Pennsylvania Code › Title 19 - CORPORATIONS AND BUSINESS ASSOCIATIONS › Part I - Department of State › Subpart B - Bureau of Corporations and Charitable Organizations › Article I - General Provisions › Chapter 11 - PRELIMINARY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 11.16 - Summary judicial review of rejection of documents not involving examination of mark or insignia

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Whenever the Department rejects a document, other than a document relating to a
						mark or insignia requiring examination under 54 Pa.C.S. (relating to names),
						delivered for filing under the code or related legislation or fails to make
						available a certified duplicate copy of the document within the time provided
						by §
												11.13 (relating to immediate
						certified copy), section 137(a) of the code (relating to court to pass upon
						rejection of documents by Department of State) provides that: the original
						document or copies thereof, the statement, if any, of the Department made under
						§
												11.13(b)(2) and
						other papers relating thereto may be delivered to the Prothonotary of the
						Commonwealth Court, which is the court vested by
						42 Pa.C.S. §
													763
						(relating to direct appeals from government agencies) with jurisdiction of
						appeals from the Department. The Prothonotary is required to transmit the
						papers to the Court without formality or expense to the person who delivered
						the original document to the Department. The question of the eligibility of the
						document for filing in the Department is required to be, at the earliest
						possible time, heard by a judge of the Court, without jury, in the Court or in
						chambers, and that the true intent of section 137 of the code is to secure for
						applicants an immediate hearing in court and a determination by the Court
						without delay or expense to the applicants. This special summary procedure has
						been saved from suspension by 210 Pa. Code Rule 5102(b)(6) (relating to
						statutes saved from suspension), which under
						1
						Pa.C.S. §
													1937(a)
						(relating to references to statutes and regulations), as made applicable by 210
						Pa. Code Rule 107 (relating to rules of construction), continues to apply to
						section 137 of the code notwithstanding the fact that it has been renumbered
						from former section 135 of the code (relating to requirements to be met by
						filed documents).
(b) The finding
						of the Commonwealth Court, or a judge thereof, that a document is eligible for
						filing in the Department will be treated by the Department as final and the
						Department will act in accordance therewith. It is provided in section 137(b)
						of the code that the Department will not have a right in the exercise of its
						functions under the code or related legislation to seek judicial review of an
						adverse order entered under section 137(a) of the code by the Commonwealth
						Court and that a right which the Department might enjoy under the Constitution
						of the Commonwealth or otherwise has been waived by the General Assembly. A
						department, board or commission of the Commonwealth which contends that the
						document fails to comply with section 135(a)(6) of the code may seek judicial
						review of the order. See also §
												13.14 (relating to governmental
						approvals).
(c) The corporation or
						an incorporator of a proposed corporation or other aggrieved applicant may
						within the time and in the manner provided by law seek judicial review in the
						Supreme Court of Pennsylvania of an adverse order of the Commonwealth Court
						entered in the appeal.
(d) The
						appeal rights existing under section 137 of the code by their terms do not
						impair the right of a person to proceed under §
												11.18 (relating to statement of
						correction) nor impair the right of the Attorney General to institute
						proceedings under section 503 of the code (relating to actions to revoke
						corporate franchises).
This section cited in 19 Pa. Code §
														11.17 (relating to judicial review
							 of rejection of documents including examination of mark or
							 insignia).