ON FORMING A CHAMBER OF COMMERCE IN NEW YORK

Recently, it had been a struggle for myself and one of the corporate service to create a  chamber of commerce pursuant to Section 1410 of the Not-for-Profit Corporation Law.

"Chamber of Commerce" is a prohibited term when used to create in the name of a Business Corporation (“BC”), Limited Liability Company (“LLC”) and/or Limited Partnership (“LP”). See https://www.dos.ny.gov/corps/restricted_words.html  But it is not prohibited or otherwise restricted in the name of a corporation created as a Not-for Profit Corporation (“N-PC”), . Some corporate services as well as staff at the Department of State, Division of Corporations are not aware of this due, in part, to a quick reading of the above link of restricted terms. Below is the email that confirmed this:


"-----Original Message-----
From: dos.sm.Corp.InetCorp
Sent: Friday, December 27, 2019 9:59 AM
To: jmp@jmpattorney.com
Subject: RE: NFP Name Prohibition



A chamber of commerce may be formed pursuant to Section 1410 of the Not-for-Profit Corporation Law.  "Chamber of Commerce" is not prohibited or otherwise restricted in the name of the corporation.



-----Original Message-----

From: Jon Probstein <jmp@jmpattorney.com>

Sent: Monday, December 16, 2019 2:35 PM

To: dos.dl.InetCorporations <dos.dl.InetCorporations@dos.ny.gov>

Subject: NFP Name Prohibition



Hello:



I am attempting to form a NFP Corp using the phrase "Chamber of Commerce". According to the divisions website, chamber of commerce is not prohibited for N-PC (see https://www.dos.ny.gov/corps/restricted_words.html). Please confirm this because my XXXX service will not file unless I have a statement from your office that this is not prohibited for a NFP."