questions     
  18. Your application will be rejected if you are a physician currently working with a limited license and there is no duration clause, a clause stating the entity will dissolve no later than the date of the limited license, in the submitted document.
     
  19. Your application will be rejected if you use a specialty area in the name but you do not submit board certification documentation in that specialty area. This applies to the professions of physical therapy, dentistry, medicine and veterinary medicine. (Regulations of the Commissioner of Education, Part 59, Section 59.10).
     
  20. Please be aware that assumed names and dbas must still meet the same naming requirements as original names.
     
  21. Your entity will not be listed on the Office of Professions website until you submit a certified copy of your filing from the New York Department of State to the New York State Education Department, Office of the Professions, Professional Corporation Unit (Business Corporation Law, Article 15).
     
  22. Your application will be rejected if there is a reasonable belief that there is an affiliation with another separate and distinct entity and if the name of the proposed entity reasonably implies such affiliation, this includes using the initials of another company as the name of the proposed entity (Board of Regents Rule 29.1).
     
  23. Veterinary entities using the words hospital, center or clinic must submit a statement with their application that the facility will have pens, cages and personnel to adequately accommodate the animals.
     
  24. A PC that becomes a DPC can obtain the required tax clearance document from the NYS Department of Taxation and Finance by contacting the Call Center at (518) 485-6027.
     
  25. Please be aware that listing your business address in the paragraph which designates the Secretary of State as agent of the professional corporation upon whom process against it may be served, may help to assure that you receive all future correspondence from our department in a timely manner. In addition, please be aware that the business address will be available to the public.
     
  26. Your application will be rejected if you list a business address for all individuals who are to be the shareholders, officers, and directors of a professional corporation in the Certificate of Incorporation. The Business Corporation Law requires that you list a residence address. (Business Corporation Law Article 15, § 1503(b))
     
  27. Your application will be rejected if you list a business address for all individuals who are to original member/managers of a professional limited liability company in the Articles of Organization. The Limited Liability Law requires that you list the residence address. (Limited Liability Law § 1203(b))