A 8742: 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.

  
  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.