terminate and become void and shall be surrendered to the Regents. No such provisional charter shall give power to confer No power to confer degrees degrees. Unless on § 29 Change of name or charter. The Regents may, at any time, for sufficient cause, by an instrument under their seal and recorded in their office, change the name, or alter, suspend or revoke the charter or incorporation of any institution which they might incorporate under $27, if subject to their visitation or chartered or incorporated by the Regents or under a general law; provided, that unless on unanimous request of the trustees of the institution, no name shall be changed and no charter shall be quest of trus- altered, nor shall any rights or privileges thereunder be susnotice of pro- pended or repealed by the Regents, till they have mailed to the posed changes usual address of every trustee of the institution concerned at least 30 days' notice of a hearing when any objections to the proposed change will be considered, and till ordered by vote at a meeting of the Regents for which the notices have specified that action is to be taken on the proposed change. [As amended by laws of 1895, ch.859, §3] unanimous re tees, 30 days' must be given Regents may dissolve educational corporations May issue new charter For change of name by court, see Code of civil procedure, §2411-18. § 30 Dissolution and rechartering. Under like restrictions the Regents may dissolve any such educational corporation, whether with or without a capital stock, and whether incorporated by the Regents or under a general or by a special law, and make such disposition of the property of such corporation remaining after payment of its debts and liabilities as the Regents shall deem just and equitable and best promoting public interests. The Regents may also, after a similar hearing, issue to any such educational corporation a new charter which shall take the place in all respects of that under which it has been operating. In the case of any corporation whose dissolution is contemplated or has been decreed by the Regents, upon their application and nomination the court shall, and upon the application of the trustees of such corporation, with notice to the Regents, the court, in its discretion, may, appoint a receiver of the property and liquidate the business affairs of the corporation under the provisions, so far as applicable, of title 2 of chapter 15 of the code of civil procedure; and all property of the corporation, or proceeds thereof, that shall remain after payment, under such liquidation, of its debts and liabilities, shall be paid and transferred to the Regents and be subject to their disposition the same as if they had directly conducted such liquidation. [As amended by laws of 1903, ch.289, §1] For procedure for dissolution of incorporated academies having capital stock, see L. 1889, ch.25. For certain educational corporations excepted from code provisions for dissolution, see Code of civil procedure, and L. 1901, ch.57, $3. For library corporations conveying property to New York Public Library, see L. 1901, ch.57, §3. surrendered toration § 31 Suspension of operations. If any institution in the Univer- Charter to be sity shall discontinue its educational operations without cause subject to res satisfactory to the Regents, it shall surrender its charter to them, subject, however, to restoration whenever arrangements satisfactory to the Regents are made for resuming its work. degree-con § 32 Conditions of incorporation. No institution shall be given $500,000 for power to confer degrees in this state unless it shall have resources ferring powers of at least $500,000; and no institution for higher education shall be incorporated within suitable provision, approved by the Regents, for buildings, furniture, educational equipment and proper Limit on lomaintenance. No institution shall institute or have any faculty grees cation and de tion or exten tional powers or department of higher education in any place or be given power to confer any degree not specifically authorized by its charter; No incorporaand no institution of higher education shall be incorporated under sion of educa the provisions of any general act authorizing the formation of under general a corporation without grant of a special charter on individual application, and no corporation shall, under authority of any general act, extend its business to include establishing or carrying on any such institution. act degrees college or uni See also State Constitution, art.8; L. 1895, ch.559, art.2, §30. $33 Prohibitions. No individual, association or corporation not Conferring holding university or college degree-conferring powers by special charter from the Legislature of this state or from the Regents, shall confer any degrees, nor after Jan. 1, 1893, shall transact business under, or in any way assume the name university or col- Use of name, lege, till it shall have received from the Regents, under their seal, versity written permission to use such name, and no such permission shall be granted by the Regents, except on favorable report after personal inspection of the institution by an officer of the University. No person shall buy, sell or fraudulently or illegally make or alter, Buying, sellgive, issue or obtain any diploma, certificate or other instrument pering with purporting to confer any literary, scientific, professional or other credentials degree, or to constitute any license, or to certify to the completion in whole or in part of any course of study in any university, college, academy or other educational institution. No diploma Diplomas and or degree shall be conferred in this state except by a regularly organized institution of learning registered by the Regents as not ing or tam degrees False claims or altering credentials a felony violating any requirement of law or of the University ordinances, nor shall any person with intent to deceive, falsely represent himself to have received any such degree or credential, nor shall any person append to his name any letters in the same form registered by the Regents as entitled to the protection accorded to university degrees, unless he shall have received from a duly authorized Counterfeiting institution the degree for which the letters are registered. Counterfeiting, or falsely or without authority making or altering in a material respect any such credential issued under seal shall be False person a felony, and personating another by attempting to take an examination in his name or procuring any person thus falsely to personate another, or otherwise attempting to secure the record of having passed such examination in violation of the University ordinances, or any other violation of this section shall be a misdemeanor; and any person who aids or abets another, or advertises or offers himself to violate the provisions of this section, shall be liable to the same penalties. [As amended by laws of 1895, ch.859, §4] ation a misdemeanor Trustees 5 to 25 Reducing number Majority a quorum Not less than 7 Powers Regular and special meetings Seniority as elected § 34 Powers of trustees of institutions in the University. The trustees of every corporation created for educational purposes and subject to visitation by the Regents, unless otherwise provided by law or by its charter, may: I Number and quorum. Fix the number of trustees which shall not exceed 25, nor be less than five. If any institution has more than five trustees, the body that elects, by a two thirds vote after notice of the proposed action in the call for a meeting, may reduce the number to not less than five by abolishing the office of any trustee which is vacant and filing in the Regents office a certified copy of the action. A majority of the whole number shall be a quorum. 2 Executive committee. Elect an executive committee of not less than seven, who, in intervals between meetings of the trustees, may transact such business of the corporation as the trustees may authorize, except to grant degrees or to make removals from office. 3 Meetings and seniority. Meet on their own adjournment or when required by their bylaws, and as often as they shall be summoned by their chairman, or in his absence by the senior trustee, on written request of three trustees. Seniority shall be according to the order in which the trustees are named in the charter or subsequently elected. Notice of the time and place of every meeting shall be mailed not less than five nor more than 10 days 5 to 10 days' before the meeting to the usual address of every trustee. notice of meetings fill vacancies sences make 4 Vacancies and elections. Fill any vacancy occurring in the Trustees may office of any trustee by electing another for the unexpired term. The office of any trustee shall become vacant on his death, resignation, refusal to act, removal from office, expiration of his term, or any other cause specified in the charter. If any trustee shall Three abfail to attend three consecutive meetings without written excuse vacancy accepted as satisfactory by the trustees not later than the third consecutive meeting from which he has been absent, he shall be deemed to have resigned, and the vacancy shall be filled. Any vacancy in the office of trustee continuing for more than one year, Regents may or any vacancy reducing the number of trustees to less than two cancies thirds of the full number may be filled by the Regents. No person women eligishall be ineligible as a trustee by reason of sex. fill certain va ble authorize erty beyond 5 Property holding. Take and hold by gift, grant, devise or Regents may bequests in their own right or in trust for any purpose comprised holding propin the objects of the corporation, such additional real and per- charter limit sonal property beyond such as shall be authorized by their charter or by special or general statute, as the Regents shall authorize within one year after the delivery of the instrument or probate of the will, giving, granting, devising or bequeathing such property and such authority given by the Regents shall make any such gift, grant, devise or bequest operative and valid in law. Any grant, devise or bequest made for the benefit of any institution Bequests and in or registered by the University shall be equally valid whether whether in made in the corporate name or to the trustees of the corporation and the powers given to the trustees by this §34 shall be construed to be the powers of the corporation exercised through its trustees. [As amended by laws of 1901, ch.592] For enlargement of limitations on amount of property that membership educational corporations may hold, see p.32, General corporation law, 1892, $12; L. 1889, ch.191. For property holding generally, see General corporation law, 1892, §10-14. grants valid corporate name or to trustees exclusive con erty. May etc. 6 Control of property. Buy, sell, mortgage, let and otherwise Trustees have use and dispose of its property as they shall deem for the best trol of propinterests of the institution; and also to lend or deposit, or to receivelend, deposit as a gift, or on loan or deposit, literary, scientific or other articles, collections, or property pertaining to their work; and such gifts, loans or deposits may be made to or with the University or any of its institutions by any person, or by legal vote of any board of trustees, corporation, association or school district, and any such transfer of property, if approved by the Regents, shall during its continuance, transfer responsibility therefor to the institution receiving it, which shall also be entitled to receive any money, books or other property from the state or other sources to which said corporation, association or district would have been entitled but for such transfer. Incorporated college may maintain waterworks system, p.41-43, L. 1895, ch.630. 7 Officers and employees. Appoint and fix the salaries of such officers and employees as they shall deem necessary, who, unless employed under special contract, shall hold their offices during the pleasure of the trustees; but no trustee shall receive compensation as such. 8 Removals and suspensions. Remove or suspend from office by vote of a majority of the entire board any trustee, officer or employee engaged under special contract, on examination and due proof of the truth of a written complaint by any trustee, of misconduct, incapacity or neglect of duty; provided that at least one week's previous notice of the proposed action shall have been given to the accused and to each trustee. 9 Degrees and credentials. Grant such degrees and honors as are specifically authorized by their charter, and in testimony thereof give suitable certificates and diplomas under their seal; and every certificate and diploma so granted shall entitle the conferee to all privileges and immunities which by usage or statute are allowed for similar diplomas of corresponding grade granted by any institution of learning. 10 Rules. Make all bylaws, ordinances and rules necessary and proper for the purposes of the institution and not inconsistent with law or any ordinance or rule of the University; but no ordinance or rule by which more than a majority vote shall be required for any specified action by the trustees shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. For power to make bylaws, see General corporation law, 1892, §11, 29. $35 Public and free libraries and museums. All provisions of $35 to 51 shall apply equally to libraries, museums, and to combined libraries and museums, and the word library shall be construed to include reference and circulating libraries and reading rooms. See also General municipal law, 1892, §24. |