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A08742 Summary:

BILL NOA08742
 
SAME ASNo Same As
 
SPONSORLunsford
 
COSPNSR
 
MLTSPNSR
 
Amd §301, BC L; amd §204, Lim Lil L; amd §121-102, Partn L; add §§172-a & 191-a, Transp L
 
Relates to the use of assumed and corporate names by companies in the business of household goods moving; provides that companies may not use the words "mover", "moving", or "relocation service" or any abbreviation or derivative thereof unless approved by the commissioner of transportation.
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A08742 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8742
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2025
                                       ___________
 
        Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
 
        AN  ACT  to  amend  the  business corporation law, the limited liability
          company law, the  partnership  law  and  the  transportation  law,  in
          relation  to  the  use  of  assumed  and corporate names pertaining to
          household goods moving
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a) of section 301 of the business corporation
     2  law is amended by adding a new subparagraph 12 to read as follows:
     3    (12) Shall not, unless the applicant is subject to the approval of the
     4  commissioner of transportation and attaches such approval to the certif-
     5  icate of incorporation, or application for authority or amendment there-
     6  of, contain the words "mover," "moving," or "relocation service" or  any
     7  abbreviation or derivative thereof. Such consent shall not be granted by
     8  the  commissioner  of transportation if, in such commissioner's opinion,
     9  the use of the terms in the corporate  name  is  likely  to  mislead  or
    10  confuse  the  public into believing that the corporation holds a certif-
    11  icate issued pursuant to section one hundred seventy-two or one  hundred
    12  ninety-one of the transportation law.
    13    §  2.  Subdivisions  (g),  (h)  and  (i) of section 204 of the limited
    14  liability company law, subdivision (i) as added by chapter  316  of  the
    15  laws  of 2005, are amended and a new subdivision (j) is added to read as
    16  follows:
    17    (g) shall not, unless the approval of the state department  of  social
    18  services  is attached to the articles of organization or application for
    19  authority, contain the word  "blind"  or  "handicapped."  Such  approval
    20  shall  be  granted  by the state department of social services if in its
    21  opinion the word "blind" or "handicapped" as used in the limited liabil-
    22  ity company's proposed name will not tend  to  mislead  or  confuse  the
    23  public  into  believing  that the limited liability company is organized
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13166-01-5

        A. 8742                             2
 
     1  for charitable or nonprofit purposes related to the blind or  the  hand-
     2  icapped; [and]
     3    (h) shall not, unless the approval of the attorney general is attached
     4  to  the  articles  of organization or application for authority, contain
     5  the word "exchange" or any  abbreviation  or  derivative  thereof.  Such
     6  approval shall not be granted by the attorney general if in [his or her]
     7  the  attorney  general's  opinion  the use of the word "exchange" in the
     8  limited liability company's proposed name would falsely imply  that  the
     9  limited  liability  company conducts its business at a place where trade
    10  is carried on in  securities  or  commodities  by  brokers,  dealers  or
    11  merchants[.];
    12    (i)  shall  not  contain  the  following terms: "school," "education,"
    13  "elementary,"    "secondary,"     "kindergarten,"     "prekindergarten,"
    14  "preschool,"   "nursery   school,"  "museum,"  "history,"  "historical,"
    15  "historical society," "arboretum," "library," "college," "university" or
    16  other term restricted by section two hundred twenty-four of  the  educa-
    17  tion  law; "conservatory," "academy," or "institute" or any abbreviation
    18  or derivative of such terms, shall  have  endorsed  thereon  or  annexed
    19  thereto the consent of the commissioner of education[.]; and
    20    (j)  shall  not,  unless  the  applicant is subject to approval of the
    21  commissioner of transportation and attaches such approval to  the  arti-
    22  cles of organization, or application for authority or amendment thereof,
    23  contain  any  of the words "mover," "moving," or "relocation service" or
    24  any abbreviation or derivative thereof. Such consent shall not be grant-
    25  ed by the commissioner of transportation if, in the commissioner's opin-
    26  ion, the use of the terms in the limited  liability  company's  proposed
    27  name  is likely to mislead or confuse the public into believing that the
    28  limited liability company holds a certificate issued pursuant to section
    29  one hundred seventy-two or one hundred ninety-one of the  transportation
    30  law.
    31    § 3. Paragraph 3 of subdivision (a) of section 121-102 of the partner-
    32  ship law is amended by adding a new subparagraph (E) to read as follows:
    33    (E)  shall  not,  unless  the  applicant is subject to approval of the
    34  commissioner of transportation and attaches such approval to the certif-
    35  icate of limited partnership or application for authority  or  amendment
    36  thereof,  contain  any  of  the  words "mover," "moving," or "relocation
    37  service" or any abbreviation or derivative thereof. Such  consent  shall
    38  not  be granted by the commissioner of transportation if, in the commis-
    39  sioner's opinion, the use of the  terms  in  the  limited  partnership's
    40  proposed  name is likely to mislead or confuse the public into believing
    41  that the limited partnership holds  a  certificate  issued  pursuant  to
    42  section  one hundred seventy-two or one hundred ninety-one of the trans-
    43  portation law.
    44    § 4. The transportation law is amended by adding a new  section  172-a
    45  to read as follows:
    46    §  172-a.  Name  requirements.  No individual, partnership, company or
    47  corporation shall knowingly use, advertise or  transact  business  under
    48  the names "mover," "moving," or "relocation service" or any name, title,
    49  or  descriptive  material indicating or tending to imply that such indi-
    50  vidual,  association,  partnership,  company  or  corporation  conducts,
    51  carries  on,  or is such a business when it is not authorized to operate
    52  as such, unless the right to do so has been granted by the  commissioner
    53  pursuant  to  section  one  hundred  seventy-two  of  this  article. Any
    54  violation of this section shall have a civil penalty of up to ten  thou-
    55  sand  dollars.   Notwithstanding any other provision of this section, an
    56  individual, partnership, company or corporation doing business under any

        A. 8742                             3
 
     1  of such names on the effective  date  of  this  section  may  come  into
     2  compliance  with  this  section  by obtaining a valid certificate issued
     3  pursuant to section one hundred seventy-two of this article  within  one
     4  year from the effective date of this section.
     5    §  5.  The transportation law is amended by adding a new section 191-a
     6  to read as follows:
     7    § 191-a. Name requirements. No  individual,  partnership,  company  or
     8  corporation  shall  knowingly  use, advertise or transact business under
     9  the names "mover," "moving," or "relocation service" or any name, title,
    10  or descriptive material indicating or tending to imply that  such  indi-
    11  vidual,  association,  partnership,  company  or  corporation  conducts,
    12  carries on, or is such a business when it is not authorized  to  operate
    13  as  such, unless the right to do so has been granted by the commissioner
    14  pursuant  to  section  one  hundred  ninety-one  of  this  article.  Any
    15  violation  of this section shall be subject to section one hundred nine-
    16  ty-eight-a of this article and shall have a civil penalty of up  to  ten
    17  thousand  dollars.  Notwithstanding any other provision of this section,
    18  an individual, partnership, company or corporation doing business  under
    19  any  of  such  names on the effective date of this section may come into
    20  compliance with this section by obtaining  a  valid  certificate  issued
    21  pursuant  to  section  one hundred ninety-one of this article within one
    22  year from the effective date of this section.
    23    § 6. This act shall take effect on the thirtieth day  after  it  shall
    24  have become a law.
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