reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 41 - Film Production Grants › Section 4102 - Definitions

§ 4102. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 41 - Film Production Grants › Section 4103 - Establishment

§ 4103. Establishment.
There is established within the department a program to be known as the Film Production Grant Program. The program shall be administered by the department to provide grants to persons for certain films produced within this Commonwealth.
Cross References.
Section 4103 is referred to in section 4102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 41 - Film Production Grants › Section 4104 - Application

§ 4104. Application.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 41 - Film Production Grants › Section 4106 - Approval

§ 4106. Approval.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 41 - Film Production Grants › Section 4107 - Penalty

§ 4107. Penalty.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 41 - Film Production Grants › Section 4108 - Limitations

§ 4108. Limitations.
The following limitations shall apply:
(1) A grant awarded under this chapter to an applicant for a film may not exceed 20% of the qualified film production expenses incurred for the film.
(2) In no case shall the aggregate amount of grants awarded in any fiscal year under this chapter exceed $10,000,000.
(3) A grant awarded under this chapter shall in no way constitute an entitlement derived from the Commonwealth or a claim on any other funds of the Commonwealth.
Cross References.
Section 4108 is referred to in section 4106 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4301 - Purpose

§ 4301. Purpose.
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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4303 - Establishment of a program

§ 4303. Establishment of a program.
The following apply:
(1) A municipality with a community or economic development department or county may establish a property assessed clean energy program by adopting an ordinance or resolution that will establish the program, define the district and provide other operational standards and guidelines, which shall include, but not be limited to, the following:
(i) Require all clean energy projects to comply with national energy efficiency standards.
(ii) Develop criteria and procedures to determine the eligibility of qualifying commercial property and owners for participation in a program.
(iii) Other measures as needed to satisfy the requirements of this chapter or to ensure that a program is effective, efficient and fair to property owners.
(2) A county that establishes a program must notify any municipality that may be in the district of their possible inclusion before a resolution establishing a program is approved. A municipality or county may contract with a third party to administer the program.
(July 7, 2022, P.L.470, No.43, eff. 60 days)
2022 Amendment.
Act 43 amended par. (1)(ii).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4304 - Notice to lien holder required for participation

§ 4304. Notice to lien holder required for participation.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4305 - Scope of work

§ 4305. Scope of work.
(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)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4306 - Notice

§ 4306. Notice.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4307 - Lien

§ 4307. Lien.
(a) General rule.--
An assessment under this chapter, including past-due amounts and required future payments and any interest or penalties on the assessment:
(1) shall be a first and prior lien against the qualifying commercial property on which the assessment is imposed from the date on which the notice of contractual assessment is recorded and until the assessment, interest or penalty is satisfied;
(2) shall have the same priority status as a lien for any other tax imposed by any agency, municipality or county of the Commonwealth and shall be treated as a tax imposed by any agency, municipality or county;
(3) must be recorded with the title, including all information required under section 4306 (relating to notice), until the lien is discharged; and
(4) may be discharged, compromised or abated in the same manner as delinquent property tax obligations.
(b) Lien.--
The lien runs with the land and that portion of the assessment under the assessment contract that has not yet become due is not eliminated by foreclosure of a property tax lien. Notwithstanding any other provision of law, the assessment cannot be accelerated or extinguished until fully repaid.
(c) Enforcement.--
The assessment lien may be enforced by the municipality or county in the same manner that a property tax lien against qualifying commercial property may be enforced by the municipality or county to the extent the enforcement is consistent with the laws of this Commonwealth.
(d) Delinquency charge.--
Delinquent installments of the assessments incur interest and penalties in the same manner as delinquent property taxes.
(e) Costs and expenses.--
A municipality or county may recover costs and expenses, including attorney fees, in a suit to collect a delinquent installment of an assessment in the same manner as in a suit to collect a delinquent property tax.
(f) Collection.--
A municipality or county shall utilize the provisions under the act of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law, or the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, to collect delinquent installments of assessments.
(g) Restrictions.--
Program funds may not be used directly or indirectly to construct, renovate or improve a residential condominium, cooperative unit or any other type of owner-occupied residential unit. A property financed with an assessment that, upon conveyance to a third party, is no longer a qualifying commercial property shall have the assessment immediately discharged upon conveyance by the payment of the principal amount financed, accrued interest, other charges and any prepayment penalty.
(July 7, 2022, P.L.470, No.43, eff. 60 days)
2022 Amendment.
Act 43 amended subsecs. (a)(1), (b) and (c) and added subsecs. (f) and (g).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4308 - Collection of assessments

§ 4308. Collection of assessments.
The following apply:
(1) The governing body of a municipality or county that establishes a district is required to collect the assessments for that district using their present tax collection process and remit for payment of the local financing or owner financing.
(2) The assessment shall be made only upon the qualifying commercial property whose owner has executed a written agreement with the governing body agreeing to the assessment and the entity providing financing for the qualified project. The entity providing financing for the qualified project may require the property owner to escrow or otherwise provide for the maintenance, repairs and insurance of the qualified project during the term of the assessment. A property owner or subsequent purchaser of a qualifying commercial property with an assessment may prepay the total assessment amount by paying the principal amount financed, accrued interest, fees, charges and any prepayment penalties as specified in the financing agreement and, upon prepayment, the assessment shall be released.
(3) Proceeds may only be used to fund a local financing or an owner financing and lasts only for the term of the local financing or owner financing.
(July 7, 2022, P.L.470, No.43, eff. 60 days)
2022 Amendment.
Act 43 amended par. (2).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 43 - Property Assessed Clean Energy Program › Section 4309 - Bonds

§ 4309. Bonds.
(a) Issuance.--
Local financing or owner financing may be used to issue bonds to finance qualified projects.
(b) Restrictions.--
Bonds issued under this chapter may not be general obligations of the municipality or county.
(c) Use of proceeds.--
Funds generated from the issuance of a bond may only be used for the following purposes:
(1) Design, engineering and project development costs of a qualified project.
(2) Infrastructure related to and necessary for a qualified project.
(3) Purchase and installation cost of any equipment needed for a qualified project.
(4) Payment of normal and customary issuance and closing fees of a bond.
(5) Normal and customary administrative fees necessary to continue operations of the municipal or county financing agency. The fees can include, but are not limited to, audits and application fees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Extra - Chapter Notes

Enactment.
Chapter 51 was added December 3, 1993, P.L.479, No.70, effective in 60 days.
Cross References.
Chapter 51 is referred to in section 368 of Title 15 (Corporations and Unincorporated
            Associations); section 4352 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5101 - Short title of chapter and definitions

§ 5101. Short title of chapter and definitions.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5102 - Insolvency

§ 5102. Insolvency.
(a) General rule.--
A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets.
(b) Presumption of insolvency.--
A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bona fide dispute is presumed to be insolvent. The presumption imposes on the party against which the presumption is directed the burden of proving that the nonexistence of insolvency is more probable than its existence.
(c) Exclusion of certain assets.--
Assets under this section do not include property that has been transferred, concealed or removed with intent to hinder, delay or defraud creditors or that has been transferred in a manner making the transfer voidable under this chapter.
(d) Exclusion of certain debts.--
Debts under this section do not include an obligation to the extent it is secured by a valid lien on property of the debtor not included as an asset.
(e) Exclusion of certain debts.--
((e) relettered to (d)).
(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.
Cross References.
Section 5102 is referred to in section 5105 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5103 - Value

§ 5103. Value.
(a) General rule.--
Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's business to furnish support to the debtor or another person.
(b) Reasonably equivalent value.--
For the purposes of sections 5104(a)(2) (relating to transfer or obligation voidable as to present or future creditor) and 5105 (relating to transfer or obligation voidable as to present creditor), a person gives reasonably equivalent value if the person acquires an interest of the debtor in an asset pursuant to a regularly conducted, noncollusive foreclosure sale or the exercise of a power of sale for the acquisition or disposition of the interest of the debtor upon default under a mortgage, deed of trust or security agreement or pursuant to a regularly conducted, noncollusive execution sale.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5104 - Transfer or obligation voidable as to present or future creditor

§ 5104. Transfer or obligation voidable as to present or future creditor.
(a) General rule.--
A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:
(1) with actual intent to hinder, delay or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor's ability to pay as they became due.
(b) Certain factors.--
In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
(1) the transfer or obligation was to an insider;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer or obligation was disclosed or concealed;
(4) before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor's assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred;
(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor who transferred the assets to an insider of the debtor.
(c) Burden of proof.--
A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(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.
Cross References.
Section 5104 is referred to in sections 5103, 5108, 5109 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5105 - Transfer or obligation voidable as to present creditor

§ 5105. Transfer or obligation voidable as to present creditor.
(a) General rule.--
A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.
(b) Burden of proof.--
Subject to section 5102(b) (relating to insolvency), a creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(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.
Cross References.
Section 5105 is referred to in sections 5103, 5108, 5109 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5106 - When transfer is made or obligation is incurred

§ 5106. When transfer is made or obligation is incurred.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5107 - Remedies of creditor

§ 5107. Remedies of creditor.
(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)
2017
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5109 - Extinguishment of claim for relief

§ 5109. Extinguishment of claim for relief.
A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought:
(1) under section 5104(a)(1) (relating to transfer or obligation voidable as to present or future creditor), not later than four years after the transfer was made or the obligation was incurred or, if later, not later than one year after the transfer or obligation was or could reasonably have been discovered by the claimant; or
(2) under section 5104(a)(2) or 5105(a) (relating to transfer or obligation voidable as to present creditor), not later than four years after the transfer was made or the obligation was incurred.
(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.
Cross References.
Section 5109 is referred to in section 5107 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5110 - Governing law

§ 5110. Governing law.
(a) Location of debtor.--
In this section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one place of business is located at the organization's place of business.
(3) A debtor that is an organization and has more than one place of business is located at the organization's chief executive office.
(b) Governing law.--
A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)
2017 Amendment.
Act 78 renumbered former section 5110 to section 5112 and added present section 5110. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5111 - Application to series organization

§ 5111. Application to series organization.
(a) Separate person.--
A series organization and a protected series of the series organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the series organization or other protected series of the series organization.
(b) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Protected series."
An arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics specified for a series organization.
"Series organization."
An organization that, pursuant to the law under which the organization is organized, has the following characteristics:
(1) The organic record of the organization provides for creation by the organization of one or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identifies the property of or associated with the protected series.
(2) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(3) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only and not against the property of or associated with a protected series of the organization.
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)
2017 Amendment.
Act 78 added section 5111. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5112 - Supplementary provisions

§ 5112. Supplementary provisions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5113 - Uniformity of application and construction

§ 5113. Uniformity of application and construction.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 51 - Voidable Transactions › Section 5114 - Relation to Electronic Signatures in Global and National Commerce Act

§ 5114. Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.), but does not modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act or authorize electronic delivery of a notice described in section 103(b) of the Electronic Signatures in Global and National Commerce Act.
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)
2017 Amendment.
Act 78 added section 5114. See section 7 of Act 78 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 53 - Trade Secrets › Section 5302 - Definitions

§ 5302. Definitions.
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:
"Improper means."
Includes, but is not limited to, theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means.
"Misappropriation."
Includes:
(1) acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means; or
(2) disclosure or use of a trade secret of another without express or implied consent by a person who:
(i) used improper means to acquire knowledge of the trade secret;
(ii) at the time of disclosure or use, knew or had reason to know that his knowledge of the trade secret was:
(A) derived from or through a person who had utilized improper means to acquire it;
(B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use; or
(C) derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) before a material change of his position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
"Person."
A natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency or any other legal or commercial entity.
"Trade secret."
Information, including a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that:
(1) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
(2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
"Willful and malicious."
Such intentional acts or gross neglect of duty as to evince a reckless indifference of the rights of others on the part of the wrongdoer, and an entire want of care so as to raise the presumption that the person at fault is conscious of the consequences of his carelessness.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 53 - Trade Secrets › Section 5303 - Injunctive relief

§ 5303. Injunctive relief.
(a) Injunctions.
--Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b) Exceptional circumstances.
--In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited. Exceptional circumstances include, but are not limited to, a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c) Affirmative acts compelled by court order.
--In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 53 - Trade Secrets › Section 5304 - Damages

§ 5304. Damages.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 53 - Trade Secrets › Section 5305 - Attorney fees

§ 5305. Attorney fees.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 53 - Trade Secrets › Section 5306 - Preservation of secrecy

§ 5306. Preservation of secrecy.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 53 - Trade Secrets › Section 5308 - Effect on other law

§ 5308. Effect on other law.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 55 - Legitimate Cannabis-related Business › Section 5503 - Services to legitimate cannabis-related businesses

§ 5503. Services to legitimate cannabis-related businesses.
(a) Authorization to provide financial services.--
A financial institution authorized to engage in business in this Commonwealth may provide financial services to or for the benefit of a legitimate cannabis-related business and the business associates of a legitimate cannabis-related business subject to:
(1) the laws and regulations applicable to the provision of financial services to other customers of the financial institution;
(2) any applicable consumer protection laws of this Commonwealth;
(3) any additional requirements applicable to the institution established for the provision of services to a legitimate cannabis-related business or its business associates by a Federal financial regulatory agency, the Department of Banking and Securities or a financial regulatory agency of the state under which the institution is organized; and
(4) the extent the institution is providing services to a legitimate cannabis-related business or its business associates in another jurisdiction, any additional requirements applicable to the institution established for the provision of the services by a financial regulatory agency of that jurisdiction.
(b) Authorization to provide insurance services.--
An insurer may provide insurance services to or for the benefit of a legitimate cannabis-related business and the business associates of a legitimate cannabis-related business subject to:
(1) the laws and regulations applicable to the provision of insurance services to other customers of the insurer;
(2) any applicable consumer protection laws of this Commonwealth;
(3) any additional requirements applicable to the insurer established for the provision of services to a legitimate cannabis-related business or its business associates by the Insurance Department; and
(4) the extent the insurer is providing services to a legitimate cannabis-related business or its business associates in another jurisdiction, any additional requirements applicable to the insurer established for the provision of the services by an insurance regulatory agency of that jurisdiction.
(c) No requirement to provide services.--
Nothing in this chapter shall require a depository institution, an entity performing a financial service for or in association with a financial institution or an insurer to provide financial or insurance services to a legitimate cannabis-related business or the business associates of a legitimate cannabis-related business or to any other business.
2022 Amendment.
Section 3 of Act 56 provided that the addition of section 5503 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.
Cross References.
Section 5503 is referred to in section 5504 of this title.