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S 9319

Relates to the use of assumed and corporate names pertaining to household goods moving

2025 Regular Session Introduced by Joe Addabbo and 1 co-sponsor

The bill requires official approval to use “mover,” “moving,” or “relocation service” in business names, preventing misleading affiliations with transport services.

ADVANCED TO THIRD READING
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Bill Summary · S 9319

Summary of Bill S 9319 (2025-2026) – New York

Purpose and main intent

S 9319 aims to regulate the use of certain terms in business names (specifically “mover,” “moving,” or “relocation service”) across several business structures (corporations, limited liability companies, partnerships) and to require official approval before these terms can be used in name or branding. The bill seeks to prevent misleading impressions that a business is authorized to operate as a transportation-related or moving service when that is not the case.

Key provisions and changes

  • Corporations (Business Corporation Law, §301-a):

    • A new subparagraph prohibits a corporation from including “mover,” “moving,” “relocation service,” or derivatives in its name unless the applicant has approval from the Commissioner of Transportation.
    • Such approval must be attached to the certificate of incorporation or to an amended/authorized filing.
    • The Commissioner of Transportation may deny approval if the term would likely mislead the public into thinking the corporation holds a transportation-related certificate under the Transportation Law.

  • Limited Liability Companies (LLC Law, §204):

    • Adds new restrictions and conditions for LLC names:
    • (g) Names containing “blind/handicapped” require approval from the State Department of Social Services.
    • (h) Names containing “exchange” require approval from the Attorney General to avoid implying affiliation with securities/commodities trading.
    • (i) Names with certain education-related terms (e.g., “school,” “university,” “museum,” etc.) require consent from the Commissioner of Education.
    • (j) Reaffirms the moving-related term prohibition, conditioned on Transportation Department approval similar to corporations.

  • Partnership Law (Partnership Law, §121-102(a)(3)(E)):

    • Mirrors the moving-term restriction for partnerships, requiring Transportation Department approval when using “mover,” “moving,” or “relocation service,” to avoid implying improper authority or certification.

  • New Transportation Law provisions:

    • Section 172-a – Name Requirements (new):
    • Prohibits use or advertising of “mover,” “moving,” or “relocation service” unless authorized by the Transportation Commissioner (certificate issued under Transportation Law sections 172 or 191).
    • Violations carry civil penalties up to $10,000. A transitional provision allows existing businesses using these names to come into compliance within one year by obtaining the proper certificate.
    • Section 191-a – Name Requirements (new):
    • Similar prohibition and penalties to Section 172-a but aligned with the Transportation Law’s provisions for other entity types. Also provides a one-year window to obtain the necessary certificate to achieve compliance.

Who would be affected

  • Businesses across corporate, LLC, and partnership forms that currently use or plan to use names containing “mover,” “moving,” or “relocation service.”
  • Entities attempting to use other protected or potentially misleading terms (e.g., “blind/handicapped,” “exchange,” education-related terms) could be affected if their proposed names trigger required approvals.
  • State agencies (Transportation, Education, Attorney General, Social Services) whose approvals govern name usage in specific contexts.

Procedural and timeline aspects

  • Effective date: The act takes effect 30 days after becoming law.
  • Transitional compliance: Entities currently using discouraged terms may achieve compliance within one year by obtaining the mandated certificates.
  • Civil penalties: Violations of the new transportation-related name restrictions carry penalties up to $10,000.

Practical impact

  • Strengthens consumer protection by reducing the chance that a business can mislead the public about its regulatory authority.
  • Increases regulatory review for name selection across multiple sectors, potentially delaying new business filings but providing clearer signals about permissible activities.

Compiled from official sources — confirm details with the bill’s official record.

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