12 Pa.C.S. § 5507 — PA Code / Title 12 / Chapter 55 / Section 5507
Regulations and statements of policy.
Status: in_force

The Department of Banking and Securities and the Insurance Department may adopt statements of policy or regulations to implement this chapter and to provide guidance to financial institutions and insurers providing financial or insurance services to legitimate cannabis-related businesses and business associates of a legitimate cannabis-related business.
12 Pa.C.S. § 6327 — PA Code / Title 12 / Chapter 63 / Section 6327
Refinancing.
Status: in_force

(a) General rule.--Upon agreement in writing with the buyer, the holder of a closed-end credit agreement may refinance the payment of the unpaid time balance of the agreement by providing for a new schedule of installment payments.

(b) Charges.--

(1) The holder may contract for and collect the payment of a refinance charge by the buyer.

(2) A refinance charge shall be based on the amount refinanced and include the following:

(i) The additional cost of insurance and official fees incident to the refinancing.

(ii) The deduction of a refund credit in an amount equal to that to which the buyer would have been entitled under section 6313 (relating to prepayment of obligation) if the buyer had prepaid in full the obligations under the agreement.

(3) A refinance charge may not exceed the rate of finance charges under section 6345 (relating to finance charges).

(4) Subject to section 6342 (relating to insurance), an agreement may provide for payment of the additional cost of or premiums for continuing insurance coverage under the contract until the maturity of the contract.

(c) Contents of agreement.--The refinancing agreement shall set forth all of the following:

(1) The amount of the unpaid time balance to be refinanced.

(2) The amount of a refund credit.

(3) The amount to be refinanced after the deduction of the refund credit.

(4) The amount of the finance charge under the refinancing agreement.

(5) The additional cost of insurance and official fees to the buyer.

(6) The new unpaid time balance.

(7) The new schedule of installment payments.

(d) Consolidation of contracts.--If there is a consolidation of two or more agreements, the provisions of section 6329(a) and (b) (relating to add-on sales) apply. Cross References. Section 6327 is referred to in sections 6352, 6353 of this title.
12 Pa.C.S. § 5308 — PA Code / Title 12 / Chapter 53 / Section 5308
Effect on other law.
Status: in_force

(a) General rule.--Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret.

(b) Exceptions.--This chapter does not affect:

(1) contractual remedies, whether or not based upon misappropriation of a trade secret;

(2) other civil remedies that are not based upon misappropriation of a trade secret; or

(3) criminal remedies, whether or not based upon misappropriation of a trade secret.
12 Pa.C.S. § 6104 — PA Code / Title 12 / Chapter 61 / Section 6104
Electronic transactions.
Status: in_force

(a) Effect on other law.--Nothing in this part shall be construed to supersede the provisions of the act of December 16, 1999 (P.L.971, No.69), known as the Electronic Transactions Act.

(b) Department procedures.--The department may establish procedures for electronic transactions under this part, including:

(1) the filing of applications and renewals for licenses and registrations;

(2) the filing of reports and other required records; and

(3) the verification of records and signatures on forms.
12 Pa.C.S. § 6223 — PA Code / Title 12 / Chapter 62 / Section 6223
Notice.
Status: in_force

(a) Requirement.--An installment sale contract shall contain the notice under subsection (b), which shall be printed directly above the space provided for the signature of the buyer.

(b) Form.--

(1) Except as provided in paragraph (2), the notice shall be in the following form:

NOTICE TO BUYER: Do not sign this contract in blank. You are entitled to an exact copy of the contract you sign. Keep it to protect your legal rights. Any holder of this consumer credit contract is subject to all claims and defenses which the buyer could assert against the seller of goods or services obtained pursuant hereto or with the proceeds hereof. Recovery hereunder by the buyer shall not exceed amounts paid by the buyer hereunder.

(2) In the notice, the words "lessee" or "mortgagor" may be substituted for the word "buyer," and the words "lease" or "mortgage" may be substituted for the word

"contract." Cross References. Section 6223 is referred to in section 6222 of this title.
12 Pa.C.S. § 6331 — PA Code / Title 12 / Chapter 63 / Section 6331
Establishment.
Status: in_force

(a) Seller.--A seller may enter into an open-end credit agreement upon the request of a buyer or prospective buyer.

(b) Financing agency.--Subject to the other provisions of this chapter, a financing agency may enter into an open-end credit agreement on behalf of a seller from whom the financing agency may, with the buyer's consent, purchase or acquire the buyer's indebtedness, to be paid according to the agreement.
12 Pa.C.S. § 2106 — PA Code / Title 12 / Chapter 21 / Section 2106
Approval.
Status: in_force

The following shall apply:

(1) Upon being satisfied that all requirements have been met, the department may approve the application and award a grant.

(2) Prior to providing grant funds to the applicant, the department shall enter into a contract with the applicant. The contract shall include provisions requiring the applicant to use the grant to pay the costs of the project.

(3) The department may impose any other terms and conditions on the grants authorized by this chapter as the department determines is in the best interests of the Commonwealth, including a provision requiring collateral to secure repayment of any penalty imposed under the program.
12 Pa.C.S. § 5608 — PA Code / Title 12 / Chapter 56 / Section 5608
Advertisement of sale.
Status: in_force

(a) Publication.--Except as provided in subsection (c), after the expiration of the time stated in the notice and if the personal property has not otherwise been disposed of, the owner shall publish an advertisement of the sale:

(1) two times preceding the date of sale in a newspaper of general circulation that serves the area where the self-service storage facility is located; or

(2) one time preceding the date of sale in a newspaper of general circulation that serves the area where the self-service storage facility is located and on a publicly accessible Internet website that regularly advertises or conducts online sales of personal property.

(b) Contents.--The advertisement of sale shall include:

(1) A statement that the contents of the occupant's leased space will be sold to satisfy the owner's lien.

(2) The address of the self-service storage facility and the number or other description, if any, of the space where the personal property is located and the name of the occupant.

(3) The time, place and manner of sale.

(c) Posting of sale notice.--If there is no newspaper of general circulation where the self-service storage facility is located, the owner shall post a written advertisement containing all of the required information at least 10 days before the date of the sale in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.

(d) Time of sale.--The sale shall take place no sooner than 10 days after the first publication or posting.

(e) Redundant advertisement permitted.--

(1) If an owner is required to advertise in a newspaper of general circulation under subsection (a), the owner may publish a redundant advertisement on a publicly accessible Internet website that regularly advertises or conducts online sales of personal property. The redundant advertisement satisfies the requirement to advertise on a publicly accessible Internet website under subsection (a)(2).

(2) If the newspaper advertisement under subsection (a) fails to be timely published by the newspaper, the redundant advertisement under paragraph (1) shall be valid on the date that the advertisement is published on the publicly accessible Internet website that regularly advertises or conducts online sales of personal property.

(f) Proof of publication.--An owner that sells or otherwise disposes of personal property by a redundant advertisement under subsection (e) shall retain a copy of the advertisement provided to the newspaper and proof that the owner purchased the advertisement in a timely fashion. Proof shall consist of a receipt or any other similar communication showing the amount paid and the date of the purchase. The owner shall retain a copy of the advertisement and proof for one year following the date of the sale or other disposition.
12 Pa.C.S. § 3203 — PA Code / Title 12 / Chapter 32 / Section 3203
Procedure.
Status: in_force

(a) Application.--A taxpayer may apply to the department for a tax credit under this section. The application shall be on the form required by the department.

(b) Review and approval.--

(1) The department shall establish application periods not to exceed 10 days on a bimonthly basis. All applications received during an application period shall be reviewed and evaluated by the department based on the following criteria:

(i) The anticipated number of rehearsal days at a qualified rehearsal facility.

(ii) The anticipated number of concerts at class 1 venues.

(iii) The anticipated number of concerts at class 2 venues.

(iv) The anticipated number of concerts at class 3 venues.

(v) The anticipated amount of Pennsylvania rehearsal expenses in comparison to the anticipated aggregate amount of rehearsal expenses.

(vi) The anticipated amount of the tour expenses.

(vii) The anticipated amount of the concert tour equipment expenses which are or will be purchased or rented from a company located and maintaining a place of business in this Commonwealth and which will be used on the tour.

(viii) The anticipated number of days spent in Commonwealth hotels.

(ix) Other criteria that the department deems appropriate to ensure maximum employment opportunities and entertainment benefits for the residents of this Commonwealth.

(2) Except as provided in subsection (c), the department may approve the taxpayer for a tax credit upon determining all of the following has or will occur:

(i) The taxpayer paid the applicable application fee not to exceed $300.

(ii) The taxpayer met or will meet the minimum rehearsal and tour requirements.

(iii) The taxpayer incurred or will incur sufficient qualified rehearsal and tour expenses.

(iv) After notifying the Department of Revenue of the name of the taxpayer and of any representative, received tax clearance for the taxpayer.

(3) Applications not approved may be reviewed and considered in subsequent application periods.

(c) Restriction.--The department may only consider rehearsals held or to be held, and qualified rehearsal and tour expenses incurred or to be incurred, after January 1, 2017, in determining whether a taxpayer has met or will meet the minimum rehearsal and tour requirements.

(d) Contract.--If the department approves the taxpayer's application under subsection (b), the department and the taxpayer shall enter into a contract containing the following:

(1) An itemized list of rehearsal expenses incurred or to be incurred for the tour.

(2) An itemized list of Pennsylvania rehearsal expenses incurred or to be incurred for the tour.

(3) With respect to a contract entered into prior to completion of a tour, a commitment by the taxpayer to incur the Pennsylvania rehearsal expenses as itemized.

(4) An itemized list of the qualified rehearsal and tour expenses incurred or to be incurred for the tour.

(5) With respect to a contract entered into prior to completion of a tour, a commitment by the taxpayer to incur the qualified rehearsal and tour expenses as itemized.

(6) With respect to a contract entered into prior to completion of a tour, a commitment by the taxpayer to hold at least one concert at a class 1 venue.

(7) With respect to a contract entered into prior to completion of a tour, a commitment by the taxpayer to hold at least one concert at a venue located in a municipality other than the municipality in which the class 1 venue under paragraph (6) is located.

(8) The start date or the expected start date.

(9) Any other information the department deems appropriate.

(e) Certificate.--Upon execution of the contract required by subsection (d), the department shall award the taxpayer a

concert rehearsal and tour tax credit and issue the recipient a tax credit certificate. (Nov. 24, 2025, P.L.311, No.51, eff. imd.) 2025 Amendment. Act 51 amended subsec. (b)(2) and added subsec. (b)(3). Section 7 of Act 51 provided that the amendment or addition of sections 3202, 3203(b)(2) and 3205(c)(2), (3),

(4), (5) and (6) shall apply retroactively to January 1, 2025. Cross References. Section 3203 is referred to in sections 3202, 3205, 3209 of this title.
12 Pa.C.S. § 3202 — PA Code / Title 12 / Chapter 32 / Section 3202
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Class 1 venue." A stadium, arena, other structure or property at which concerts are performed and which is either of the following:

(1) all of the following:

(i) located in a city of the first class or a county of the second class;

(ii) owned by any of the following:

(A) a municipality;

(B) an authority formed under Article XXV-A of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code; or

(C) a State-related institution; and

(iii) constructed in a manner in which the venue has a seating capacity of at least 10,000; or

(2) leased by or affiliated with a qualified charitable corporation for the performance of a concert.

(3) (Deleted by amendment).

"Class 2 venue." A stadium, arena or other structure at which concerts are performed and which is all of the following:

(1) Located outside the geographic boundaries of a city of the first class or a county of the second class.

(2) Constructed in a manner in which the venue has a seating capacity of at least 6,000.

"Class 3 venue." A stadium, arena, other structure or property which is any of the following:

(1) Located within a neighborhood improvement zone as defined in section 1902-B of the Tax Reform Code.

(2) Owned by or affiliated with a State-related institution.

(3) Owned by the Commonwealth and affiliated with the State System of Higher Education.

(4) (Deleted by amendment).

"Concert." A live performance of music in the presence of individuals who view the performance.

"Concert tour equipment." Includes stage, set, scenery, design elements, automation, rigging, trusses, spotlights, lighting, sound equipment, video equipment, special effects, cases, communication devices, power distribution equipment, backline, personal protective equipment and other miscellaneous equipment or supplies used during a concert or rehearsal. "Maintained a place of business" or "maintaining a place of business." All of the following:

(1) Owning or renting at least 2,500 square feet of office, warehouse or other space within this Commonwealth for at least 24 consecutive months.

(2) Using an office, warehouse or other space located within this Commonwealth to sell, lease, manufacture or deliver tangible personal property or in the performance of a service.

(3) Employing individuals subject to Pennsylvania employment taxes in the sale, lease, manufacture or delivery of tangible personal property or in the performance of a service.

(4) If in the business of selling, leasing, manufacturing or delivering tangible personal property, maintaining an inventory of tangible personal property within this Commonwealth for the sale, lease or delivery to residents of or entities doing business in this Commonwealth.

(5) Regularly engaging in the business of leasing, selling or the delivery of tangible personal property or the performance of a service on a daily basis for residents of or entities doing business in this Commonwealth.

(6) Publishing the physical address at which the entity regularly conducts its lease, sale or delivery of tangible personal property or the performance of a service within this Commonwealth on the entity's publicly accessible Internet website and on the entity's invoices and contracts.

(7) Registering to do business within this Commonwealth with the Department of State.

"Minimum rehearsal and tour requirements." During a tour, all of the following must occur:

(1) The purchase or rental of concert tour equipment, in an amount of at least $2,500,000, from companies located and maintaining a place of business in this Commonwealth for use on the tour.

(2) A rehearsal at a qualified rehearsal facility for a minimum of 10 days.

(3) At least one concert performed at a class 1 venue.

(4) At least one concert performed at a venue which is located in a municipality other than the municipality in which the class 1 venue under paragraph (3) is located.

(5) The taxpayer shall maintain a place of business in this Commonwealth or employ a representative for the period beginning with the start date and ending with the award of tax certificates under section 3203(e) (relating to procedure).

"Pass-through entity." Any of the following:

(1) A partnership as defined in section 301(n.0) of the Tax Reform Code.

(2) A Pennsylvania S corporation as defined in section 301(n.1) of the Tax Reform Code.

(3) An unincorporated entity subject to section 307.21 of the Tax Reform Code.

"Pennsylvania live events industry." A qualified rehearsal facility, vendors of concert tour equipment located and maintaining a place of business in this Commonwealth, venues located in this Commonwealth and any promoter of live performances located and maintaining a place of business in this Commonwealth.

"Pennsylvania rehearsal and tour expenses." The sum of Pennsylvania rehearsal expenses and tour expenses. The term includes Pennsylvania rehearsal expenses and tour expenses paid prior to or during a rehearsal or tour.

"Pennsylvania rehearsal expense." A rehearsal expense which is incurred or will be incurred within this Commonwealth. The term includes:

(1) A payment which is made or will be made by a recipient to a person upon which withholding will be made on the payment by the recipient as required under Part VII of Article III of the Tax Reform Code or a payment which is made or will be made to a person that is required to make estimated payments under Part VIII of Article III of the Tax Reform Code.

(2) A payment which is made or will be made to a personal service corporation representing individual talent if the tax imposed by Article IV of the Tax Reform Code will be paid or accrued on the net income of the corporation for the taxable year.

(3) A payment which is made or will be made to a pass-through entity representing individual talent for which withholding will be made by the pass-through entity on the payment as required under Part VII or VII-A of Article III of the Tax Reform Code.

"Personal protective equipment." Includes equipment, services and supplies necessary to screen, test, shield or protect performers or individuals from health pathogens during a rehearsal or tour. The term includes costs associated with cleaning and disinfecting qualified rehearsal facilities and venues used on a tour and costs associated with complying with safety protocols established to combat COVID-19 and other health pathogens.

"Qualified charitable corporation." A nonprofit corporation which is or does all of the following:

(1) Is incorporated in and operates exclusively within this Commonwealth.

(2) Is organized exclusively for charitable, literary or educational purposes within the meaning of 26 U.S.C. § 501(c)(3) (relating to exemption from tax on corporations, certain trusts, etc.) to promote and support performances of the musical arts in Pennsylvania.

(3) Is recognized, or intends to apply for recognition, by the United States Internal Revenue Service as a tax-exempt organization under 26 U.S.C. § 501(c)(3).

(4) Employs a representative.

(5) Is registered by the department under section 3210(b) (relating to registrations).

"Qualified rehearsal and tour expense." All Pennsylvania rehearsal and tour expenses if Pennsylvania rehearsal expenses comprise or will comprise at least 60% of the total rehearsal expenses. The term shall not include more than $2,000,000 in the aggregate of compensation paid or to be paid to individuals or payment made or to be made to entities representing an individual for services provided in the tour.

"Qualified rehearsal facility." A rehearsal facility which does both of the following:

(1) meets at least six of the following criteria:

(i) Has had a minimum of $8,000,000 invested in the rehearsal facility in land or structure, or a combination of land and structure.

(ii) Has a permanent grid system with a capacity of 1,000,000 pounds.

(iii) Has a built-in power supply system available at a minimum of 3,200 amps without the need for supplemental generators.

(iv) Has a height from floor to permanent grid of a minimum of 80 feet.

(v) Has at least two sliding or roll-up access doors with a minimum height of 14 feet.

(vi) Has a perimeter security system which includes 24-hour, seven-days-a-week security cameras and the use of access control identification badges.

(vii) Has a service area with production offices, catering and dressing rooms with a minimum of 5,000 square feet.

(viii) Is located within one mile of a minimum of two companies which provide concert tour equipment for use on a tour.

(2) Is registered by the department under section 3210(a).

"Qualified tax liability." The liability for taxes imposed under Article III, IV, VI, VII, VIII, IX or XV of the Tax Reform Code. The term does not include tax withheld by an employer from an employee under Article III of the Tax Reform Code.

"Recipient." A taxpayer that has been awarded a tax credit under section 3203(e).

"Rehearsal." An event or series of events which occur in preparation for a tour prior to the start of the tour or during a tour when additional preparation may be needed.

"Rehearsal expense." All of the following which are incurred or will be incurred during a rehearsal:

(1) Compensation paid or to be paid to an individual employed in the rehearsal of the performance.

(2) Payment to a personal service corporation representing individual talent.

(3) Payment to a pass-through entity representing individual talent.

(4) The costs of construction, operations, editing, photography, staging, lighting, wardrobe and accessories.

(5) The cost of leasing vehicles.

(6) The cost of transportation of people or concert tour equipment to or from a train station, bus depot, airport or other transportation facility or directly from a residence or business entity.

(7) The cost of ground transportation of individuals for an entire tour if the ground transportation is purchased or will be purchased from a transportation company maintaining a place of business in this Commonwealth.

(8) The cost of ground or air transportation of concert tour equipment for an entire tour if the ground or air transportation is purchased or will be purchased from a transportation company maintaining a place of business in this Commonwealth.

(9) The cost of insurance coverage for an entire tour if the insurance coverage is purchased or will be purchased through an insurance agent maintaining a place of business in this Commonwealth.

(10) The cost of food and lodging.

(11) The cost of purchasing or renting concert tour equipment.

(12) The cost of renting a facility located in this Commonwealth for rehearsal if the rental is purchased or will be purchased through a qualified rehearsal facility.

(13) The cost of emergency or medical support services required to conduct a rehearsal.

"Rehearsal facility." As follows:

(1) A facility primarily used for rehearsals which is all of the following:

(i) Located within this Commonwealth.

(ii) A minimum of 20,000 square feet of column-free, unobstructed floor space.

(2) The term does not include a facility at which concerts are capable of being held.

"Representative." A person that meets all of the following criteria:

(1) Is authorized to communicate with the department on behalf of a qualified charitable corporation or taxpayer regarding an application submitted under section 3203(a).

(2) Maintains a place of business in this Commonwealth.

(3) Has substantial experience working with the Pennsylvania live events industry.

(4) Has employees who are registered with the Department of Revenue in accordance with section 1706-A.1 of the Tax Reform Code.

(5) Is registered by the department under section 3210(c).

"Start date." The date the first set of concert tour equipment arrives or is expected to arrive at a qualified rehearsal facility.

"State-related institution." As the term is defined in 62 Pa.C.S. § 103 (relating to definitions).

"Tax credit." The concert rehearsal and tour tax credit as provided under this chapter.

"Tax Reform Code." The act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

"Taxpayer." A musical performer or performers or a concert tour management company of a musical performer or performers subject to tax under Article III, IV or VI of the Tax Reform Code. The term does not include contractors or subcontractors of a musical performer or performers or of a concert tour management company of a musical performer or performers.

"Tour." A series of concerts performed or to be performed by a musical performer in more than one location. The term includes at least one rehearsal.

"Tour expense." As follows:

(1) Costs incurred or which will be incurred during a tour for venues located in this Commonwealth. The term includes all of the following:

(i) A payment which is made or will be made by a recipient to a person upon which withholding will be made on the payment by the recipient as required under
12 Pa.C.S. § 504 — PA Code / Title 12 / Chapter 5 / Section 504
Regulatory review.
Status: in_force

(a) Notification.--To the extent known to the secretary, the department shall, on a semiannual basis, provide the council with a list of regulations being proposed by all executive agencies which may affect small businesses in this Commonwealth.

(b) Conference.--The department shall, upon request of the council, arrange a meeting between the council and representatives of an executive agency to discuss regulatory proposals and policy initiatives of the executive agency which might affect small businesses in this Commonwealth.

(c) Written comments.--The council shall provide the department with written comments regarding the council's position on the proposed regulations. The department shall transmit the comments to the appropriate executive agencies. The written comments shall include an impact statement and any other information which the council deems necessary for the public to make an informed opinion on the proposals.

(d) Exceptions.--The requirements under subsections (a) and

(b) shall not apply to the promulgation of the following regulations relating to small businesses:

(1) Regulations required by court order.

(2) Regulations necessitated by a Federal or State declaration of emergency.

(3) Interim regulations which are authorized by statute.
12 Pa.C.S. § 9701 — PA Code / Title 12 / Chapter 97 / Section 9701
Continuity of contract under European monetary union.
Status: in_force

(a) Continuity of contract.--

(1) If a subject or medium of payment of a contract, security or instrument is a currency that has been substituted or replaced by the euro, the euro shall be a commercially reasonable substitute and substantial equivalent that may be either:

(i) used in determining the value of that currency; or

(ii) tendered; in each case at the conversion rate specified in and otherwise calculated in accordance with the regulations adopted by the Council of the European Union.

(2) If a subject or medium of payment of a contract, security or instrument is the ECU, the euro will be a commercially reasonable substitute and substantial equivalent that may be either:

(i) used in determining the value of that currency; or

(ii) tendered; in each case at the conversion rate specified in and otherwise calculated in accordance with the regulations adopted by the Council of the European Union.

(3) Performance of any of the obligations described in paragraph (1) or (2) may be made in the currency or currencies originally designated in the contract, security or instrument so long as the currency or currencies remain legal tender or in euro, but not in any other currency, whether or not the other currency:

(i) has been substituted or replaced by the euro; or

(ii) is a currency that is considered a denomination of the euro and has a fixed conversion rate with respect to the euro.

(b) Effect of currency substitution on performance.--None of the following shall have the effect of discharging or excusing performance under any contract, security or instrument or give a party the right unilaterally to alter or terminate any contract, security or instrument:

(1) Introduction of the euro.

(2) Tender of euros in connection with any obligation in compliance with subsection (a)(1) or (2).

(3) Determination of the value of any obligation in compliance with subsection (a)(1) or (2).

(4) Calculation or determination of the subject or medium of payment of a contract, security or instrument with

reference to an interest rate or other basis that has been substituted or replaced due to the introduction of the euro and that is a commercially reasonable substitute and substantial equivalent.

(c) References to ECU in contracts.--When the euro first becomes the monetary unit of participating member states of the European Union, references to the ECU in a contract, security or instrument that also refers in substance to the definition of the ECU as set forth in subsection (g) shall be replaced by references to the euro at a rate of one euro to one ECU. References to the ECU in a contract, security or instrument without such a definition of the ECU shall be presumed, rebuttable by proof of the contrary intention of the parties, to be references to the currency basket that is from time to time used as the unit of account of the European Community.

(d) Effect of agreements.--This section shall not alter or impair and shall be subject to any agreements between parties with specific reference to the introduction of the euro.

(e) Application.--Notwithstanding the provisions of Title 13 (relating to commercial code) or any other law of this Commonwealth, this section shall apply to all contracts, securities and instruments, including contracts with respect to commercial transactions, and shall not be deemed to be displaced by any other law of this Commonwealth.

(f) No application to other currency alteration.--In circumstances of currency alteration other than the introduction of the euro, this section shall not be interpreted as creating any negative inference or negative presumption regarding the validity or enforceability of contracts, securities or instruments denominated in whole or part in a currency affected by that alteration.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "ECU" or "European currency unit." The currency basket that is from time to time used as the unit of account of the European Community, as defined in European Council Regulation No.3320/94.

"Euro." The currency of participating member states of the European Union that adopt a single currency in accordance with the Treaty on European Union signed February 7, 1992.

"Introduction of the euro." Includes, but is not limited to, the implementation from time to time of economic and monetary union in member states of the European Union in accordance with the Treaty on European Union signed February 7, 1992.
12 Pa.C.S. § 4105 — PA Code / Title 12 / Chapter 41 / Section 4105
Review.
Status: in_force

The department shall review the application to determine if the applicant has met all of the criteria set forth in section 4104 (relating to application).
12 Pa.C.S. § 2302 — PA Code / Title 12 / Chapter 23 / Section 2302
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agent." The term includes the Department of Community and Economic Development.

"Agricultural processor." A person that adds value by subjecting one or more farm commodities to a process of manufacture, development or preparation for sale or a person that converts a farm product into a marketable form.

"Agricultural producer." A person involved in the management and use of a normal agricultural operation for the production of a farm commodity.

"Apparel products." Products manufactured, woven, cut, sewn or otherwise similarly processed by mechanical or human effort from fabrics, leather or cloth and made for use as clothing, shoes or other attire.

"Applicant." A person that applies for a loan in accordance with this chapter.

"Area loan organization." (Deleted by amendment).

"Authority." The Pennsylvania Industrial Development Authority organized and existing under the act of May 17, 1956 (1955 P.L.1609, No.537), known as the Pennsylvania Industrial Development Authority Act.

"Board." The board of directors of the authority.

"Capital development project." Land, buildings, equipment and machinery and working capital which is acquired, constructed, renovated or used by a small business in accordance with any of the following:

(1) As part of a for-profit project or venture not of a mercantile or service-related nature, except for hospitality industry projects.

(2) As part of an effort to:

(i) bring a small business into compliance with Federal or State environmental laws or regulations;

(ii) complete an approved remediation project; or

(iii) permit a small business to adopt generally acceptable pollution prevention practices.

(3) As part of an effort to provide assistance to a small business that is a recycler of municipal or commercial waste or that is a manufacturer using recycled municipal or commercial waste materials.

(4) As part of an effort to assist a small business with defense conversion activities.

(5) As part of a for-profit project or venture to manufacture products to be exported out of the United States by a small business which is not of a mercantile or service-related nature, except for export-related services and international export-related mercantile ventures or advanced technology and computer-related services and mercantile ventures and which will increase this Commonwealth's national or international market shares.

(6) As part of a for-profit project or venture that meets the requirements of section 2308 (relating to loans in distressed communities)

(7) As part of an effort to assist in the start-up or expansion of a for-profit or not-for-profit child day-care center subject to licensure by the Commonwealth.

"Certified economic development organization." An entity certified by the authority under 64 Pa.C.S. § 1123 (relating to certification of economic development organizations).

"Child day-care center." Any premises in which child day care is provided simultaneously for seven or more children who are not related to the provider.

"Community development institution." (Deleted by amendment).

"Distressed community." A community which has any of the following:

(1) A census tract or other specifically defined geographic area in which there is any of the following:

(i) A median income below 80% of the median income for the United States or this Commonwealth.

(ii) Twenty percent or more of the population is below the poverty level by family size published by the Bureau of the Census.

(iii) An unemployment rate 50% higher than the national average.

(2) An area which is designated a subzone, expansion subzone or improvement subzone under the act of October 6,

1998 (P.L.705, No.92), known as the Keystone Opportunity Zone and Keystone Opportunity Expansion Zone Act.

(3) Any other geographic area designated by the authority as distressed. The designation shall be published in the Pennsylvania Bulletin.

"EDA loan." A loan made under this chapter utilizing funds made available to the department or the authority under the Public Works and Economic Development Act of 1965 (Public Law 89-136, 42 U.S.C. § 3121 et seq.).

"Ex-Im Bank." The Export-Import Bank of the United States.

"Export activity." An activity undertaken by a person within this Commonwealth related to exports.

"Export business." A person that is engaged in a for-profit enterprise involving export activities and that employs 250 or fewer individuals.

"Exports." Goods or services to be sold or performed outside the United States.

"Farm commodity." Any Pennsylvania-grown agricultural, horticultural, aquacultural, vegetable, fruit and floricultural product of the soil, livestock and meats, wools, hides, furs, poultry, eggs, dairy products, nuts, mushrooms, honey products and forest products.

"Fund." The Small Business First Fund continued under section 2304 (relating to fund and accounts).

"Hazardous substance." Any element, compound or material which is any of the following:

(1) Regulated as a hazardous air pollutant under section 6.6 of the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act.

(2) Defined as a hazardous waste under section 103 of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.

(3) Regulated under the act of December 7, 1990 (P.L.639, No.165), known as the Hazardous Material Emergency Planning and Response Act.

"Hospitality industry project." A for-profit project or venture which involves a small business that operates a hotel, motel or other lodging facility and that employs at least five full-time equivalent employees at the time an application is submitted to the authority for financing. The term includes a for-profit project or venture which involves a small business that operates a restaurant or food service operation open to the public, that has been in continuous operation for at least five years and that employs at least five full-time equivalent employees at the time an application is submitted.

"Insurance policy." An export credit insurance policy for small businesses offered by the Export-Import Bank of the United States.

"Natural disaster." As defined in 35 Pa.C.S. § 7102 (relating to definitions).

"Normal agricultural operation." As defined in section 2 of the act of June 10, 1982 (P.L.454, No.133), entitled "An act protecting agricultural operations from nuisance suits and ordinances under certain circumstances."

"Pollution prevention." The reduction or elimination of pollution at its source. The term does not include any of the following:

(1) A substitution of one hazardous or toxic substance for another which will cause an increased risk to the environment or to human health.

(2) A cross-media transfer.

(3) A delisting of a hazardous waste or toxic chemical.

"Pollution prevention assistance agency." (Deleted by amendment).

"Pollution prevention infrastructure." A capital development project which permits a small business to adopt or install pollution prevention equipment or processes to:

(1) Reduce or reuse raw materials onsite.

(2) Reduce the production of waste.

(3) Reduce energy consumption.

"Program." The Small Business First Program established under section 2303 (relating to establishment).

"Reuse." Use of a product or component in its original form more than once.

"Small business." A person that is engaged in a for-profit enterprise and that employs 100 or fewer individuals. The term includes the following:

(1) An enterprise located in a small business incubator facility.

(2) An agricultural processor.

(3) An agricultural producer.

(4) An enterprise which manufactures apparel products.

(5) An enterprise which is a for-profit or not-for-profit child day-care center subject to licensure by the Commonwealth.

"Working capital." Capital used by a small business for operations, excluding fixed assets and production machinery and equipment. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014; June 22, 2017, P.L.202, No.7, eff. imd.) 2017 Amendment. Act 7 added the def. of "agent." 2014 Amendment. Act 161 amended the defs. of "distressed community," "EDA loan" and "hospitality industry project," added the defs. of "authority," "board" and "certified economic development organization" and deleted the defs. of "area loan organization," "community development institution" and

"pollution prevention assistance agency." References in Text. The name of the Keystone Opportunity Zone and Keystone Opportunity Expansion Zone Act was changed to the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act.
12 Pa.C.S. § 2901 — PA Code / Title 12 / Chapter 29 / Section 2901
Scope.
Status: in_force

This chapter relates to the Machinery and Equipment Loan Program. Effective Date. Section 6(1)(i) of Act 12 of 2004 provided that section 2901 shall take effect upon publication of the guidelines required by section 2912.
12 Pa.C.S. § 4104 — PA Code / Title 12 / Chapter 41 / Section 4104
Application.
Status: in_force

At any time prior to 60 days after the completion of production of a film, a person may submit an application for a film production grant to the department. The application shall be on a form required by the department and shall include or demonstrate all of the following:

(1) An itemized list of production expenses incurred or to be incurred during the current fiscal year and the anticipated expenses to be incurred for any subsequent year if the film production is anticipated to extend into any such year.

(2) An itemized list of Pennsylvania production expenses incurred.

(3) The start date.

(4) The actual or projected completion date.

(5) A statement of the amount of grant sought.

(6) Any other information required by the department. Cross References. Section 4104 is referred to in section 4105 of this title.
12 Pa.C.S. § 2906 — PA Code / Title 12 / Chapter 29 / Section 2906
Application and administration.
Status: in_force

(a) Procedures.--Application and administration procedures for fund loans shall be established by the authority under 64 Pa.C.S. § 1121 (relating to common application process).

(b) Receipt.--The authority shall receive applications from eligible business enterprises for machinery and equipment loans. Applications shall be made to the authority in the form and manner as the authority may require.

(c) Investigation.--Upon receipt of the application, the authority shall investigate and review the application and either approve or disapprove the loan application by proper action of the authority. The decision of the authority shall be based, in whole or in part, upon the following criteria:

(1) Ability of the applicant to meet and satisfy all debt service as it becomes due and payable.

(2) Sufficiency of available collateral, including satisfactory lien positions on real and personal property.

(3) Eligibility of the applicant as a business enterprise involved in industrial processes, manufacturing, mining, production agriculture, information technology, biotechnology, services as a medical facility or other industrial or technology sectors as defined by the secretary.

(4) Sufficient evidence that funds shall be used only to acquire and install new equipment and machinery or upgrade existing equipment and machinery, including the acquisition, application and utilization of computer hardware and software.

(5) Capital needs of the applicant.

(6) Conformity of the project to the provisions of this chapter.

(7) Relevant criminal and credit history and ratings of applicant as determined from outside credit reporting services and other sources.

(8) Number of net employment opportunities created and retained by the proposed project. This paragraph does not apply to business enterprises involved in production agriculture or medical facilities.

(9) Supporting evidence that the loan project will increase the firm's competitiveness and value added within its respective industry.

(10) Explanation of how the loan will aid the Commonwealth in its efforts to assist business enterprises to increase their productivity and improve the future competitive position of this Commonwealth's industries.

(11) Compliance with the loan amount limitations provided for machinery and equipment loans.

(12) Payment to date of all tax obligations due and owing to the Commonwealth or any political subdivision thereof.

(13) Conformity of all aspects of the loan transaction with the substantive and procedural provisions of this chapter and regulations promulgated hereunder.

(14) Such information and documentation as the authority shall require.

(d) Notification.--The authority shall notify the applicant of final approval or disapproval of the loan application within a reasonable period of time following the receipt of the application. In the case of approval of a loan application, the authority shall arrange to draw the loan amount from the fund and advance the sum to the recipient. The advance shall be made available in the form of a loan transaction, which loan shall be evidenced by a note executed by the recipient and secured in a manner as the authority shall require in conformity in all respects to the loan as approved by the authority.

(e) Policy requirements.--All loans shall be administered and monitored by the authority in accordance with the policies and procedures prescribed by the authority.

(f) Penalty for noncompliance.--In the event that a loan recipient does not comply with its approved application by failing to create or preserve the number of employment opportunities specified in its approved application, the authority shall impose a penalty equal to an increase in the interest rate to 2% greater than the current prime interest rate for the remainder of the loan unless the penalty is waived by the authority because the failure is due to circumstances

outside the control of the loan recipient. The penalty shall be payable in installments that the authority deems appropriate. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014)

Amendment. Act 161 amended subsecs. (a), (b), (c) intro. par. and (14), (d), (e) and (f). Effective Date. Section 6(1)(i) of Act 12 of 2004 provided that section 2906 shall take effect upon publication of the guidelines required by section 2912. Cross References. Section 2906 is referred to in section 2911 of this title.
12 Pa.C.S. § 5611 — PA Code / Title 12 / Chapter 56 / Section 5611
Conformance with notice.
Status: in_force

(a) Conformance with terms.--A sale or other disposition of the personal property shall conform to the terms of the notification as provided for in this chapter.

(b) Nonconsummated sale.--If the personal property is advertised for sale and the sale is not consummated, the owner shall give written notice to the occupant of any other disposition of the personal property.
12 Pa.C.S. § 4106 — PA Code / Title 12 / Chapter 41 / Section 4106
Approval.
Status: in_force

The following shall apply:

(1) Upon being satisfied that all requirements have been met and subject to section 4108 (relating to limitations), the department may approve the application and award a film production grant.

(2) Prior to providing grant funds to the applicant, the department shall enter into a contract with the applicant. The contract shall include provisions requiring the applicant to use the grant to pay costs associated with the production of the film.

(3) The department may impose any other terms and conditions on the grants authorized by this chapter as the department determines are in the best interests of the Commonwealth.

Cross References. Section 4106 is referred to in section 4107 of this title.
12 Pa.C.S. § 5619 — PA Code / Title 12 / Chapter 56 / Section 5619
Construction of chapter.
Status: in_force

Nothing in this chapter shall be construed to impair or affect the right of the owner and occupant to create additional rights, duties and obligations in and by virtue of the rental agreement. The rights provided by this chapter shall be in addition to all other rights allowed by law to a creditor against the debtor of the creditor.
12 Pa.C.S. § 6355 — PA Code / Title 12 / Chapter 63 / Section 6355
Unfair trade practice.
Status: in_force

A violation of any provision of this chapter shall be deemed to be a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
12 Pa.C.S. § 2103 — PA Code / Title 12 / Chapter 21 / Section 2103
Establishment.
Status: in_force

There is established within the department a program to be known as the Opportunity Grant Program. The program shall be administered by the department to provide grants to eligible persons for certain projects which encourage job-creating economic development within this Commonwealth. Cross References. Section 2103 is referred to in section 2102 of this title.
12 Pa.C.S. § 5305 — PA Code / Title 12 / Chapter 53 / Section 5305
Attorney fees.
Status: in_force

A court may award reasonable attorney fees, expenses and costs to the prevailing party:

(1) if a claim of misappropriation is made in bad faith;

(2) a motion to terminate an injunction is made or resisted in bad faith; or

(3) willful and malicious misappropriation exists.
12 Pa.C.S. § 5504 — PA Code / Title 12 / Chapter 55 / Section 5504
Protections for financial institutions, insurers, legitimate cannabis-related businesses and business associates.
Status: in_force

(a) Actions of government agencies.--No agency or political subdivision of this Commonwealth may:

(1) prohibit, penalize or otherwise discourage a financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business;

(2) recommend, incentivize or encourage a financial institution or insurer not to offer financial or insurance services to an account holder, or downgrade or cancel services provided to the account holder, solely because the account holder is a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business;

(3) take adverse or corrective supervisory action on a loan made to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business solely because the loan has been made to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business;

(4) prohibit or penalize a financial institution or insurer performing financial or insurance services in association with another financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business; or

(5) subject the legal interest of a financial institution in the collateral for a loan or another financial service provided to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business to civil or criminal forfeiture under any laws of this Commonwealth or initiate or participate in proceedings for the civil or criminal forfeiture of a legal interest under Federal law or under the laws of another state.

(b) Enforcement authority.--Nothing in this act shall prevent the Department of Banking and Securities, the Insurance Department or the Attorney General, in a manner consistent with the requirements of section 506 of the act of May 15, 1933 (P.L.565, No.111), known as the Department of Banking and Securities Code, from undertaking an enforcement action for compliance with the requirements of section 5503(a) or (b) (relating to services to legitimate cannabis-related businesses) in a manner consistent with subsection (a).

(c) Criminal prosecution and civil claims.--Subject to subsection (h), no financial institution or insurer, or the directors, officers, employees, agents, owners, shareholders or members of a financial institution or insurer, shall be subject to a criminal prosecution, sanction or claim for damages or any equitable remedy, solely because the institution or insurer is providing financial or insurance services to or for

the benefit of a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business.

(d) Proceeds of legitimate cannabis-related business activities.--The proceeds of any transaction involving the activities of a legitimate cannabis-related business may not be considered proceeds from an unlawful activity solely because the transaction involves the proceeds from a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business.

(e) Rights and privileges.--No legitimate cannabis-related business, or a business associate of a legitimate cannabis-related business, shall be denied any right or privilege by a State agency solely because of the business's or business associate's lawful participation in the medical marijuana program established under the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act.

(f) Limited immunity.--If a legitimate cannabis-related business fails to provide the notice required under section 5506(a) (relating to required disclosures) to a financial institution or insurer, the financial institution or insurer shall not be deemed in violation of this chapter solely because the financial institution or insurer was not notified and continued to provide services beyond the date at which such services should or could have been terminated as a result of the suspension or revocation of the permit, registration or certification.

(g) Exclusion.--This chapter shall not apply to the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution or purchase of cannabis for recreational use within this Commonwealth in a manner contrary to the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any actions in violation of the Medical Marijuana Act except as otherwise provided by this chapter.

(h) Requirements.--The protections provided by this section to a financial institution or insurer and to the directors, officers, employees, agents, owners, shareholders or members of the institution or insurer are subject to the institution's or insurer's material compliance with the requirements of section 5503(a) and (b) and reasonable due diligence to determine that a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business is in compliance with the laws of this Commonwealth and the laws of other states in which the cannabis-related business is located, or with any applicable Federal laws, which provide authorization for the operation of a legitimate cannabis-related business. 2022 Amendment. Section 3 of Act 56 provided that the addition of section 5504 shall apply to the provision of financial or insurance services to a legitimate cannabis-related business or a business associate of a legitimate cannabis-related business on or after the effective date of section 3.
12 Pa.C.S. § 5307 — PA Code / Title 12 / Chapter 53 / Section 5307
Statute of limitations.
Status: in_force

An action under this chapter for misappropriation must be brought within three years after the misappropriation was discovered or by the exercise of reasonable diligence should have been discovered.
12 Pa.C.S. § 2308 — PA Code / Title 12 / Chapter 23 / Section 2308
Loans in distressed communities.
Status: in_force

(a) Application.--A small business located in a distressed community may submit an application and any applicable application fee to a certified economic development organization requesting a loan or line of credit for certain costs of a capital development project under 64 Pa.C.S. § 1121(a) (relating to common application process). The application shall be on the form required by the authority and shall include or demonstrate all of the following, in addition to the contents required under 64 Pa.C.S. § 1121(b):

(1) The name and address of the applicant.

(2) A statement that the small business is engaged in business-to-public service or in the mercantile, commercial or point-of-sale retail business sectors.

(3) A statement of the type and amount of assistance sought.

(4) A statement of the capital development project, including a detailed statement of the cost of the project.

(5) A financial commitment from a responsible source for the cost of the capital development project in excess of the amount requested.

(6) Any other information required by the authority.

(b) Certified economic development organization review.--

(1) Upon receipt of a completed application, a certified economic development organization shall investigate and determine all of the following:

(i) If the applicant is a small business which is engaged in business-to-public service or in the mercantile, commercial or point-of-sale retail business sectors in accordance with conditions or criteria established by the authority.

(ii) If the project is a capital development project.

(iii) If the applicant has demonstrated a direct impact on the community in which the capital development project is or will be located, on residents of that community or on the local and/or regional economy. The authority shall establish criteria that will assist in making this demonstration.

(iv) Number of employment opportunities to be created or preserved by the proposed capital development project.

(v) If the applicant complied with all other criteria established by the authority.

(2) Upon being satisfied that all requirements have been met, the certified economic development organization

shall recommend the applicant to the authority and forward the application with all supporting documentation to the authority for its review and approval.

(c) Authority review.--

(1) Upon receipt of a recommendation and a completed application, the authority shall investigate and determine all of the following:

(i) The ability of the applicant to meet and satisfy the debt service as it becomes due and payable. In reviewing repayment obligations, loans shall not be approved on the basis of direct financial return on investment and shall not be held to the loan loss standards of private commercial lenders. Loans shall be reviewed for the purpose of establishing a strong economic base and promoting entrepreneurial activity within the distressed community.

(ii) The existence and sufficiency of collateral for the loan.

(iii) Relevant criminal and credit history and ratings of the applicant as determined from outside credit reporting services and other sources.

(2) If the authority is satisfied that all requirements have been met, the authority may approve the loan or line of credit request in an amount not to exceed $200,000 or 50% of the total capital development project costs, whichever is less. For the purpose of this paragraph, capital development project costs, except the costs related to working capital, incurred during the 12-month period prior to the date of submission of the application to the authority shall be considered part of the total capital development project costs.

(3) The authority shall notify the certified economic development organization and applicant of its decision.

(d) Approvals.--For applications which are approved, the authority shall draw an advance equal to the principal amount of the loan from the fund and, prior to providing loan funds to the applicant, the authority shall require the applicant to execute a note and to enter into a loan agreement. In addition to the requirements of subsection (e), the loan agreement shall include a provision requiring the recipient to use the loan proceeds to pay the costs of the capital development project. The authority may impose other terms and conditions on the recipient if the authority determines they are in the best interests of this Commonwealth, including a provision requiring collateral for any penalty imposed under subsection (g).

(e) Loan terms.--A loan agreement entered into in accordance with subsection (d) shall do all of the following:

(1) State any collateral securing the loan. The authority may use its best judgment to identify and secure collateral.

(2) State the repayment period which may be flexible, except that a line of credit may not have a term of more than three years. A line of credit may be renewed for an additional three-year period at the discretion of the authority.

(3) State the interest rate which may not be less than 2% nor more than 5% for the term of the loan.

(4) State that the recipient agrees to maintain, at a minimum, the number of jobs in existence as of the date of loan application.

(f) Loan administration.--A loan made under this section shall be administered in accordance with authority policies and procedures.

(g) Penalty.--

(1) Except as provided in paragraph (2), the authority shall impose a penalty upon a recipient if the recipient fails to preserve the number of employment opportunities specified in its approved application.

(2) The authority may waive the penalty required by paragraph (1) if the authority determines that the failure was due to circumstances outside the control of the recipient.

(3) The amount of any penalty imposed under paragraph

(1) shall be equal to an increase in the interest rate to 2% greater than the current prime interest rate for the remainder of the loan.

(h) Defaults.--The authority may take title by foreclosure to a capital development project which it financed where acquisition is necessary to protect a loan made under this section. The authority shall pay all costs arising out of the foreclosure and acquisition from money held in the fund. The authority may, in order to minimize financial losses and sustain employment, lease the capital development project. The authority may withdraw money from the fund to purchase first mortgages and to make payments on first mortgages on any capital development project which it financed if purchase or payment is necessary to protect a loan made under this section. The authority may sell, transfer, convey and assign the first mortgages and shall deposit in the fund money derived from the sale of any first mortgages. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014)

Amendment. Act 161 amended subsecs. (a), (b) heading,

(1) intro. par., (i), (iii) and (v) and (2), (c) heading, (1) intro. par., (2) and (3), (d), (e)(1) and (2), (f), (g)(1) and

(2) and (h). Cross References. Section 2308 is referred to in sections 2302, 2310 of this title. § 2309. Pollution prevention assistance loans.

(a) Application.--A small business may submit an application and any application fee to a certified economic development organization requesting a loan for a pollution prevention infrastructure under 64 Pa.C.S. § 1121(a) (relating to common application process). The application shall be on the form required by the authority and shall include or demonstrate all of the following, in addition to the contents required under 64 Pa.C.S. § 1121(b):

(1) The name and address of the applicant.

(2) A statement of the amount of loan assistance sought.

(3) A statement of the pollution prevention infrastructure, including a detailed statement of the cost of the infrastructure.

(4) A financial commitment from a responsible source for the cost of the pollution prevention infrastructure in excess of the amount requested.

(5) Any other information required by the authority.

(b) Certified economic development organization review.--

(1) Upon receipt of a completed application, a certified economic development organization shall investigate and determine all of the following:

(i) If the applicant is a small business.

(ii) If the project is for pollution prevention infrastructure.

(iii) If the applicant complied with all other criteria established by the authority.

(2) Upon being satisfied that all requirements have been met, the certified economic development organization shall recommend the applicant to the department and forward the application with all supporting documentation to the authority for its review and approval.

(c) Authority review.--

(1) Upon receipt of a recommendation and a completed application, the authority shall investigate and determine all of the following:

(i) If the pollution prevention infrastructure demonstrates a substantial likelihood of preventing or reducing pollution. The Department of Environmental Protection shall assist the authority in reviewing the applications and provide technical assistance.

(ii) The ability of the applicant to meet and satisfy the debt service as it becomes due and payable. In reviewing repayment obligations, loans shall not be approved on the basis of direct financial return on investment and shall not be held to the loan loss standards of private commercial lenders. Loans shall be reviewed for the purpose of reducing pollution through source reduction technologies or processes.

(iii) The existence and sufficiency of collateral for the loan.

(iv) Relevant criminal and credit history and ratings of the applicant as determined from outside credit reporting services and other sources.

(2) If the authority is satisfied that all requirements have been met, the authority may approve the loan request. A loan approved under this subsection may not exceed the lesser of:

(i) $100,000; or

(ii) 75% of infrastructure costs.

(3) The authority shall notify the certified economic development organization and applicant of its decision.

(d) Approvals.--For applications which are approved, the authority shall draw an advance equal to the principal amount of the loan from the Pollution Prevention Assistance Account. Prior to providing loan funds to the applicant, the authority shall require the applicant to execute a note and to enter into a loan agreement. In addition to the requirements of subsection

(e), the loan agreement shall include a provision requiring the recipient to use the loan proceeds to pay the costs of the pollution prevention infrastructure. The authority may impose other terms and conditions on the recipient if the authority determines they are in the best interests of this Commonwealth, including a provision requiring collateral for any penalty imposed under subsection (g).

(e) Loan terms.--A loan agreement entered into in accordance with subsection (d) shall do all of the following:

(1) State the collateral securing the loan. All loans shall be secured by lien positions on collateral at the highest level of priority as may be determined by the authority.

(2) State the repayment period which may not exceed 10 years.

(3) State that the interest rate is 2%.

(4) State that any loan fee is not to exceed 5% of the loan amount.

(f) Loan administration.--A loan made under this section shall be administered in accordance with authority policies and procedures.

(g) Penalty.--

(1) Except as provided in paragraph (2), the authority shall impose a penalty upon a recipient if the recipient fails to carry out the pollution prevention infrastructure project as specified in its approved application.

(2) The authority may waive the penalty required by paragraph (1) if the authority determines that the failure was due to circumstances outside the control of the recipient.

(3) The amount of any penalty imposed under paragraph

(1) shall be equal to an increase in the interest rate to 2% greater than the current prime interest rate for the remainder of the loan.

(h) Defaults.--The authority may take title by foreclosure to a pollution prevention infrastructure which it financed if acquisition is necessary to protect a loan made under this section. The authority shall pay all costs arising out of the foreclosure and acquisition from money held in the Pollution Prevention Assistance Account. The authority may, in order to minimize financial losses and sustain employment, lease the pollution prevention infrastructure. The authority may withdraw money from the Pollution Prevention Assistance Account to purchase first mortgages and to make payments on first mortgages on any pollution prevention infrastructure which it financed if the purchase or payment is necessary to protect a loan made under this section. The authority may sell, transfer, convey and assign the first mortgages and shall deposit any money derived from the sale of any first mortgages in the Pollution Prevention Assistance Account. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014)

Amendment. Act 161 amended subsecs. (a), (b), (c) heading, (1) intro. par. and (i), (2) intro. par. and (3), (d),

(e)(1), (f), (g)(1) and (2) and (h). Cross References. Section 2309 is referred to in sections 2304, 2310.1 of this title.
12 Pa.C.S. § 6353 — PA Code / Title 12 / Chapter 63 / Section 6353
Willful violations regarding finance charges.
Status: in_force

(a) Penalty.--If a seller or holder willfully violates a provision of this chapter regarding the imposition, computation or disclosure of a finance charge on a consolidated total of two or more agreements under section 6329 (relating to add-on sales), the buyer may recover from the seller or holder an amount equal to three times the total of the following, which have been actually paid by the buyer:

(1) Refinance charges under section 6327 (relating to refinancing).

(2) Late fees under section 6343 (relating to late fees).

(3) Costs of collection under section 6344 (relating to costs of collection).

(4) Finance charges under section 6345 (relating to finance charges).

(5) Extension and deferment charges under section 6347 (relating to extension and deferment).

(6) Interest after maturity under section 6348 (relating to interest rate after maturity).

(b) Bar to recovery.--If a violation has occurred under this section, the seller or holder is barred from the recovery of the costs and charges under subsection (a).
12 Pa.C.S. § 5706 — PA Code / Title 12 / Chapter 57 / Section 5706
Terms and conditions.
Status: in_force

(a) Disclosure.--An eligible financial institution conducting a savings promotion program shall disclose to the public and each participant the terms and conditions of the savings promotion program. The terms and conditions shall be posted in a location where entries may be submitted and shall be included in printed materials or electronic media promoting the savings promotion program.

(b) Content.--Terms and conditions for a savings promotion program shall include language specifying that:

(1) No other action, purchase or other consideration is necessary for an entry in the savings promotion program.

(2) No action or purchase of goods or services improves the odds of winning.

(3) Each entry has the same odds of winning the savings promotion program.

(4) The odds of winning the savings promotion program will be determined based on the number of entries received.

(5) The winner is responsible for all applicable Federal, State and local taxes.

(6) Participation in a qualified financial program is offered to any qualified individual participating in the savings promotion program.

(7) Participation in a savings promotion program presents no financial risk to an eligible individual.
12 Pa.C.S. § 5306 — PA Code / Title 12 / Chapter 53 / Section 5306
Preservation of secrecy.
Status: in_force

In any action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means which may include, but are not limited to, granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of the action and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
12 Pa.C.S. § 4301 — PA Code / Title 12 / Chapter 43 / Section 4301
Purpose.
Status: in_force

This chapter authorizes the establishment of a property assessed clean energy program in the Commonwealth to ensure that owners of agricultural, commercial and industrial properties can obtain low-cost, long-term financing for energy efficiency, indoor air quality, resiliency improvement, water conservation and renewable energy projects. (July 7, 2022, P.L.470, No.43, eff. 60 days)
12 Pa.C.S. § 6333 — PA Code / Title 12 / Chapter 63 / Section 6333
Applicability and effect of subchapter.
Status: in_force

(a) Security interest.--This subchapter does not prohibit the execution of an agreement between a buyer and seller whereby the seller retains a security interest in goods sold to the buyer until full payment has been made.

(b) Allocation.--Section 6329(b) (relating to add-on sales) governs goods sold under an agreement under subsection (a).

(c) Notes; third party rights.--An open-end credit agreement may not require or entail the execution of a note by the buyer that when separately negotiated will eliminate as to a third party a right of action or defense that the buyer may have against the seller.
12 Pa.C.S. § 4306 — PA Code / Title 12 / Chapter 43 / Section 4306
Notice.
Status: in_force

(a) Notice.--A municipality or county that establishes a program shall post online and make available to the public a notice of each qualified project financed through an assessment.

(b) Contents of notice.--The notice under subsection (a) must contain:

(1) The legal description of the property.

(2) The name of each property owner.

(3) The total amount of the qualified project and a complete description of the qualified project.

(4) The assessment needed to satisfy the bond.

(5) A reference to the statutory assessment lien provided under this chapter.

(6) The financing rate on the bond, the total amount of the bond financing and any financing charges associated with the bond. Cross References. Section 4306 is referred to in section 4307 of this title.
12 Pa.C.S. § 5101 — PA Code / Title 12 / Chapter 51 / Section 5101
Short title of chapter and definitions.
Status: in_force

(a) Short title of chapter.--This chapter, that was formerly cited as the Pennsylvania Uniform Fraudulent Transfer Act, shall be known and may be cited as the Pennsylvania Uniform Voidable Transactions Act.

(b) Definitions.--The following words and phrases when used in this chapter shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Asset." Property of a debtor. The term does not include:

(1) property to the extent it is encumbered by a valid lien;

(2) property to the extent it is generally exempt under nonbankruptcy law; or

(3) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one tenant.

"Claim." Except as used in "claim for relief," a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.

"Creditor." A person that has a claim.

"Debt." Liability on a claim.

"Debtor." A person that is liable on a claim.

"Electronic." Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

"Lien." A charge against or an interest in property to secure payment of a debt or performance of an obligation. The term includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien or a statutory lien.

"Organization." A person other than an individual.

"Person." An individual, partnership, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, trust or instrumentality or other legal entity.

"Property." Anything that may be the subject of ownership.

"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record an electronic symbol, sound or process.

"Transfer." Every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset. The term includes payment of money, release, lease, license and creation of a lien or other encumbrance.

"Valid lien." A lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. (Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
12 Pa.C.S. § 6208 — PA Code / Title 12 / Chapter 62 / Section 6208
Venue.
Status: in_force

An action on an installment sale contract shall be commenced in a county where any of the following occurred:

(1) The buyer signed the contract.

(2) The buyer resides at the commencement of the action.

(3) The buyer resided when the contract was entered into.
12 Pa.C.S. § 3205 — PA Code / Title 12 / Chapter 32 / Section 3205
Limitations.
Status: in_force

(a) Cap.--

(1) The aggregate amount of tax credits awarded in a fiscal year under this chapter may not exceed $24,000,000.

(2) In a fiscal year, the department may, in the department's discretion, advance the award of tax credits for qualified rehearsal and tour expenses incurred or to be incurred equal to $2,000,000 of the tax credits available to be awarded in the succeeding fiscal year.

(3) If, in a fiscal year, the maximum amount of credits authorized by this subsection are not awarded by the department, the department may increase the total amount of tax credits that the department may award for qualified rehearsal and tour expenses incurred or to be incurred related to a tour in the immediately succeeding fiscal year by the amount that was not awarded in the preceding fiscal year.

(b) Advance award of credits.--The advance award of tax credits under subsection (a)(2) shall:

(1) count against the total amount of tax credits that the department may award for qualified rehearsal and tour expenses incurred or to be incurred related to a tour in the next succeeding fiscal year; and

(2) reduce the total amount of tax credits that the department may award for qualified rehearsal and tour expenses incurred or to be incurred related to a tour in the next succeeding fiscal year.

(c) Individual limitations.--

(1) A taxpayer may not be:

(i) Awarded more than $1,500,000 of tax credits for a tour if the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation is equal to or more than $2,500,000 but less than $3,500,000.

(ii) Awarded more than $2,250,000 of tax credits for a tour if the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation is equal to or more than $3,500,000 but less than $5,500,000.

(iii) Awarded more than $3,000,000 of tax credits for a tour if the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation is equal to or more than $5,500,000 but less than $7,500,000.

(iv) Awarded more than $3,500,000 of tax credits for a tour if the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation is equal to or more than $7,500,000 but less than $10,000,000.

(v) Awarded more than $4,250,000 of tax credits for a tour if the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation is equal to or more than $10,000,000 but less than $12,000,000.

(vi) Awarded more than $5,000,000 of tax credits for a tour if the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation is equal to or more than $12,000,000.

(2) Except as provided under paragraphs (4) and (5), the aggregate amount of tax credits awarded by the department under section 3203(e) (relating to procedure) to a taxpayer for a tour with concerts at two class 1 venues or a class 1 venue and a class 2 venue may not exceed 35% of the qualified rehearsal and tour expenses incurred or to be incurred.

(3) Except as provided under paragraphs (4) and (5), the aggregate amount of tax credits awarded by the department under section 3203(e) to a taxpayer for a tour with concerts at a class 1 venue and a class 3 venue may not exceed 40% of the qualified rehearsal and tour expenses incurred or to be incurred.

(4) In addition to the tax credits under paragraph (2) or (3), a taxpayer is eligible for a tax credit in the amount of 5% of the qualified rehearsal and tour expenses incurred or to be incurred by the taxpayer if the taxpayer holds concerts at a total of two or more class 2 venues or class 3 venues, or if a concert is held by a venue leased by or affiliated with a qualified charitable corporation.

(5) In determining the amount of tax credits to award a taxpayer, if the taxpayer's contribution to a qualified charitable corporation exceeds $325,000, the department, notwithstanding the limitation under paragraph (2) or (3), may award the taxpayer the maximum amount of the tax credits the taxpayer would have qualified to receive under paragraph

(1) for the sum of the taxpayer's purchase or rental of concert tour equipment from companies located and maintaining a place of business in this Commonwealth for use on the tour and any contribution to a qualified charitable corporation.

(6) A contribution to a qualified charitable corporation used in determining a limit under paragraph (1) shall not be considered a contribution to a qualified charitable corporation under paragraph (5) for the purposes of determining the amount of an award. (Nov. 24, 2025, P.L.311, No.51, eff. imd.) 2025 Amendment. Act 51 amended subsec. (c)(2), (3), (4) and (5) and added subsec. (c)(6). Section 7 of Act 51 provided that the amendment or addition of sections 3202, 3203(b)(2) and 3205(c)(2), (3), (4), (5) and (6) shall apply retroactively to January 1, 2025.
12 Pa.C.S. § 5703 — PA Code / Title 12 / Chapter 57 / Section 5703
Savings promotion program.
Status: in_force

(a) Authorization.--Notwithstanding any prohibitions on lotteries or gambling provided by the laws of this Commonwealth, including 18 Pa.C.S. §§ 5512 (relating to lotteries, etc.), 5513 (relating to gambling devices, gambling, etc.) and 5514 (relating to pool selling and bookmaking), an eligible financial institution may conduct a savings promotion program and any activity conducted in connection with the savings promotion program, including, but not limited to:

(1) the deposit of a minimum specified amount of money in a qualified account for a minimum length of time;

(2) the participation in a qualified financial program offered by the eligible financial institution;

(3) the transmission of any advertisement, list of prizes or other information concerning the savings promotion program;

(4) the offering, facilitation and acceptance of deposits, withdrawals or other transactions in connection with the savings promotion program;

(5) the transmission of any information relating to the savings promotion program, including account balance and transaction information;

(6) the deposit or transmission of prizes awarded in the savings promotion program as well as notification or publication of the deposit or transmission; and

(7) the establishment and operation of qualified financial programs.

(b) Limitation.--An eligible financial institution may not conduct a savings promotion program in a way that jeopardizes the eligible financial institution's safety and soundness or misleads an eligible individual or the public.

(c) Third-party participants.--An eligible financial institution may offer a savings promotion program in conjunction with a third-party participant that provides administrative support, funding or other service. Cross References. Section 5703 is referred to in section 5705 of this title.
12 Pa.C.S. § 6217 — PA Code / Title 12 / Chapter 62 / Section 6217
Refusal to issue license or license renewal.
Status: in_force

(a) Discretionary refusal.--Subject to subsection (b), the department may refuse to issue a license or renew a license because of any of the following:

(1) The applicant has made a material misstatement in the application for license or license renewal.

(2) The existence of any of the grounds under section 6218(a) (relating to revocation or suspension of license).

(3) The department is not satisfied that the financial responsibility, character, reputation, integrity and general fitness of the applicant command the confidence of the public and warrant the belief that the business for which the license application is filed will be operated lawfully, honestly, fairly and in accordance with this chapter and the general laws of this Commonwealth. In so determining, the department shall consider the applicant's:

(i) owners, partners or members and any managers, if the applicant is a partnership, association or limited liability company; and

(ii) officers and directors, if the applicant is a corporation.

(b) Mandatory refusal.--

(1) The department may not issue a license to an applicant under this chapter until the expiration of at least one year from the effective date of any revocation of the applicant's license or the department's refusal to issue a license or license renewal to the applicant.

(2) The department may not issue a license or renew a license if, within ten years of the date of license application or license renewal application, the applicant or the applicant's affiliate, owner, partner, member, officer, director, employee or agent has pleaded guilty to, has entered a plea of nolo contendere to or has been convicted of a violation under section 6271 (relating to operating without license) or subsection A of section 37 of the former act of June 28, 1947 (P.L.1110, No.476), known as the Motor Vehicle Sales Finance Act.

(3) Subject to paragraph (4), if an applicant's license was previously revoked under this chapter or the former Motor Vehicle Sales Finance Act, the department may not issue another license to the applicant if, within ten years of the date of license application, the applicant or the applicant's affiliate, owner, partner, member, officer, director, employee or agent has pleaded guilty to, has entered a plea of nolo contendere to or has been convicted of any violation of this chapter or the former Motor Vehicle Sales Finance Act.

(4) If an applicant's license was previously revoked under the former Motor Vehicle Sales Finance Act solely on the basis of the conduct of the applicant's spouse, paragraph

(3) is not applicable.

(c) License fee.--

(1) Except as provided in paragraph (2), if the department rejects a license application or license renewal application, it shall return the license fee that accompanied the application.

(2) The department may retain all or part of the license fee if the license application or license renewal application was rejected based wholly or partially on false information furnished by the applicant in the application.
12 Pa.C.S. § 6246 — PA Code / Title 12 / Chapter 62 / Section 6246
Refund for prepayment of contract.
Status: in_force

(a) Right to prepay unpaid time balance.--Notwithstanding the provisions of an installment sale contract, a buyer may prepay at any time all or part of the unpaid time balance under the contract.

(b) Rebate generally.--If the entire time balance is liquidated prior to maturity by prepayment, refinancing or termination by surrender or repossession and resale of the motor vehicle, a holder of the contract for the sale of the motor vehicle shall immediately rebate to the buyer any unearned

portion of the finance charge. The rebate may be made in cash or credited to the amount due on the obligation of the buyer.

(c) Rebate amount.--

(1) Subject to paragraph (2), the proportion of the unearned finance charge that shall be rebated to the buyer to the total finance charge shall be at least the proportion of the sum of the periodic time balances after the date of prepayment to the sum of all the periodic time balances under the schedule of payments in the original contract.

(2) The holder is not required to rebate:

(i) a portion of the unearned finance charge that results in a net minimum finance charge on the contract of less than $10; or

(ii) an unearned finance charge if the computed amount due is less than $1.
12 Pa.C.S. § 5607 — PA Code / Title 12 / Chapter 56 / Section 5607
Notice of default to occupant.
Status: in_force

(a) Duty to provide.--

(1) The owner shall give written notice of the default and any other action taken in regard to the occupant's property to the occupant by personal service, verified mail, email or by certified mail, return receipt requested, sent to the occupant's last known address.

(2) The notice shall be presumed to be served when it is deposited with the United States Postal Service or private delivery service and properly addressed with postage prepaid or by email to an email address provided by the occupant.

(3) Notwithstanding paragraph (1), the owner may provide the notice by email only if:

(i) The occupant is informed in the original rental agreement, or by subsequent modification of the agreement, that notification by email is an authorized means of communication under this subsection.

(ii) The occupant affirmatively consents to be contacted using electronic means and to promptly advise the owner of any change in the occupant's email address.

(iii) The occupant affirmation consenting to electronic means of communication and to promptly advise the owner of any change in the occupant's email address is printed in bold type or underlined in the rental agreement.

(b) Contents.--The notice shall include:

(1) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due.

(2) A demand for payment of the sum due within a specified time not less than 30 days after the date of notice.

(3) A statement that the contents of the occupant's leased space are subject to the owner's lien.

(4) The name, street address and telephone number of the owner or the owner's designated agent who the occupant may contact to respond to the notice.

(5) A conspicuous statement in bold print that, unless the claim is paid within the time and at the place stated, the personal property will be advertised for sale or will

be otherwise disposed of at a specified time and place, not less than 30 days after the date of the notice.

(c) Notice of denial of space, entry or removal.--If the owner elects to deny the occupant access to the leased space or elects to enter and remove the occupant's personal property from the leased space to other suitable storage space, a statement so advising the occupant shall be included in the notice.
12 Pa.C.S. § 3209 — PA Code / Title 12 / Chapter 32 / Section 3209
Penalty.
Status: in_force

A recipient which claims a tax credit and fails to incur the amount of qualified rehearsal and tour expenses agreed to under section 3203(d)(4) (relating to procedure) for a tour in that taxable year shall repay to the Commonwealth an amount equal to 110% of the difference between the amount agreed to under section 3203(d)(4) and the amount of qualified rehearsal and tour expenses actually incurred by the recipient. The penalty shall be assessed and collected under Article II of the Tax Reform Code.
12 Pa.C.S. § 5614 — PA Code / Title 12 / Chapter 56 / Section 5614
Excess balance from sale.
Status: in_force

In the event of a sale under this chapter, the owner may satisfy the lien from the proceeds of the sale, but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within six months of the date of the sale, the balance shall be deemed to be abandoned and unclaimed property subject to the custody and control of the occupant under Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, and the owner shall report and pay the balance to the State Treasurer. The State Treasurer shall receive, hold and dispose of the balance in accordance with Article XIII.1 of The Fiscal Code.
12 Pa.C.S. § 2911 — PA Code / Title 12 / Chapter 29 / Section 2911
Reports to General Assembly.
Status: in_force

(a) Annual reports.--On or before September 1 of each year, the authority shall provide a report to the Secretary of the Senate and to the Chief Clerk of the House of Representatives. The report shall describe all relevant activities of the

authority pursuant to this chapter and shall include the following:

(1) List of business enterprises receiving loans from the fund and the amounts and terms of this assistance.

(2) Loan amounts repaid. Information under this paragraph may be reported in the aggregate.

(3) Loans outstanding, balances due and any penalties imposed. Information under this paragraph may be reported in the aggregate.

(4) Jobs created by businesses receiving funds in previous years. Information under this paragraph may be reported in the aggregate.

(5) Other relevant information as determined by the authority.

(b) Availability of departmental reports.--Reports prepared by the secretary under section 2906(e) (relating to application and administration) shall be made available upon request to members of the General Assembly. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014) Effective Date. Section 6(1)(i) of Act 12 of 2004 provided that section 2911 shall take effect upon publication of the guidelines required by section 2912.
12 Pa.C.S. § 3006 — PA Code / Title 12 / Chapter 30 / Section 3006
Loans for industrial development projects.
Status: in_force

The authority may contract to loan an amount not to exceed 50% of the cost of establishing an industrial development project, subject to the following conditions:

(1) Before making the loan, the authority shall determine that:

(i) the borrower is responsible to assume all obligations imposed by the authority in connection with the project, financial or otherwise, and to undertake the operation of the project; and

(ii) the borrower has obtained from other independent and responsible sources a firm commitment

for any funds which, in addition to the loan and any other property or assets held by the borrower, are necessary for the completion and operation of the project.

(2) The authority shall determine the interest rate and repayment period of the loan.

(3) The loan must be evidenced by note of the borrower, and secured by a mortgage on the project for which the loan was made, subordinate only to the mortgage securing the first lien obligation issued to secure the commitment of funds provided to pay the cost of the project from the independent and responsible sources, and used in the financing of the project.

(4) The authority may require additional security as it may deem necessary.
12 Pa.C.S. § 1503 — PA Code / Title 12 / Chapter 15 / Section 1503
Pennsylvania-Ireland Trade Commission Fund.
Status: in_force

(a) Establishment and purposes.--The Pennsylvania-Ireland Trade Commission Fund is established as a nonlapsing fund within the State Treasury to accept financial assets to defray the administrative expenses of the commission and implement and administer the provisions of this chapter.

(b) Operation.--

(1) All money deposited into the fund and interest and other earnings on the money in the fund are appropriated on a continuing basis to the commission for the purposes described in subsection (a).

(2) Any money remaining in the fund at the end of each fiscal year, including interest and other earnings, shall not revert to the General Fund but shall remain in the fund. (Oct. 29, 2024, P.L.1056, No.116, eff. imd.) 2024 Amendment. Act 116 added section 1503. Cross References. Section 1503 is referred to in section 1501 of this title.
12 Pa.C.S. § 4302 — PA Code / Title 12 / Chapter 43 / Section 4302
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Alternative energy system." Energy generated from alternative energy sources as defined under the act of November 30, 2004 (P.L.1672, No.213), known as the Alternative Energy Portfolio Standards Act. In addition to these energy sources, programs may recognize alternative energy sources not included in the Alternative Energy Portfolio Standards Act when approving qualified project applications.

"Assessment." A charge against the real property within a district which is levied and collected by the county or municipality that establishes the district.

"Bond." The term includes any public or private financing note, mortgage, loan, deed of trust, instrument, refunding note or other evidence of indebtedness or obligation used to finance a qualified project.

"Business." A corporation, partnership, sole proprietorship, limited liability company, business trust or other commercial entity.

"Clean energy project." A project which does any of the following:

(1) Replaces or supplements an existing energy system that utilizes nonrenewable energy with an energy system that utilizes alternative energy.

(2) Facilitates the installation of an alternative energy system in an existing building or a major renovation of a building.

(3) Facilitates the retrofit of an existing building to meet high-performance building standards.

(4) Installs equipment to facilitate or improve energy conservation or energy efficiency, including heating and cooling equipment and solar thermal equipment.

"District." An area or group of real properties within a municipality or county, designated by the municipality or county for the purpose of establishing a property assessed clean energy program.

"Financial institution." Any person who in the ordinary course of business extends credit based on a lien, mortgage or security interest in qualifying commercial property or an encumbrance of qualifying commercial property or relies upon a lien, mortgage or security interest in qualifying commercial property or an encumbrance of qualifying commercial property to secure a current, contingent or future payment obligation. The term includes, but is not limited to, the following:

(1) A bank, savings association, trust company, credit union or a subsidiary or affiliate of a bank, savings association, trust company or credit union.

(2) A person engaged in the mortgage lending business subject to or exempt from licensing under 7 Pa.C.S. Ch. 61 (relating to mortgage loan industry licensing and consumer protection).

(3) A person subject to or exempt from licensing under the act of February 19, 1980 (P.L.15, No.9), known as the Real Estate Licensing and Registration Act.

(4) A person registered as a management company or unit investment trust or treated as a business development company under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.) or is excluded from registration under the Investment Company Act of 1940.

(5) An insurance company.

(6) A pension or employee health and welfare fund.

(7) An association engaged in construction or the development or improvement of qualifying commercial property.

(8) A condominium or cooperative association or planned community association.

(9) A Federal, State or local agency, authority or an instrumentality of a government entity that is engaged in the financing or supports the financing of real estate development or the purchase or improvement of real estate.

"Indoor air quality project." A project which improves the rated performance of indoor air quality by reducing exposure to indoor airborne contaminants.

"Local financing." A bond provided or facilitated by a municipality, county, district, economic development corporation, related authority or any government-sponsored entity. This term does not include general obligation bonds.

"Owner financing." A bond provided by a qualifying commercial property owner or a third-party provider. This term may include a power purchase agreement.

"Power purchase agreement." A financial arrangement in which a third party owns, operates and maintains a permanently affixed energy generation unit for a property owner and the property owner purchases power from the third party at agreed-upon rates in the arrangement. The third party would have the ability to finance its equipment acquisitions with an assessment under a property assessed clean energy program.

"Program." A property assessed clean energy program established under this chapter.

"Property assessed clean energy program." A means of financing qualified projects in a district through an assessment.

"Qualified party." A contractor or subcontractor that meets the following standards:

(1) Possesses all technical qualifications and resources, including equipment, management, technical and craft labor personnel, and financial resources necessary to perform the contracted responsibilities, or will obtain the contracted responsibilities through the use of qualified subcontractors.

(2) Possesses all valid, current licenses, registrations or other certificates required for the contractor or its employees by Federal, State or local law necessary for the type of work required for the project.

(3) Does not have any outstanding liability to the locality in the form of tax obligations, fines or other fees, unless the contractor or subcontractor has entered into and is in compliance with a payment agreement with the locality for such taxes, fines or fees.

(4) Meets all bonding requirements, as required by applicable law or contract specifications, and all insurance requirements as required by applicable law or contract specifications, including general liability insurance, workers' compensation insurance and unemployment insurance requirements.

"Qualified project." The installation or modification of a permanent improvement fixed to a qualifying commercial property that is a clean energy project, resiliency improvement project, indoor air quality project, water conservation project or alternative energy system and the installation is performed by a qualified party in a district. The term includes installation of alternative energy-generating equipment affixed to the land or building.

"Qualifying commercial property." As follows:

(1) Any real property that is agricultural, commercial, industrial or multifamily housing with five or more units owned by an individual, partnership, limited liability corporation, corporation or nonprofit.

(2) The term does not include any residential property, except for a commercial, multifamily rental property or mixed-use property which contains no less than five residential units.

"Real property." (Deleted by amendment).

"Resiliency improvement." Any fixture, product, system, equipment, device, material or interacting group, thereof intended to increase resilience or improve the durability of qualifying commercial property, needed to withstand natural disasters, including, but not limited to, flood mitigation, wind resistance, energy storage and microgrids, as defined by a local government.

"Water conservation project." A project that reduces the usage of water or increases the efficiency of water usage. (July 7, 2022, P.L.470, No.43, eff. 60 days) 2022 Amendment. Act 43 amended the defs. of "financial institution," "owner financing" and "qualified project," added the defs. of "indoor air quality project," "qualifying commercial property" and "resiliency improvement" and deleted the def. of "real property."
12 Pa.C.S. § 6101 — PA Code / Title 12 / Chapter 61 / Section 6101
Scope of part.
Status: in_force

This part relates to consumer credit.
12 Pa.C.S. § 2109 — PA Code / Title 12 / Chapter 21 / Section 2109
Guidelines.
Status: in_force

The department shall develop written guidelines for the program. The guidelines shall do all of the following:

(1) Limit grant size for any single project.

(2) Clarify eligible uses of grants.

(3) Clarify standards for eligibility.

(4) Require geographic diversity of funded projects.
12 Pa.C.S. § 4305 — PA Code / Title 12 / Chapter 43 / Section 4305
Scope of work.
Status: in_force

(a) Requirement.--A program shall require for each proposed clean energy project and water conservation project a scope of work, energy baseline or water usage baseline and the projected energy savings or water usage reductions in order to establish the viability of the qualified project and the projected energy savings or water usage reductions.

(b) Verification of completion.--After a qualified project is completed, the municipality or county shall obtain verification from the qualifying commercial property owner and from an independent professional inspector or building code official that the qualified project was properly completed. (July 7, 2022, P.L.470, No.43, eff. 60 days)
12 Pa.C.S. § 2101 — PA Code / Title 12 / Chapter 21 / Section 2101
Scope.
Status: in_force

This chapter relates to the Opportunity Grant Program.
12 Pa.C.S. § 5113 — PA Code / Title 12 / Chapter 51 / Section 5113
Uniformity of application and construction.
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Dec. 22, 2017, P.L.1249, No.78, eff. 60 days) 2017 Amendment. Act 78 added section 5113. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
12 Pa.C.S. § 6253 — PA Code / Title 12 / Chapter 62 / Section 6253
Legal proceedings.
Status: in_force

(a) When to commence action.--If repossession and sale of a motor vehicle subject to an installment sale contract or its collateral security is effected by legal process, the holder may commence legal proceedings immediately upon the buyer's default or breach of the contract.

(b) Rights and duties of buyer.--In a proceeding under subsection (a), the buyer shall receive notice, have the rights and be liable for the costs of suit and reasonable attorney fees as provided by the laws of this Commonwealth governing legal proceedings.
12 Pa.C.S. § 2303 — PA Code / Title 12 / Chapter 23 / Section 2303
Establishment.
Status: in_force

There is established a program to be known as the Small Business First Program. The program shall be administered by the authority and provide loans to eligible persons for certain projects which encourage job-creating and job-preserving economic development within this Commonwealth. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014) Cross References. Section 2303 is referred to in section 2302 of this title.
12 Pa.C.S. § 6313 — PA Code / Title 12 / Chapter 63 / Section 6313
Prepayment of obligation.
Status: in_force

(a) Right to prepay.--Notwithstanding the provisions of a closed-end credit agreement or an open-end credit agreement, a buyer may prepay without additional charge at any time all or part of the time balance under the agreement.

(b) Refund credit.--

(1) Pursuant to a closed-end credit agreement and subject to this chapter, the seller or holder may accelerate the balance due on the agreement but shall provide a refund credit calculated as of the date of the acceleration if:

(i) the finance charges had been computed and added to the unpaid balance at the time the agreement was entered into; and

(ii) the entire time balance under the agreement is prepaid prior to maturity.

(2) The amount of the refund credit shall be computed by the actuarial method.

(3) If the amount of the refund credit is less than $1, a refund does not need to be made. Cross References. Section 6313 is referred to in section 6327 of this title.
12 Pa.C.S. § 502 — PA Code / Title 12 / Chapter 5 / Section 502
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Council." The Small Business Council established under section 503 (relating to Small Business Council).

"Executive agency." The Governor and the departments, boards, commissions, authorities and other officers and agencies of the Commonwealth. The term does not include any court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies or any independent agency or State-affiliated entity.

"Small business." A person that employs fewer than 100 employees.
12 Pa.C.S. § 6262 — PA Code / Title 12 / Chapter 62 / Section 6262
Procedures for manufactured homes.
Status: in_force

(a) Notice.--

(1) A holder of an installment sale contract for a manufactured home shall give the buyer notice under this subsection before the holder takes any of the following actions:

(i) Accelerates the maturity of the installment sale contract for the manufactured home.

(ii) Commences a legal action to recover under the contract.

(iii) Takes possession of any collateral of the buyer for the obligation.

(2) Notice of the intention to take an action under paragraph (1) shall be in writing and:

(i) Sent to the buyer at least 30 days in advance of the action by registered or certified mail at the address where the manufactured home is located.

(ii) Clearly and conspicuously state the following:

(A) The particular obligation or security interest.

(B) The nature of the default claimed.

(C) The right of the buyer to cure the default as provided in this section and exactly what performance, including the sum of money, that must be tendered to cure the default.

(D) The right of the buyer to cure the default at any time before title to the manufactured home is lawfully transferred from the buyer, which shall be at least 45 days after receipt of the notice.

(E) The method by which the buyer's ownership or possession of the manufactured home may be terminated.

(3) Notice under this subsection shall not be required if the buyer has abandoned or voluntarily surrendered the property that is the subject of the contract.

(b) Cure of default.--

(1) Notwithstanding any other provision of law, the buyer of a manufactured home under an installment sale contract or another person on the buyer's behalf may cure the buyer's default and prevent the sale or other disposition of the manufactured home and avoid acceleration:

(i) After the notice under subsection (a) has been given.

(ii) At any time before title to the manufactured home is lawfully transferred from the buyer, which shall be at least 45 days after the buyer's receipt of the notice.

(iii) Not more than three times in a calendar year.

(iv) By tendering the amount or performance specified in this section.

(2) To cure a default under this subsection, the buyer shall take the following actions:

(i) Pay by cash, cashier's check or certified check all sums which would have been due at the time of payment, in the absence of default or exercise of an acceleration clause.

(ii) Perform any other obligation which the buyer would have been bound to perform, in the absence of default or exercise of an acceleration clause.

(iii) Pay reasonable fees allowed under subsection

(d) and reasonable costs of proceeding to commence legal action as specified in writing by the holder and actually incurred to the date of payment.

(iv) Pay a reasonable late penalty, if provided for in the contract.

(v) Pay the costs that are reasonable and actually incurred by the holder for detaching and transporting the manufactured home to the site of the sale.

(3) The cure of a default under this subsection shall restore the buyer to the same position as if the default had not occurred.

(c) Prepayment.--An obligation under an installment sale contract for a manufactured home may be prepaid without penalty or other charge for prepayment at any time before the end of the period of the loan.

(d) Attorney fees.--A holder of an installment sale contract for a manufactured home may not contract for or receive attorney fees from the buyer except as follows:

(1) Upon commencement of legal action regarding the contract, attorney fees that are reasonable and actually incurred by the holder may be charged to the buyer.

(2) Prior to commencement of legal action regarding the contract, attorney fees may be charged if they are:

(i) Reasonable and actually incurred.

(ii) Not in excess of $150.

(iii) Incurred after the 30-day notice period under subsection (a).

(e) Waiver prohibited.--Notwithstanding any other provision of law, a person may not waive the provisions of this section by an oral or written agreement.

(f) Applicability.--Notwithstanding this section, the act of November 24, 1976 (P.L.1176, No.261), known as the Manufactured Home Community Rights Act, shall govern procedures regarding abandoned manufactured homes.
12 Pa.C.S. § 6271 — PA Code / Title 12 / Chapter 62 / Section 6271
Operating without license.
Status: in_force

(a) Prohibition; penalty.--An entity or individual under subsection (b) engaging in business in this Commonwealth as an installment seller, sales finance company or collector-repossessor without having obtained a license under this chapter commits a violation of this chapter and shall, upon conviction, be sentenced at the discretion of the court to either or both of the following:

(1) Pay a fine of not less than $2,000 nor more than $10,000.

(2) Imprisonment for not more than three years.

(b) Applicability.--Subsection (a) applies to the following:

(1) A person, partnership, association, business corporation, financial institution, nonprofit corporation, common law trust, joint stock company or any other group of individuals, however organized.

(2) An owner, partner, member, officer, director, trustee, employee, agent, broker or representative of an entity under paragraph (1). Cross References. Section 6271 is referred to in section 6217 of this title.
12 Pa.C.S. § 2107 — PA Code / Title 12 / Chapter 21 / Section 2107
Penalty.
Status: in_force

(a) Imposition.--Except as provided in subsection (b), the department shall impose a penalty upon a recipient for any of the following:

(1) Failing to create the number of jobs specified in the recipient's application.

(2) Failing to inject the required amount of private matching funds into the project.

(3) Failing to operate at the project site for a minimum period of five years.

(b) Exception.--The department may waive the penalty required by subsection (a) if the department determines that the failure was due to circumstances outside the control of the recipient.

(c) Amount.--The amount of the penalty shall be equal to the full amount of the grant received plus an additional amount of up to 10% of the amount of the grant received. The penalty shall be payable in one lump sum or in installments, with or without interest, as the department deems appropriate.
12 Pa.C.S. § 6228 — PA Code / Title 12 / Chapter 62 / Section 6228
Prohibited provisions.
Status: in_force

An installment sale contract may not contain any of the following:

(1) Blank spaces to be filled in after the contract has been signed, except regarding serial numbers or other identifying marks that are not available for description of the motor vehicle at the time of execution of the contract.

(2) An acceleration clause under which all or part of the time balance represented by payments not yet matured may be declared immediately payable because the installment seller or holder deems itself to be insecure. This paragraph does not apply to an acceleration clause authorizing the seller or holder to declare the entire time balance due and payable in case of any of the following:

(i) The buyer's default in the payment of one or more installment payments.

(ii) The buyer's failure to pay taxes levied against the motor vehicle.

(iii) The buyer's failure to furnish proof of payment of taxes levied against the motor vehicle.

(iv) Use of the motor vehicle for illegal purposes.

(v) The buyer's filing for bankruptcy.

(vi) The buyer's default in the payment of a cross-collateralized obligation.

(vii) The buyer's intentionally providing fraudulent and misleading information on a credit application.

(3) A provision authorizing a person acting on behalf of the seller or holder to enter upon the premises of the buyer unlawfully or to commit a breach of the peace in the repossession of the motor vehicle or collateral security.

(4) A provision whereby the buyer waives a right of action against the seller, holder, collector-repossessor or other person acting on behalf of the holder for an illegal act committed in the collection of payments under the contract or in the repossession of the motor vehicle or collateral security.

(5) A provision whereby the buyer executes a power of attorney appointing the seller, the holder, a collector-repossessor or the agent of any of them as the buyer's agent in the collection of payments under the contract or in the repossession of the motor vehicle or collateral security. This paragraph does not apply to a power of attorney issued by the buyer to an attorney at law to be used only in the collection of the obligation by legal process.

(6) A provision relieving the holder or other assignee from liability for legal remedies that the buyer may have had against the seller under the contract or a separate instrument executed in connection with the contract.

(7) A provision requiring or entailing the execution of a note or series of notes by the buyer, which when separately negotiated will extinguish as to third parties a right of action or defense that the buyer may have against the original seller.
12 Pa.C.S. § 1927 — PA Code / Title 12 / Chapter 19 / Section 1927
Explanatory Note.
Status: in_force

Act 14 added Chapter 53 of Title 12 and amended section 3930 of Title 18. § 4. Misappropriations occurring prior to Act 14. This act shall not apply to misappropriation occurring prior to the effective date of this act, including a continuing misappropriation that began prior to the effective date of this act and which continues to occur after the effective date of this act. 2004, NOVEMBER 30, P.L.1708, NO.218

§ 6. Applicability. The following shall apply:

(1) In order to facilitate the repair or rehabilitation of existing water and wastewater systems, the Commonwealth shall, by December 31, 2005, incur not less than $50,000,000 nor more than $100,000,000 of additional debt from the debt authorized under the act of March 16, 1992 (P.L.10, No.5), known as the Small Water Systems Assistance Act, and approved by the electorate at the April 28, 1992, General Election. The additional debt shall be incurred by the issuance of general obligation bonds issued in accordance with section 17 of the act of March 1, 1988 (P.L.82, No.16), known as the Pennsylvania Infrastructure Investment Authority Act.

(2) Proceeds from the sale of bonds required by paragraph (1) shall be transferred to the Pennsylvania Infrastructure Investment Authority.

(3) The Pennsylvania Infrastructure Investment Authority shall use the proceeds from the sale of bonds required by paragraph (1) to finance projects of existing water and wastewater systems which, when complete, do any of the following:

(i) Repair, rehabilitate or modernize existing water or wastewater systems to meet environmental or public health standards.

(ii) Eliminate existing combined or sanitary wastewater overflow problems.

(iii) Construct water or wastewater infrastructure to improve public health or eliminate environmental concerns.

(iv) Construct wastewater infrastructure utilizing nutrient reduction technology. Explanatory Note. Act 218 amended or added sections 3402, 3404, 3405 and 3406 and Chapter 39 of Title 12. 2013, NOVEMBER 27, P.L.1081, NO.98
12 Pa.C.S. § 6261 — PA Code / Title 12 / Chapter 62 / Section 6261
Deficiency judgment.
Status: in_force

(a) General rule.--If the proceeds of a resale under section 6260 (relating to sale of motor vehicle after repossession) are not sufficient to defray the expenses regarding the repossessed motor vehicle, including the costs under section 6256 (relating to buyer's liability for costs), the net balance due on the installment sale contract and the amount of accrued late charges authorized by this chapter, the installment seller or holder may recover the deficiency from the buyer or from any person who has succeeded to the obligations of the buyer.

(b) Reasonable value.--

(1) The reasonable value of the motor vehicle at the time of resale shall be determined in an action or a proceeding brought by:

(i) the installment seller or holder to recover the deficiency; or

(ii) the buyer.

(2) The resale price of the motor vehicle is prima facie, but not conclusive, evidence of the reasonable value of the motor vehicle.

(3) The determined reasonable value or the resale price of the motor vehicle, whichever is higher, shall be credited against the buyer's indebtedness.

(c) Reasonable costs.--In an action or a proceeding for a deficiency, the buyer may have the reasonableness of the costs incurred determined under section 6256.

(d) Deficiency notice.--Within 30 days after the sale of a repossessed motor vehicle, the installment seller or holder shall deliver in person or send by registered or certified mail to the last known address of the buyer a deficiency notice containing the following:

(1) The sale price of the repossessed motor vehicle.

(2) The itemized costs associated with the repossession and sale of the repossessed motor vehicle.

(3) The amount of the deficiency owed by the buyer.

(e) Nonapplicability.--Subsections (b)(1)(ii) and (d) shall not apply to a deficiency on a resale that was held prior to the effective date of this section. Cross References. Section 6261 is referred to in section 6260 of this title.
12 Pa.C.S. § 5112 — PA Code / Title 12 / Chapter 51 / Section 5112
Supplementary provisions.
Status: in_force

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating cause, supplement its provisions. (Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

2017 Amendment. Act 78 renumbered former section 5110 to section 5112. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
12 Pa.C.S. § 5304 — PA Code / Title 12 / Chapter 53 / Section 5304
Damages.
Status: in_force

(a) Monetary damages.--Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in

computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

(b) Exemplary damages.--If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection

(a).
12 Pa.C.S. § 6216 — PA Code / Title 12 / Chapter 62 / Section 6216
License renewal.
Status: in_force

An application for a license renewal shall have the following characteristics:

(1) The application shall be in writing, under oath and in the form prescribed by the department.

(2) The application shall be filed at least 15 days prior to October 1.

(3) The application shall include an update of the information under section 6212(b) and (c)(1) (relating to initial license application).

(4) The application shall be accompanied by the following:

(i) A new bond under the same provisions as set forth in section 6213 (relating to bond), which shall be filed annually at least 15 days prior to October 1.

(ii) A license fee under the same provisions as set forth in section 6214 (relating to license fees), which shall be paid annually on or before October 1 for each license and place of business.
12 Pa.C.S. § 4102 — PA Code / Title 12 / Chapter 41 / Section 4102
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Applicant." A person that files a notice and application in accordance with this chapter.

"Department." The Department of Community and Economic Development of the Commonwealth.

"Film." The term includes a feature film, television film, television pilot or each episode of a television series which is intended as programming for a national audience. The term does not include a production featuring:

(1) News, current events, weather and market reports.

(2) Public programming.

(3) Talk shows, game shows, sports events, awards shows or other gala events.

(4) A production that solicits funds.

(5) A production that primarily markets a product or service.

(6) A production containing obscene material or performances as defined in 18 Pa.C.S. § 5903(b) (relating to obscene and other sexual materials and performances).

(7) A production primarily for private, political, industrial, corporate or institutional purposes.

"Pennsylvania production expense." A production expense incurred in this Commonwealth. For the purposes of wages and salaries, the term includes only wages and salaries on which the taxes imposed by Article III or IV of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, have been paid or accrued.

"Production expense."

(1) An expense incurred in the production of a film. The term includes:

(i) The aggregate amount of wages and salaries of individuals each of whom receive less than $1,000,000 and are employed in the production of the film.

(ii) The costs of construction, operations, editing, photography, sound synchronization, lighting, wardrobe and accessories.

(iii) The cost of rental facilities and equipment.

(2) The term does not include expenses incurred in purchasing story rights, music rights, development costs, marketing or advertising a film.

"Program." The Film Production Grant Program established in section 4103 (relating to establishment).

"Qualified film production expense." A Pennsylvania production expense if at least 60% of the total production expenses are Pennsylvania production expenses.

"Recipient." A person who receives a grant under this chapter.

"Start date." The first day of principal photography in this Commonwealth.
12 Pa.C.S. § 6222 — PA Code / Title 12 / Chapter 62 / Section 6222
Contents.
Status: in_force

An installment sale contract shall contain the following:

(1) The full name and address of all the parties to the contract.

(2) The date that the buyer signed the contract.

(3) A description of the motor vehicle sold, which shall be sufficient for accurate identification.

(4) The notice under section 6223 (relating to notice).

(5) The following items in writing and in a clear and conspicuous manner, with each component of each subparagraph listed separately:

(i) The purchase price of the motor vehicle, which shall include the following:

(A) Taxes.

(B) Charges for delivery.

(C) Charges for servicing, repairing or improving the motor vehicle.

(D) Charges for a service contract, which:

(I) shall appear as separate items after the following or substantially similar words, which shall be boldface, underlined, adjacent to the purchase price and in type print size not smaller than that used for all item categories: "including optional service contracts and/or extended warranties in the amount of"; or (II) may be separately included as "other charges" under subparagraph (v).

(E) Charges for accessories and installation.

(F) Other charges normally included in the delivered purchase price of a motor vehicle.

(ii) The down payment made by the buyer at the time of or prior to execution of the contract, which shall separately indicate the extent to which it is made in cash or represented by either or both of the following:

(A) The agreed-upon value of a trade-in motor vehicle, along with a description of the trade-in sufficient for accurate identification.

(B) Other goods.

(iii) The unpaid purchase price balance, which is the difference between the following:

(A) The purchase price under subparagraph (i).

(B) The down payment under subparagraph (ii).

(iv) Insurance charges, the payment for which the seller agrees to extend credit to the buyer, which shall set forth the term of insurance, a concise description of the coverage and the amount of the premium.

(v) Other charges necessary or incidental to the sale or financing of a motor vehicle:

(A) which the seller contracts to retain, receive or pay on behalf of the buyer; or

(B) for which the seller agrees to extend credit to the buyer as authorized by this chapter, including charges for a debt cancellation agreement and debt suspension agreement.

(vi) The principal amount financed, which is the sum of the following:

(A) The unpaid purchase price balance under subparagraph (iii).

(B) The insurance charges under subparagraph

(iv).

(C) The other charges under subparagraph (v).

(D) Amounts representing payment of a prior credit or lease balance to discharge a security interest, lien or lease interest on a motor vehicle or other property traded or returned.

(vii) The finance charge, which is the consideration in excess of the purchase price under subparagraph (i), excluding insurance charges under subparagraph (iv) and other charges under subparagraph (v), and which the buyer agrees to pay to the seller for the privilege of purchasing the motor vehicle under the installment sale contract.

(viii) The time balance, which represents the total obligation of the buyer and which is the sum of the following:

(A) The principal amount financed under subparagraph (vi).

(B) The finance charge under subparagraph (vii).

(ix) The payment schedule, which shall state the number, amount and timing of the payments required to liquidate the time balance.

(6) A description that reasonably identifies collateral security in which a security interest is provided to secure the buyer's obligation pursuant to 13 Pa.C.S. § 9108 (relating to sufficiency of description), including the motor vehicle and other collateral.

(7) A summary notice of the buyer's principal legal rights regarding prepayment of the contract, rebate of finance charge and reinstatement of the contract in the event of repossession and notice of the right to receive the statement of account under section 6230(a) (relating to statement of account to buyer).

(8) Specific provisions regarding the following:

(i) The holder's right to accelerate the maturity of the contract upon default or other breach of contract.

(ii) The buyer's liability respecting nonpayment.

(iii) The dollar or percentage amount of late charges that may be imposed due to a late payment, other than a deferral or extension charge.

(iv) Repossession and sale of the motor vehicle, in case of default or other breach of contract.

(9) The following statement: If you encounter a problem, you may have additional rights under the Unfair Trade Practices and Consumer Protection Law, which is enforced by the Pennsylvania Office of Attorney General, Bureau of Consumer Protection. Cross References. Section 6222 is referred to in sections 6224, 6226, 6233, 6243 of this title.
12 Pa.C.S. § 1507 — PA Code / Title 12 / Chapter 15 / Section 1507
Fiduciary relationship.
Status: in_force

The members of the commission shall stand in a fiduciary relationship with the Commonwealth and the commission as to the financial assets of the commission. (Oct. 29, 2024, P.L.1056, No.116, eff. imd.) 2024 Amendment. Act 116 added section 1507.
12 Pa.C.S. § 1505 — PA Code / Title 12 / Chapter 15 / Section 1505
Meetings.
Status: in_force

The commission shall meet quarterly and hold hearings as necessary at the places it designates within this Commonwealth. (Oct. 29, 2024, P.L.1056, No.116, eff. imd.) 2024 Amendment. Act 116 added section 1505.
12 Pa.C.S. § 5502 — PA Code / Title 12 / Chapter 55 / Section 5502
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Business associate." A person that is a customer or supplier of goods or services to or for the benefit of a legitimate cannabis-related business or an officer or director, owner, operator, shareholder, member, employee, agent or financial backer of a legitimate cannabis-related business.

"Cannabis." Any substance defined as "marihuana" by section 102 of the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236) or section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. The term shall include hemp.

"Cannabis product." A product that contains cannabis, a cannabis extract or a cannabis concentrate, including, but not limited to, edible products, beverages, topicals, ointments, oils, tinctures, capsules, pills, suppositories, inhaled products, a hemp-derived cannabinoid product or a medical marijuana product as defined in section 103 of the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act.

"Depository institution." As follows:

(1) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (64 Stat. 873, 12 U.S.C. § 1811 et seq.);

(2) a Federal credit union as defined in section 101 of the Federal Credit Union Act (48 Stat. 1216, 12 U.S.C. § 1751 et seq.); or

(3) a State credit union as defined in section 101 of the Federal Credit Union Act.

"Federal financial regulatory agency." The term includes the Federal Reserve System, the United States Treasury, the Comptroller of the Currency, the National Credit Union Administration, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission and the Consumer Financial Protection Bureau.

"Financial institution." A depository institution, trust company, licensee, a person subject to the jurisdiction of a Federal financial regulatory agency or a person subject to the jurisdiction of the Department of Banking and Securities under the act of December 5, 1972 (P.L.1280, No.284), known as the Pennsylvania Securities Act of 1972.

"Financial service."

(1) The term includes a financial product or service:

(i) as defined by section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203, 12 U.S.C. § 5301 et seq.), regardless of whether the customer receiving the product or service is a consumer or a commercial entity; or

(ii) permitted to be provided under the authority of:

(A) a national bank or a financial subsidiary under 12 U.S.C. §§ 24 (42 Stat. 767), 24a (113 Stat. 1373) and 92a (76 Stat. 668);

(B) a Federal credit union under the Federal Credit Union Act;

(C) an incorporated institution under the act of November 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965;

(D) a credit union under 17 Pa.C.S. (relating to credit unions);

(E) a person registered, or exempt from registration, to offer or sell any security, or to act as a broker, dealer, transfer agency, clearing agency or investment company under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.);

(F) a person registered, or exempt from registration, to:

(I) offer or sell any security, under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.); (II) act as an exchange, a broker, dealer, transfer agent or clearing agent under the Securities Exchange Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.); (III) act as an investment adviser under the Investment Advisers Act of 1940 (54 Stat. 847, 15 U.S.C. § 80b-1 et seq.); or (IV) act as an investment company under the Investment Company Act of 1940; or

(G) a person acting as a broker-dealer, agent, investment adviser or investment adviser representative in this Commonwealth under the Pennsylvania Securities Act of 1972.

(2) The term includes a service, whether performed directly or indirectly, authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting or otherwise effectuating or facilitating the payments of funds, where funds payments or funds are made or transferred by any means, including by the use of credit cards, debit cards or other access devices, accounts, original or substitute checks or electronic funds transfers.

"Hemp." As defined under section 297A of the Agricultural Marketing Act of 1946 (60 Stat. 1087, 7 U.S.C. § 1621 et seq.).

"Insurance service." A service authorized to be provided by an insurer in this Commonwealth.

"Insurer." An entity or person authorized by the Insurance Department to transact the business of insurance in this Commonwealth or designated as an eligible surplus lines insurer as defined in section 1602 of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921. The term includes a person licensed by the Insurance Department to sell, solicit or negotiate insurance, and that person's officers, directors, agents and employees.

"Legitimate cannabis-related business." A person that participates in any business or organized activity that involves handling cannabis or a cannabis product, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing or purchasing cannabis or a cannabis product in compliance with Federal law, the laws of this Commonwealth or a law established by another state.

"Licensee." A person defined as a licensee by section 2 of the act of May 15, 1933 (P.L.565, No.111), known as the Department of Banking and Securities Code.

"State." Any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa or the United States Virgin Islands or any federally recognized Indian tribe as defined by the Secretary

of the Interior under section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (Public Law 103-454, 25 U.S.C. § 479a-1).

"Trust company." The term includes:

(1) a national bank authorized to exercise trust powers as authorized by 12 U.S.C. § 92a;

(2) a trust company as defined by section 102 of the Banking Code of 1965; or

(3) an interstate bank as defined in section 102 of the Banking Code of 1965 authorized to exercise the powers of a trust company in this Commonwealth.
12 Pa.C.S. § 6209 — PA Code / Title 12 / Chapter 62 / Section 6209
Applicability.
Status: in_force

(a) Consumer discount companies.--The provisions of this chapter do not affect or impair a business conducted lawfully under a license issued under the act of April 8, 1937 (P.L.262, No.66), known as the Consumer Discount Company Act.

(b) Other extensions of credit.--The provisions of this chapter do not apply to an extension of credit for the purchase of a motor vehicle, including the financing of other costs or charges necessary or incidental to the sale or financing of a motor vehicle, made under the act of November 30, 1965 (P.L.847, No.356), known as the Banking Code of 1965.
12 Pa.C.S. § 4107 — PA Code / Title 12 / Chapter 41 / Section 4107
Penalty.
Status: in_force

(a) Imposition.--Except as provided in subsection (b), the department shall impose a penalty upon a recipient for violation of the contract required by section 4106 (relating to approval).

(b) Exception.--The department may waive the penalty required by subsection (a) if the department determines that the failure was due to circumstances outside the control of the recipient.

(c) Amount.--The amount of the penalty shall be equal to the full amount of the grant received plus an additional amount of up to 10% of the amount of the grant received. The penalty shall be payable in one lump sum or in installments, with or without interest, as the department deems appropriate.
12 Pa.C.S. § 6 — PA Code / Title 12 / Chapter 6 / Section 6
Continuation of prior law.
Status: in_force

The addition of 12 Pa.C.S. Ch. 56 is a continuation of the act of December 20, 1982 (P.L.1404, No.325), known as the Self-Service Storage Facility Act, and the following shall apply:

(1) Except as otherwise provided in 12 Pa.C.S. Ch. 56, all activities initiated under the Self-Service Storage Facility Act shall continue and remain in full force and effect and may be completed under 12 Pa.C.S. Ch. 56. Resolutions, orders, regulations, rules and decisions which were made under the Self-Service Storage Facility Act and which are in effect on the effective date of section 5(2) of this act shall remain in full force and effect until revoked, vacated or modified under 12 Pa.C.S. Ch. 56. Contracts, obligations and agreements entered into under the Self-Service Storage Facility Act are not affected nor impaired by the repeal of the Self-Service Storage Facility Act.

(2) Except as specified in paragraph (3), any difference in language between 12 Pa.C.S. Ch. 56 and the Self-Service Storage Facility Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of the Self-Service Storage Facility Act.

(3) Paragraph (2) does not apply to the addition of the following provisions of Title 12 of the Pennsylvania Consolidated Statutes:

(i) The phrase "whether or not delivered and accepted electronically" in the definition of "rental agreement" in section 5602.

(ii) Section 5606(b) and (c).

(iii) Section 5614.

(iv) Section 5617.

(v) Section 5618. Explanatory Note. Act 51 amended or added sections 3202, 3203, 3205 and Chapter 56 of Title 12.
12 Pa.C.S. § 3906 — PA Code / Title 12 / Chapter 39 / Section 3906
Funds.
Status: in_force

(a) Proceeds.--Proceeds of the borrowing authorized by the electors pursuant to the act of February 12, 2004 (P.L.72, No.10), known as the Water and Wastewater Treatment Project Bond Act, shall be deposited in the fund.

(b) Fund.--

(1) The Water Supply and Wastewater Treatment Fund is established as a restricted fund in the State Treasury.

(2) The fund shall be used in accordance with the following:

(i) $200,000,000 shall be used by the department to fund grants and loans in accordance with this chapter.

(ii) $50,000,000 shall be used by the Pennsylvania Infrastructure Investment Authority to finance projects of existing water and wastewater systems which, when complete, do any of the following:

(A) Repair, rehabilitate or modernize existing water or wastewater systems to meet environmental or public health standards.

(B) Eliminate existing combined or sanitary wastewater overflow problems.

(C) Construct water or wastewater infrastructure to improve public health or eliminate environmental concerns.

(D) Construct wastewater infrastructure utilizing nutrient reduction technology.

(c) Sinking Fund.--The Water Supply and Wastewater Treatment Sinking Fund is established to make principal and interest

payments under section 3907(d) (relating to Commonwealth indebtedness). Cross References. Section 3906 is referred to in section 3902 of this title.
12 Pa.C.S. § 9801 — PA Code / Title 12 / Chapter 98 / Section 9801
Assembled industrial plant doctrine abolished.
Status: in_force

(a) General rule.--The assembled industrial plant doctrine, sometimes referred to as the integrated industrial plant doctrine or the integrated industrial mortgage doctrine, is abolished. Whether personal property placed or installed in an industrial, commercial or other establishment is a fixture shall be determined by other law.

(b) Eminent domain not affected.--Subsection (a) shall not be construed to affect the application of the assembled economic unit doctrine in the context of eminent domain.

(c) Applicability.--This section shall not apply to actions or proceedings commenced before the effective date of this section, nor shall it affect construction of a mortgage or other instrument creating an interest in real estate entered into before the effective date of this section. Subsection (a) shall not be construed to affirm the continuing applicability or scope of the assembled industrial plant doctrine before the effective date of this section. APPENDIX TO TITLE 12 COMMERCE AND TRADE ------- Supplementary Provisions of Amendatory Statutes ------- 1993, DECEMBER 3, P.L.479, NO.70
12 Pa.C.S. § 5612 — PA Code / Title 12 / Chapter 56 / Section 5612
Title to goods purchased.
Status: in_force

A purchaser in good faith of the personal property sold to satisfy the owner's lien takes the property free of any right of a person against whom the lien was valid, despite noncompliance by the owner with the requirements of this chapter.
12 Pa.C.S. § 2105 — PA Code / Title 12 / Chapter 21 / Section 2105
Review.
Status: in_force

The department shall review the application to determine if the applicant has met all of the criteria set forth in section 2104 (relating to application).
12 Pa.C.S. § 2910 — PA Code / Title 12 / Chapter 29 / Section 2910
Conflict of interest (Deleted by amendment).
Status: in_force

Amendment. Section 2910 was deleted by amendment October 22, 2014, P.L.2569, No.161, effective November 1, 2014.
12 Pa.C.S. § 3002 — PA Code / Title 12 / Chapter 30 / Section 3002
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agent." The term includes the Department of Community and Economic Development.

"Agricultural processor." An entity that adds value by subjecting one or more farm commodities to a process of manufacture, development or preparation for sale or a person that converts a farm product into a marketable form.

"Agricultural producer." A person or entity involved in the management and use of an agricultural operation for the production of a farm commodity.

"Agriculture." Any of the following:

(1) The management and use of an agricultural operation for the production of a farm commodity.

(2) The sale of a farm commodity at wholesale.

(3) The sale of a farm commodity at retail by an urban and rural supermarket in an underserved area or farmers' markets.

(4) An energy-related activity impacting production agriculture.

(5) An activity which implements best industry practices related to an agricultural waste product, agriculture by-product or fertilizer.

"Authority." The Pennsylvania Industrial Development Authority organized and existing under the act of May 17, 1956 (1955 P.L.1609, No.537), known as the Pennsylvania Industrial Development Authority Act.

"Board." The board of directors of the authority.

"Fund." The Industrial Development Fund.

"Industrial development project." A project sponsored by a certified economic development organization involving the acquisition or improvement of real property within this Commonwealth which will be occupied and operated by any of the following:

(1) An industrial enterprise.

(2) A manufacturing enterprise.

(3) A research and development enterprise.

(4) An agricultural producer.

(5) An agricultural processor.

"Industrial enterprise." An enterprise which has created or will create substantial employment opportunities. The term may include a warehouse, distribution and terminal facility and office building utilized as national or regional headquarters or computer or clerical operations centers. The term shall not include a mercantile, commercial or retail enterprise.

"Industrial park project." A project sponsored by a certified economic development organization for the purpose of creating sites for the establishment of two or more industrial development projects.

"Manufacturing enterprise." An enterprise which is engaged in the giving of a new shape, new quality or new combination to matter by the application of skill and labor.

"Multiple-tenancy building project." A project sponsored by a certified economic development organization involving the acquisition or construction of land, site, structure or facility for occupancy by two or more industrial enterprises, manufacturing enterprises, research and development enterprises, agricultural producers or agricultural processors.

"Program." The Pennsylvania Industrial Development Program established under section 3003 (relating to establishment).

"Research and development enterprise." An enterprise for the discovery of new and the refinement of known substances, processes, products, theories and ideas. The term does not include an enterprise activity directed primarily to the accumulation or analysis of commercial, financial or mercantile data.

(June 22, 2017, P.L.202, No.7, eff. imd.) 2017 Amendment. Act 7 added the def. of "agent."
12 Pa.C.S. § 3404 — PA Code / Title 12 / Chapter 34 / Section 3404
Application.
Status: in_force

An issuing authority may submit an application to the department requesting financial assistance for a project. The application must be on a form required by the department and must include all of the following:

(1) The name and address of the applicant.

(2) The name, address and state tax identification numbers of the project user.

(3) A description of the project. The description shall include all of the following:

(i) A detailed narrative describing the project and the project user.

(ii) A detailed statement of the cost of the project. The statement must include the amount and type of debt to be issued by the applicant for the project, the identity of the party responsible for repayment of the debt and the collateral or security to be provided.

(iii) A statement of the number of net new full-time jobs to be created by the project and the number of existing full-time jobs to be preserved by the project.

(4) A statement of the amount of grant funds being requested per year.

(5) A statement of the number of years a grant is being requested. If the applicant is requesting a grant for a project of a project user that is an industrial enterprise, retail enterprise, a research and development enterprise or a manufacturer, the request may not exceed ten years. If the applicant is requesting a grant for a project of a project user that is a hospital, convention center or hotel establishment, the request may not exceed 20 years.

(6) Financial information from the project user prepared or reported on by an independent certified public accountant projecting for the next three years all of the following:

(i) The sales or expected sales tax collected or to be collected by the project user from activities as a result of the project.

(ii) The expected hotel occupancy tax to be collected by the project user from activities as a result of the project.

(iii) The expected net increase in personal income tax withheld by the project user as an employer pursuant to Article III of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, from activities as a result of the project.

(7) Evidence of a firm commitment from the project user to use the project upon completion.

(8) (Deleted by amendment).

(9) Any other information required by the department. (Nov. 30, 2004, P.L.1708, No.218, eff. imd.) 2004 Amendment. Act 218 amended par. (5) and deleted par.

(8). Cross References. Section 3404 is referred to in section 3402 of this title.
12 Pa.C.S. § 3009 — PA Code / Title 12 / Chapter 30 / Section 3009
Reporting and inspection.
Status: in_force

(a) Inspection.--An applicant or a recipient shall, upon request, permit authorized employees of the authority or its agent to inspect the plant, books and records of the applicant or recipient.

(b) Updating.--An applicant or a recipient shall provide updated information to the authority and its agents if

conditions change or to the extent that the information originally given becomes inaccurate or misleading.

(c) Periodic reports.--A recipient shall provide the authority and its agents with periodic financial reports as the authority may require until the loan is repaid in full.

(d) Financial and performance audits.--A recipient shall annually submit to the authority, at the recipient's expense, an independent financial audit. If the audit reveals misconduct of a material nature on the part of the recipient, the authority shall take appropriate action.
12 Pa.C.S. § 3204 — PA Code / Title 12 / Chapter 32 / Section 3204
Determination of Pennsylvania rehearsal and tour expenses.
Status: in_force

(a) Determination.--When prescribing standards for determining which rehearsal or tour expenses are considered Pennsylvania rehearsal and tour expenses for purposes of computing the tax credit provided by this chapter, the department shall consider:

(1) The location where services are performed.

(2) The location where concert tour equipment is purchased, rented, delivered and used.

(3) The location where rehearsals or concerts are held.

(4) Other factors the department determines are relevant.

(b) Waiver.--The department may make a determination that the financial benefit to this Commonwealth resulting from the direct investment in or payments made to Pennsylvania rehearsal and concert facilities outweighs the benefit of maintaining the 60% Pennsylvania rehearsal expenses requirement contained in the definition of "qualified rehearsal and tour expense" under section 3202 (relating to definitions). If the determination is made, the department may waive the requirement that 60% of a tour's aggregate rehearsal expenses be comprised of Pennsylvania rehearsal expenses.
12 Pa.C.S. § 6225 — PA Code / Title 12 / Chapter 62 / Section 6225
Disclosure.
Status: in_force

If an installment seller retains a portion of the charge for a good or service provided by another person, the seller shall disclose that the seller may retain a portion of the charge.
12 Pa.C.S. § 2903 — PA Code / Title 12 / Chapter 29 / Section 2903
Establishment.
Status: in_force

There is established a program to be known as the Machinery and Equipment Loan Program. The program shall be administered by the authority and provide loans to business enterprises for machinery and equipment. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014) Effective Date. Section 6(1)(i) of Act 12 of 2004 provided that section 2903 shall take effect upon publication of the guidelines required by section 2912. Cross References. Section 2903 is referred to in section 2902 of this title.
12 Pa.C.S. § 6213 — PA Code / Title 12 / Chapter 62 / Section 6213
Bond.
Status: in_force

(a) Bond required.--A bond shall accompany each license application for a sales finance company and collector-repossessor.

(b) Form.--The bond shall be in the form prescribed by the department.

(c) Amount.--

(1) A bond for a sales finance company shall be in the amount of $10,000.

(2) A bond for a collector-repossessor shall be in the amount of $5,000.

(d) Execution.--

(1) Except as provided in paragraph (2), the bond shall be executed by a surety company authorized by the laws of this Commonwealth to transact business.

(2) If the bond accompanying a license application for a sales finance company is filed by a financial institution within this Commonwealth, the financial institution may execute the bond on its own behalf.

(3) The bond shall be executed to the Commonwealth.

(e) Purpose.--The bond shall be for the use of the Commonwealth and for any person aggrieved by the misconduct of the licensee.

(f) Condition.--The condition of the bond is that the licensee will:

(1) comply with and abide by the provisions of this chapter and the rules and regulations of the department; and

(2) pay to the Commonwealth, the department or a person all money due to each under the provisions of this chapter.

(g) Action on bond.--A person may maintain an action on the bond in a court having jurisdiction of the amount claimed if all the following occur:

(1) The person is aggrieved by the misconduct of a licensee.

(2) The person receives a judgment against the licensee for the misconduct.

(3) The person executes on the judgment.

(4) The department assents to the action on the bond. Cross References. Section 6213 is referred to in sections 6216, 6218, 6219 of this title.
12 Pa.C.S. § 6343 — PA Code / Title 12 / Chapter 63 / Section 6343
Late fees.
Status: in_force

(a) Closed-end credit agreement.--

(1) A closed-end credit agreement may provide for the payment by the buyer of a late fee on each installment in default for a period of not less than ten days in an amount not in excess of 5% of the installment or $10, whichever is less.

(2) Only one late fee may be collected on an installment regardless of the period that it remains in default.

(b) Open-end credit agreement.--A late fee may be assessed on an open-end credit agreement regarding each minimum payment not paid in full on the payment due date of the statement on which the minimum payment first appears. Cross References. Section 6343 is referred to in sections 6302, 6309, 6352, 6353 of this title.
12 Pa.C.S. § 6324 — PA Code / Title 12 / Chapter 63 / Section 6324
Agreement resulting from telephone or mail communications.
Status: in_force

(a) General rule.--A closed-end credit agreement that is negotiated and entered into by a buyer and seller by telephone or mail is permitted under this subchapter and subject to this section if:

(1) the seller did not personally solicit the sale; and

(2) a catalog or other printed solicitation that is generally available to the public clearly sets forth the

purchase price, time sale price and other terms regarding the sale of the goods or services.

(b) Applicability.--For a sale under this section, section 6323(a) (relating to copy of agreement) does not apply.

(c) Seller's completion of agreement.--If a seller under this section receives a closed-end credit agreement from a buyer and the agreement contains blank spaces, the seller may insert in the appropriate blank spaces the purchase price, time sale price and other terms regarding the sale of the goods or services, as set forth in the seller's current catalog or other printed solicitation.

(d) Copy of agreement or statement.--Prior to the due date of the first installment under the agreement, the seller shall furnish to the buyer either a legible and complete copy of the agreement or a written statement of the items inserted in the blank spaces described in subsection (c). Cross References. Section 6324 is referred to in section 6323 of this title.
12 Pa.C.S. § 6255 — PA Code / Title 12 / Chapter 62 / Section 6255
Personal property in repossessed motor vehicle.
Status: in_force

A buyer may reclaim personal property left in the repossessed motor vehicle within 30 days of the mailing of the notice under section 6254 (relating to notice of repossession). If personal property is left in the motor vehicle after the 30-day time period, the holder may dispose of the personal property in any manner that it chooses.
12 Pa.C.S. § 5602 — PA Code / Title 12 / Chapter 56 / Section 5602
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Default." Failure to perform timely an obligation or duty under this chapter or a rental agreement.

"Last known address." A postal address or email address provided by the occupant in a rental agreement or the postal address or email address provided by an occupant in a subsequent written notice of a change of address.

"Leased space." The individual storage space at a self-service storage facility leased or rented to an occupant under a rental agreement.

"Occupant." A person, or the person's sublessee, successor or assign, entitled to the use of leased space at a self-service storage facility under a rental agreement, to the exclusion of others.

"Owner." A person who owns, operates, leases or subleases a self-service storage facility, the person's agent or any other person authorized by the person to manage the facility or to receive rent from an occupant under a rental agreement or any of the person's employees. The term does not include:

(1) a person who is engaged in the business of storing goods for hire within the meaning of 13 Pa.C.S. Ch. 71 (relating to general); or

(2) a person who issues a warehouse receipt, bill of lading or other document of title for the personal property stored.

"Personal property." Movable property not affixed to land. The term includes goods, wares, merchandise, furniture and household items.

"Rental agreement." A written agreement or lease, whether or not delivered and accepted electronically, that establishes or modifies the terms, conditions, rules or other provisions concerning the use and occupancy of a self-service storage facility.

"Self-service storage facility." Real property designed and used for the purpose of renting or leasing individual storage space to occupants that are provided access to the space for the purpose of storing and removing personal property.

"Verified mail." A method of mailing that is offered by the United States Postal Service or private delivery service that provides evidence of mailing.
12 Pa.C.S. § 6244 — PA Code / Title 12 / Chapter 62 / Section 6244
Refinance charges.
Status: in_force

(a) General rule.--

(1) A holder of an installment sale contract may:

(i) extend the scheduled due date or defer the scheduled payment of all or part of an unpaid installment payment;

(ii) renew the unpaid time balance of the contract; or

(iii) contract for, receive and collect a refinance charge for an extension, deferment or renewal under subparagraphs (i) and (ii).

(2) A refinance charge for a motor vehicle under section 6243(d) and (e) (relating to finance charges) may not exceed the amount determined under this section.

(b) Rates and computation.--

(1) For a motor vehicle under section 6243(d)(1) and

(e), the refinance charge shall be determined by either of the following:

(i) Subject to subsection (c), the refinance charge on the amount of a refinanced full or partial installment payment for which each full or partial payment is extended or deferred may not exceed the equivalent of the following rates:

(A) One percent per month for a vehicle under section 6243(d)(1).

(B) One and one-half percent per month for a vehicle under section 6243(e)(1).

(C) Two percent per month for a vehicle under section 6243(e)(2).

(ii) Subject to subsection (d), the refinance charge on the amount obtained shall be determined by:

(A) Adding the unpaid time balance of the contract, insurance charges, other charges incidental to refinancing and unpaid late charges that may be accrued.

(B) Deducting a rebate that may be due to the buyer for prepayment incidental to refinancing, at the rate of the finance charge in the original contract, for the term of the renewal contract and subject to the provisions of this chapter governing computation of the original finance charge.

(2) For a motor vehicle under section 6243(d)(2) and

(3), the refinance charge shall be determined by the method of computation under paragraph (1)(ii).

(3) For a manufactured home under section 6243(c), the refinance charge shall be determined by regulation of the Federal Housing Administration pursuant to the National Housing Act (48 Stat. 1246, 12 U.S.C. § 1701 et seq.).

(4) Subject to paragraph (3), if the refinancing of a motor vehicle is insured or guaranteed in whole or in part by the Department of Veterans Affairs or another Federal department or agency, the laws or regulations that govern the Federal department or agency regarding the maximum refinance charge and rate of interest for the refinancing shall govern.

(c) Fractional month.--A computed refinance charge under subsection (b)(1) may be computed on the basis of a full month for any fractional month period in excess of ten days.

(d) Other provisions not applicable to computation.--The provisions of this chapter governing minimum prepayment rebate shall not apply in calculating refinance charges on the contract renewed under subsection (b)(2).

(e) Prohibited contents.--Except as provided in subsection

(f) and subject to subsection (g), the holder of an installment sale contract may not include in a refinancing contract a cash loan to the buyer or credit extended to the buyer incidental to the purchase of goods or services.

(f) Permissible contents.--A holder under subsection (e) may include the following in the refinance contract:

(1) Charges for accessories, equipment and parts for the motor vehicle sold under the contract.

(2) Charges for repairs and services to the motor vehicle.

(3) Finance charges.

(g) Loan.--

(1) A loan under subsection (e) shall not include and nothing in this chapter shall be construed to otherwise prohibit a rearrangement of payments under an installment sale contract by a refinance transaction involving a restoration of certain installment payments made under the contract.

(2) A refinance charge on an amount restored pursuant to paragraph (1) may not exceed the equivalent of 6% simple interest per year.
12 Pa.C.S. § 6342 — PA Code / Title 12 / Chapter 63 / Section 6342
Insurance.
Status: in_force

(a) Compliance with law.--The following shall comply with the act of September 2, 1961 (P.L.1232, No.540), known as the Model Act for the Regulation of Credit Life Insurance and Credit Accident and Health Insurance:

(1) The seller and buyer, if:

(i) the cost of the insurance is included in the closed-end credit agreement; and

(ii) a separate charge is made to the buyer for the insurance.

(2) The seller or holder, if the insurance is to be procured by the seller or holder under an open-end credit agreement.

(b) Separate charge; agreement.--

(1) If the cost of insurance is to be separately charged to the buyer under an open-end credit agreement, the buyer and seller must so specify in a signed agreement.

(2) A copy of the agreement under paragraph (1) shall be given or furnished to the buyer.

(3) The agreement shall state whether the insurance is to be procured by the buyer, seller or holder. Cross References. Section 6342 is referred to in sections 6302, 6327, 6347 of this title.
12 Pa.C.S. § 6203 — PA Code / Title 12 / Chapter 62 / Section 6203
Authority of department.
Status: in_force

(a) Powers.--The department has the authority to do any of the following:

(1) Investigate the business activities of a licensee and person engaged in a business contemplated by this chapter by the following means:

(i) Examining the records of the licensee and person.

(ii) Accessing the offices and places of business of the licensee and person and the records of the licensee and person.

(2) Examine the records, safes and vaults of a person described under subsection (b)(2) for the purpose of discovering violations of this chapter.

(3) Require the attendance and testimony of witnesses and the production of records relating to a business that the department has the authority to investigate. For the purposes of this subsection, a duly authorized representative of the department may sign subpoenas, administer oaths and affirmations, examine witnesses and receive evidence.

(4) Prescribe the minimum information to be shown in the records of a licensee so as to enable the department to determine compliance with the provisions of this chapter.

(5) Promulgate regulations and issue orders, statements of policy and written interpretations as necessary or appropriate for the interpretation or enforcement of this chapter.

(6) Reduce the amount of or prohibit entirely a cost regarding the retaking, storing or repairing of a motor vehicle under section 6256 (relating to buyer's liability for costs) if the cost:

(i) appears to be fictitious, unnecessary, unreasonable or exorbitant; or

(ii) would not have been incurred by a prudent person under similar circumstances.

(b) Applicability.--

(1) This section applies whether the person acts or claims to act as principal, agent or broker, either under or without the authority of this chapter.

(2) A person who is not licensed under this chapter is presumed to be engaged in a business contemplated by this chapter if the person, as principal, agent or broker, advertises or solicits business for which a license is required by the provisions of this chapter.

(c) Administration.--In the case of disobedience of a subpoena or the noncooperation of a witness appearing before the department, the department may invoke the aid of the courts, and the court shall issue an order requiring the person subpoenaed to obey the subpoena, give evidence or produce records relative to the matter in question. Failure to obey the court order may be punished by the court as contempt.

(d) Expenses.--The expenses incurred by the department in connection with an examination or investigation, including a proportionate part of the salary of an examiner or other employee of the department and counsel assigned by the department, may be assessed by the department upon the particular person examined or investigated.
12 Pa.C.S. § 6251 — PA Code / Title 12 / Chapter 62 / Section 6251
Repossession authorized.
Status: in_force

(a) When repossession may occur.--An installment seller or a holder, who has lawfully acquired a motor vehicle installment sale contract, may retake possession of the motor vehicle if the buyer:

(1) is in default in the payment of an amount due under the contract; or

(2) has committed another breach of contract, which is by the contract specifically made a ground for retaking the motor vehicle.

(b) Legal process.--

(1) Unless the motor vehicle can be retaken without breach of the peace, it shall be retaken by legal process.

(2) This subchapter shall not be construed to authorize a violation of the criminal laws of this Commonwealth.

(c) Limitation.--Except as provided in this chapter, in a transaction involving a commercial purpose, the provisions of this chapter regarding repossession of a motor vehicle are limited by the provisions of 13 Pa.C.S. Div. 9 (relating to secured transactions).
12 Pa.C.S. § 6219 — PA Code / Title 12 / Chapter 62 / Section 6219
Multiple places of business.
Status: in_force

(a) License application.--A separate license application under section 6212 (relating to initial license application) shall be filed for each place of business conducted by or to be established by a licensee within this Commonwealth.

(b) Bond.--A bond under section 6213 (relating to bond) shall be filed for each place of business conducted by a sales finance company and a collector-repossessor within this Commonwealth.

(c) License fee.--With respect to section 6214 (relating to license fees), a separate license fee in the same amount

shall be paid for each place of business conducted by a licensee within this Commonwealth.

(d) Requirements.--

(1) Except as provided in paragraph (2), only one place of business may be operated under the same license.

(2) For an installment seller, only one license is required if:

(i) every place of business is conducted under one name; and

(ii) the business records are kept in one place.

(3) A licensee may operate more than one place of business only after performing the following actions:

(i) Filing an application for each additional place of business.

(ii) Furnishing a bond for each additional place of business in the case of a sales finance company and collector-repossessor.

(iii) Paying the respective license fee for each place of business.

(e) License suspension and revocation.--

(1) Subject to paragraph (2), the department may revoke or suspend only the particular license to which grounds exist under section 6218(a) (relating to revocation or suspension of license).

(2) If the department finds that grounds for revocation are of general application to all places of business or more than one place of business operated by a licensee, it may revoke all the licenses issued to the licensee or those licenses to which grounds exist.
12 Pa.C.S. § 5506 — PA Code / Title 12 / Chapter 55 / Section 5506
Required disclosures.
Status: in_force

(a) Notification by legitimate cannabis-related business.--If a legitimate cannabis-related business obtains financial or insurance services from a financial institution or insurer doing business in this Commonwealth, the business shall, within five business days, provide notice to the financial institution or insurer if a cannabis-related permit, registration or certification held by the business or its affiliates under Federal law, the laws of this Commonwealth or a law established by another state is suspended or revoked.

(b) Penalty.--If a legitimate cannabis-related business fails to give the notice required under subsection (a) to a financial institution or insurer, the business or business associate may be assessed a civil penalty up to $500 per day, not to exceed $25,000, until the notice is provided. The Department of Banking and Securities shall have authorization to assess civil penalties for failure to give notice under this section to a financial institution, and the Insurance Department shall have authorization to assess civil penalties for failure to give the notice under this section to an insurer. Cross References. Section 5506 is referred to in section 5504 of this title.
12 Pa.C.S. § 6309 — PA Code / Title 12 / Chapter 63 / Section 6309
Repossession; acceleration; right to cure.
Status: in_force

(a) Rights of holder.--If a buyer defaults in the performance of an obligation under a closed-end credit agreement or an open-end credit agreement, the holder, pursuant to the rights granted under the agreement:

(1) May proceed to recover judgment for the balance due or retake the goods.

(2) Shall comply with and be limited by the requirements of 13 Pa.C.S. (relating to commercial code).

(b) Prohibited actions.--Unless the buyer is in default and the seller or holder provides the buyer with the notice under subsection (c), a seller or holder may not:

(1) accelerate the maturity of the agreement; or

(2) commence legal action or repossess without legal process.

(c) Notice.--

(1) Notice under this section shall be:

(i) sent by certified mail to the buyer's last known address; or

(ii) delivered personally to the residence of the buyer.

(2) The notice shall inform the buyer of all the following:

(i) The right to cure the default within 21 days of the date of receipt of the notice upon the payment of all the following:

(A) The amount in default.

(B) Late fees under section 6343 (relating to late fees).

(C) Extension and deferment charges under section 6347 (relating to extension and deferment).

(D) Actual repossession costs.

(ii) The name, address and telephone number of the seller or holder.

(iii) The total amount due, which is the sum of the items in subparagraph (i).

(iv) The exact date by which the amount due must be paid.

(v) The name, address and telephone number of the person to whom payment must be made.

(vi) Other performance necessary to cure a default arising from other than nonpayment of the obligation.

(3) The seller or holder is not required to provide the notice under this subsection more than once in any 12-month period.

(d) Rights of buyer; curing default.--

(1) The buyer shall have the rights specified in the notice under subsection (c).

(2) The act of curing a default restores to the buyer the rights under the agreement as though no default had occurred.
12 Pa.C.S. § 3405 — PA Code / Title 12 / Chapter 34 / Section 3405
Review.
Status: in_force

(a) Project review.--Upon receiving a completed application, the department shall review the application to determine all of the following:

(1) That the cost of the project is reasonable.

(2) The number of net new full-time jobs created or to be created by the project and the number of existing full-time jobs to be preserved by the project.

(3) That a firm commitment from the project user to use the project upon completion exists.

(4) That the financing for the project identifies a party other than the Commonwealth that will be responsible for repayment of the debt.

(5) That the applicant submitted satisfactory financial information from the project user prepared or reported on by an independent certified public accountant.

(6) That the financing for the project does not pledge the full faith and credit of the Commonwealth.

(7) (Deleted by amendment).

(8) If the project was completed prior to the effective date of this section, that the project user is a retail enterprise.

(9) That the applicant and the project user complied with all other criteria established by the department.

(b) Financial review.--

(1) Upon being satisfied that all requirements have been met, the department shall forward the application to the Office of the Budget and the Department of Revenue. The office, in conjunction with the Department of Revenue, shall review the application. Notwithstanding the provisions of section 353(f) of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, the Department of Revenue may supply the department and the office with information concerning taxes owed or paid by a project user or for which a project user may otherwise be liable or with any other aspect of an applicant's tax liability. The office, in conjunction with the Department of Revenue, shall evaluate all of the following:

(i) The sales tax collected or expected to be collected by the project user pursuant to Article II of the Tax Reform Code of 1971 from activities as a result of the project.

(ii) The hotel occupancy tax to be collected by the project user pursuant to Article II of the Tax Reform Code of 1971 from activities as a result of the project.

(iii) The expected net increase in personal income tax withheld by the project user as an employer pursuant to Article III of the Tax Reform Code of 1971 from activities as a result of the project.

(2) The Office of the Budget may accept, reject or adjust the estimate of the amount of tax remitted or to be remitted to the Commonwealth by the project user from activities resulting from the project. (Nov. 30, 2004, P.L.1708, No.218, eff. imd.) 2004 Amendment. Act 218 deleted subsec. (a)(7). Cross References. Section 3405 is referred to in section 3406 of this title.
12 Pa.C.S. § 5704 — PA Code / Title 12 / Chapter 57 / Section 5704
Compliance with Federal regulations.
Status: in_force

An eligible financial institution may offer a savings promotion program only to the extent permitted by Federal law, including any regulations promulgated by the institution's appropriate prudential regulator.
12 Pa.C.S. § 5601 — PA Code / Title 12 / Chapter 56 / Section 5601
Scope of chapter.
Status: in_force

This chapter relates to self-service storage facilities.
12 Pa.C.S. § 1 — PA Code / Title 12 / Chapter 1 / Section 1
Findings and declarations.
Status: in_force

The General Assembly finds and declares as follows:

(1) The headwinds to the economy on a national and State level are significant.

(2) The financial stability of the citizens of this Commonwealth is challenged.

(3) It is important to authorize and provide a regulatory framework for financial institutions to conduct savings promotion programs to encourage robust saving habits and improve financial literacy.

(4) The framework under paragraph (3) should include financial services for legitimate cannabis-related businesses. Explanatory Note. Act 56 added Chapters 55 and 57 of Title 12. 2024, OCTOBER 29, P.L.1056, No.116
12 Pa.C.S. § 6245 — PA Code / Title 12 / Chapter 62 / Section 6245
Late charges.
Status: in_force

(a) General rule.--A late charge may be collected on the following:

(1) An installment payment that is not paid on or before the due date of the payment.

(2) A contract subject to this chapter, regardless of the classification of vehicle under section 6243 (relating to finance charges) or the method by which the finance charge is computed.

(b) Rate and computation.--

(1) Under a contract for the sale of a motor vehicle other than a heavy commercial motor vehicle, a late charge may not, for any payment not made within ten days of its scheduled due date, exceed the rate of 2% on the amount of the payment in arrears.

(2) Under a contract for the sale of a heavy commercial motor vehicle, a late charge may not, for any payment not made within ten days of its scheduled due date, exceed the rate of 4% of the amount of the payment in arrears.

(3) The late charges under paragraphs (1) and (2) may be collected only once on each payment in arrears.

(c) Collection.--

(1) Late charges may be:

(i) collected when earned during the term of a contract for the sale of a motor vehicle; or

(ii) accumulated and collected at final maturity or at the time of final payment under a contract for the sale of a motor vehicle.

(2) A late charge may not be collected on a payment in default because of an acceleration provision in the contract.
12 Pa.C.S. § 6308 — PA Code / Title 12 / Chapter 63 / Section 6308
Attorney fees and costs.
Status: in_force

(a) Award.--Reasonable attorney fees and costs shall be awarded to the prevailing party in an action on a closed-end credit agreement or an open-end credit agreement, regardless of whether the action is instituted by the seller, holder or buyer.

(b) Agreement.--A seller may provide for the payment of attorney fees and costs under subsection (a) in an agreement signed by the buyer, if a copy of the agreement is given or furnished to the buyer.

(c) Definition.--For purposes of this section, a defendant is deemed to be a prevailing party if both of the following occur:

(1) The defendant:

(i) Alleges in its answer that it tendered to the plaintiff the full amount to which the plaintiff was entitled.

(ii) Deposits the amount with the court.

(2) The allegation in paragraph (1)(i) is found to be true.
12 Pa.C.S. § 6233 — PA Code / Title 12 / Chapter 62 / Section 6233
Prohibited charges.
Status: in_force

(a) General rule.--Except as provided in subsections (b) and (c), a licensee may directly or indirectly charge, contract for, collect or receive from the buyer, in connection with the retail sale of a motor vehicle under an installment sale contract, insurance charges, other charges necessary or incidental to the sale of the motor vehicle, finance charges, refinance charges, late charges, recording and satisfaction fees, court costs, attorney fees and costs of retaking, repairing and storing a repossessed motor vehicle, which are disclosed as required by section 6222(5) (relating to contents).

(b) Exception.--A licensee may not directly or indirectly charge, contract for, collect or receive from the buyer, in connection with the retail sale of a motor vehicle under an installment sale contract, any further or other amount for costs, charges, examination, appraisal, service, brokerage, commission, expense, interest, discount, fees, fines, penalties or other thing of value in excess of the amounts permitted under subsection (a) or (c).

(c) Manufactured homes.--An installment seller of a manufactured home may charge appraisal fees, brokerage fees and commissions if they represent actual charges and are properly disclosed to the buyer.

(d) Charges if contract not consummated.--

(1) Subject to paragraph (2), a licensee may not collect a charge in connection with a contemplated sale of a motor vehicle under an installment sale contract if the contract is not consummated.

(2) Paragraph (1) does not affect the legal status of a deposit paid by a prospective buyer to a seller as a binder on the contemplated purchase of a motor vehicle.

(e) Unenforceable provision.--If an installment sale contract contains a provision that authorizes a prohibited charge, the provision is unenforceable.
12 Pa.C.S. § 3901 — PA Code / Title 12 / Chapter 39 / Section 3901
Scope of chapter.
Status: in_force

This chapter relates to the Water Supply and Wastewater Infrastructure Capitalization Program.
12 Pa.C.S. § 6252 — PA Code / Title 12 / Chapter 62 / Section 6252
Who may repossess.
Status: in_force

(a) With legal process.--Repossession of a motor vehicle when effected by legal process shall be made only by a duly constituted public official.

(b) Without legal process.--Repossession of a motor vehicle when effected otherwise than by legal process under subsection

(a) shall be made only by the following:

(1) The holder.

(2) An official or full-time employee of the holder.

(3) A collector-repossessor licensed under this chapter.

(4) The person who originally sold the motor vehicle to the buyer under the installment sale contract.

(5) A licensed seller or sales finance company that is not regularly engaged in the business of repossessing motor vehicles but occasionally does so as an accommodation for another seller or sales finance company.

(6) An official or full-time employee of a licensed seller or sales finance company under paragraph (5).
12 Pa.C.S. § 6230 — PA Code / Title 12 / Chapter 62 / Section 6230
Statement of account to buyer.
Status: in_force

(a) Information to be included.--At any time after the execution of an installment sale contract and within one year after the termination of the contract, a holder of the contract shall furnish to the buyer upon request a complete and detailed statement of account showing the following:

(1) All amounts paid by the buyer on account of the obligation, dates of payment and the allocation of the payments to the reduction of:

(i) Time balance.

(ii) Refinance charges.

(iii) Late charges.

(iv) Court costs.

(v) Attorney fees.

(vi) Costs of retaking, repairing and storing the motor vehicle.

(vii) Other costs permitted under the provisions of this chapter and the contract.

(2) All amounts credited to the buyer as rebates for prepayment and unexpired premiums on canceled insurance.

(3) The amount of the installment payments, accrued charges and expenses incurred, which are due and payable.

(4) The number, amount and due dates of installment payments to become due and payable.

(b) Copies.--

(1) The buyer shall be furnished with one statement of account without charge during the term of the contract or within one year after the termination of the contract.

(2) Upon request and payment of a reasonable fee not to exceed the cost of production, a holder shall furnish to the buyer an additional statement of account. Cross References. Section 6230 is referred to in sections 6222, 6254 of this title.
12 Pa.C.S. § 4304 — PA Code / Title 12 / Chapter 43 / Section 4304
Notice to lien holder required for participation.
Status: in_force

Before qualifying commercial property may be subject to an assessment under the program and begin a local financing or an owner financing of a qualified project, the following shall occur:

(1) Any financial institution holding a lien, mortgage or security interest in or other encumbrance of the qualifying commercial property that secures a current, future or contingent payment obligation must be given written notice of the qualifying commercial property owner's intention to participate in the program and acknowledge in writing to the

property owner and municipality or county that established the program that they have received such notice.

(2) Any financial institution required to be given notice under paragraph (1) must provide written consent to the property owner and municipality or county that established the program that the property may participate in the program. (July 7, 2022, P.L.470, No.43, eff. 60 days) 2022 Amendment. Act 43 amended the intro par. and par. (1).
12 Pa.C.S. § 2912 — PA Code / Title 12 / Chapter 29 / Section 2912
Guidelines.
Status: in_force

The authority shall develop written guidelines for the implementation of this chapter. (Oct. 22, 2014, P.L.2569, No.161, eff. Nov. 1, 2014)
12 Pa.C.S. § 5106 — PA Code / Title 12 / Chapter 51 / Section 5106
When transfer is made or obligation is incurred.
Status: in_force

For the purposes of this chapter:

(1) A transfer is made:

(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.

(2) If applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is made immediately before the commencement of the action.

(3) If applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset transferred.

(5) An obligation is incurred:

(i) if oral, when it becomes effective between the parties; or

(ii) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee. (Dec. 22, 2017, P.L.1249, No.78, eff. 60 days) 2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
12 Pa.C.S. § 6227 — PA Code / Title 12 / Chapter 62 / Section 6227
Manufactured homes.
Status: in_force

(a) Optional contract provisions.--An installment sale contract for the sale of a manufactured home may:

(1) require the buyer to pay real estate taxes that may thereafter be levied upon the manufactured home and furnish the installment seller or holder with proof of payment of real estate taxes in the manner that the contract prescribes; and

(2) upon the buyer's failure to pay the real estate taxes or furnish the required proof of payment, allow the seller or holder to accelerate payments or repossess the manufactured home, or both.

(b) Sale.--If the manufactured home is sold by a tax-levying unit of government for nonpayment of real estate taxes by the buyer, the following is not affected or divested:

(1) A lien or encumbrance contained in the title of the vehicle pursuant to 75 Pa.C.S. (relating to vehicles).

(2) An encumbrance filed of record against the vehicle under the provisions of 13 Pa.C.S. (relating to commercial code).
12 Pa.C.S. § 3003 — PA Code / Title 12 / Chapter 30 / Section 3003
Establishment.
Status: in_force

There is established within the authority a program to be known as the Pennsylvania Industrial Development Program. The program shall be administered by the authority to provide loans for industrial development projects, industrial parks and multiple-tenancy building projects, to increase employment levels and to improve the overall economic health of this Commonwealth. Cross References. Section 3003 is referred to in section 3002 of this title.
12 Pa.C.S. § 1502 — PA Code / Title 12 / Chapter 15 / Section 1502
Establishment of commission.
Status: in_force

The Pennsylvania-Ireland Trade Commission is established within the department. (Oct. 29, 2024, P.L.1056, No.116, eff. imd.) 2024 Amendment. Act 116 added section 1502. Cross References. Section 1502 is referred to in section 1501 of this title.
12 Pa.C.S. § 5501 — PA Code / Title 12 / Chapter 55 / Section 5501
Scope of chapter.
Status: in_force

This chapter relates to legitimate cannabis-related businesses.
12 Pa.C.S. § 3401 — PA Code / Title 12 / Chapter 34 / Section 3401
Scope of chapter.
Status: in_force

This chapter relates to the Infrastructure and Facilities Improvement Program.
12 Pa.C.S. § 3402 — PA Code / Title 12 / Chapter 34 / Section 3402
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meaning given to them in this section unless the context clearly indicates otherwise:

"Applicant." An issuing authority which applies for financial assistance under section 3404 (relating to application).

"Convention center." Interests in land, improvement, structure, buildings or part of a building, whether owned by, leased by or to or otherwise acquired by an authority, which are appropriate for large public assemblies, the holding of conventions, conferences, trade exhibitions and other business, social, cultural, scientific and public interest events.

"Convention center authority." An entity created under any of the following:

(1)
12 Pa.C.S. § 5107 — PA Code / Title 12 / Chapter 51 / Section 5107
Remedies of creditor.
Status: in_force

(a) Available remedies.--In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in sections 5108 (relating to defenses, liability and protection of transferee or obligee) and 5109 (relating to extinguishment of claim for relief), may obtain:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law.

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(iii) any other relief the circumstances may require.

(b) Execution.--If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, subject to the limitations of sections 5108 and 5109, may levy execution on the asset transferred or its proceeds. (Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)

Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability. Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(1), adopted April 20, 1998, provided that section 5107 shall not be deemed suspended or affected by Rules 3101 through 3149 relating to enforcement of money judgments for the payment of money. Cross References. Section 5107 is referred to in section 5108 of this title; section 368 of Title 15 (Corporations and Unincorporated Associations).
12 Pa.C.S. § 3212 — PA Code / Title 12 / Chapter 32 / Section 3212
Report to General Assembly.
Status: in_force

No later than June 1, 2018, and September 1 of each year thereafter, the Secretary of Community and Economic Development shall submit a report to the General Assembly summarizing the effectiveness of the tax credits provided by this chapter. The report shall include the name of the tours which rehearsed in this Commonwealth, the names of all recipients awarded a tax credit as of the date of the report and the amount of tax credits approved for each recipient. The report may also include recommendations for changes in the calculation or administration of the tax credits provided under this chapter. The report shall be submitted to the chairperson and minority chairperson of the Appropriations Committee of the Senate, the chairperson and minority chairperson of the Finance Committee of the Senate, the chairperson and minority chairperson of the Appropriations Committee of the House of Representatives and the chairperson and minority chairperson of the Finance Committee of the House of Representatives. The report shall include the following information, which shall be separated by geographic location within this Commonwealth:

(1) The amount of tax credits claimed during the fiscal year by tour.

(2) The total amount spent in this Commonwealth during the fiscal year by tours and concert tour promotion companies for services and supplies.

(3) The total amount of tax revenues, both directly and indirectly, generated for the Commonwealth during the fiscal year by the concert rehearsal and tour industry.