reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 19 - CORPORATIONS AND BUSINESS ASSOCIATIONS › Part I - Department of State › Subpart A - Preliminary Provisions › Chapter 3 - FEES AND CHARGES › Subchapter B - METHOD OF PAYMENT › METHOD › Section 3.103 - Extension of credit by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Credit will not be extended by the
						Department for filing fees.
(b) A
						person eligible for credit under subsection (e) for other fees or charges may
						effect services on a credit basis, in whole or in part. The Department will
						prepare and transmit to the person an invoice showing the amount of balance due
						the Department for fees and charges incurred.
(c) The invoice of the Department prepared
						and transmitted under subsection (b) will include, as an additional fee, the
						fee specified in §
												3.24(a) (relating
						to invoicing fee) unless the Department determines, that by reason of the
						circumstances, such as a request for copies or a request for
Uniform
						Commercial Code
search, the amount or the fee is not readily
						ascertainable in advance.
(d) Under
						section 154(b) of the code (relating to enforcement and collection), if an
						invoice transmitted under this section is not paid within 60 days after mailing
						in the manner provided by §
												3.102 (relating to method of
						payment), the debtor shall pay to the Commonwealth, in addition to the
						principal amount of the invoice and interest thereon, liquidated damages in the
						amount of $500.
(e) The Department
						will extend credit, other than for the filing fee, under this section to the
						following:
(1) A public officer communicating
						with the Department on official business and on official letterhead.
(2) Another person who has applied to and
						been granted credit by the Department prior to the transaction.
Pennsylvania Code › Title 19 - CORPORATIONS AND BUSINESS ASSOCIATIONS › Part I - Department of State › Subpart A - Preliminary Provisions › Chapter 3 - FEES AND CHARGES › Subchapter B - METHOD OF PAYMENT › METHOD › Section 3.104 - Returned checks; effect on filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						entity which issues a check not honored by the institution on which it is drawn
						will be charged an additional $20 processing fee.
(b) The Department will prepare and transmit
						to the entity an invoice showing the amount or balance due the Department for
						fees and charges incurred.
(c) The
						invoice of the Department prepared and transmitted under subsection (b) will
						include the filing fee, the fee specified in §
												3.24(a) (relating
						to invoicing fee) and the fee specified in subsection (a).
(d) If an invoice transmitted under this
						section is not paid within 30 days after mailing in the manner set forth in
						§
												3.102 (relating to method of
						payment), the Department will prepare and file with itself a Form DS: 3.104
						(Statement of Unpaid Fee), whereupon filings to which the fee relates become
						void.
(e) Under section 154(b) of
						the code (relating to enforcement and collection), if an invoice transmitted
						under this section is not paid within 60 days after mailing in the manner
						provided by § 3.102, the debtor shall pay to the Commonwealth, in addition
						to the principal amount of the invoice and interest thereon, liquidated damages
						in the amount of $500.
Pennsylvania Code › Title 19 - CORPORATIONS AND BUSINESS ASSOCIATIONS › Part I - Department of State › Subpart A - Preliminary Provisions › Chapter 3 - FEES AND CHARGES › Subchapter B - METHOD OF PAYMENT › METHOD › Section 3.105 - Credit card payment of fees

Current through Register Vol. 54, No. 28, July 13, 2024
A credit card may be used in payment of the fees and
						  charges in Subchapter A (relating to fees and charges generally). This service
						  will not be available to the public until after the Department publishes notice
						  in the
Pennsylvania Bulletin
that the service is
						  available.
Pennsylvania Code › Title 19 - CORPORATIONS AND BUSINESS ASSOCIATIONS › Part I - Department of State › Subpart A - Preliminary Provisions › Chapter 3 - FEES AND CHARGES › Subchapter B - METHOD OF PAYMENT › FORMS › Section 3.111 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following official form has been promulgated under
						  this subchapter and appears in Appendix A:
Form DS: 3.104 (Statement of Unpaid
						  Fee).
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 11.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						  subpart, have the following meanings, unless the context clearly indicates
						  otherwise:
Banking Code
-The Banking Code of 1965
						  (7 P.
						  S. §§
													101-2201).
BCL
-Title 15 of the
Pennsylvania Consolidated Statutes
§§ 1101-4162
						  (relating to the Business Corporation Law of 1988).
CCL
-Title 15 of the
Pennsylvania Consolidated Statutes
§§ 7101-7107
						  (relating to the Cooperative Corporation Law of 1988).
Credit Union Law
-Title 17 of the
Pennsylvania Consolidated Statutes
(relating to the Credit
						  Union Code).
GAA
-The General Association Act of
						  1988 (15 P. S. §§
													20101-20304).
NPCL
-Title 15 of the
Pennsylvania Consolidated Statutes
§§ 5101-6162
						  (relating to the Nonprofit Corporation Law of 1988).
RULPA
-Title 15 of the
Pennsylvania Consolidated Statutes
§§ 8501-8594
						  (relating to the Pennsylvania Revised Uniform Limited Partnership Act).
Savings Association Code
-The Savings
						  Association Code of 1967 (7 P. S. §§
													6020-1-6020-254).
Submittal
-An assignment, application,
						  amendment, exhibit, articles, certificate, statement, decree, officer's return
						  or other like document filed in an ex parte or other nonadversary
						  proceeding.
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 11.2 - Application and effect of subpart

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						This subpart applies to the activities of the Department conducted under the
						code or under 13 Pa.C.S. (relating to Uniform Commercial Code), 17 Pa.C.S.
						(relating to the Credit Union Code) or 54 Pa.C.S. (relating to names) or under
						another provision of law that makes reference to the powers and procedures of
						Chapter 1 Subchapter B of the code (relating to functions and powers of the
						Department of State).
(b) Chapter
						13 (relating to special rules of administrative practice and procedure), and
						other provisions of this subpart incorporated therein by reference, including
						docketing statement forms, constitute regulations of the Department. The
						remaining provisions of this subpart, including the formats of documents
						published in this subpart, constitute only pronouncements by the Department for
						the benefit of the public concerning the manner in which the Department expects
						to administer the code and related statutes and are not intended to have the
						force of law.
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 11.3 - Functions of Department generally

Current through Register Vol. 54, No. 28, July 13, 2024
The function of the Department under the code and
						  related provisions of law is to act in a manner comparable to the offices of
						  recorder of deeds under former provisions of law as an office of public record
						  wherein articles and other papers relating to association affairs, to names and
						  marks and to cooperative contracts and
Uniform Commercial Code
secured financing documents may be filed to establish the permanent and
						  definitive text thereof and to afford persons the opportunity of acquiring
						  knowledge of the contents thereof.
This section cited in 19 Pa. Code §
														11.5 (relating to powers of
							 Department generally).
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 11.4 - Subordination of code to regulatory laws

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 103(a) of the code (relating to
						subordination of title to regulatory laws) provides that the code is not
						intended to authorize a corporation or other association to do an act
						prohibited by a statute regulating the business of the association or by a rule
						or regulation validly promulgated thereunder by a department, board or
						commission of the Commonwealth, and that except as otherwise provided by the
						statutes and rules and regulations promulgated thereunder applicable to the
						business of the association, the issuance by the Department of a certificate
						evidencing the incorporation of a corporation or the filing of an instrument
						with respect to or the qualification of an association under the code or an
						amendment to its articles or other change in its status or other action under
						the code will not be effective to exempt the association from the requirements
						of those statutes or rules and regulations.
(b) Section 103(b) of the code provides that
						a document filed in the Department or a bylaw adopted or other corporate or
						other action taken under the authority of the code or other action pursuant
						thereto in violation of a statute or rule or regulation regulating the business
						of the association shall be ineffective as against the Commonwealth, including
						the departments, boards and commissions thereof, until the violation is
						cured.
(c) Section 103(c) of the
						code provides that, if and to the extent that a statute regulating the business
						of a corporation or other association sets forth provisions relating to the
						government and regulation of the affairs of associations that are inconsistent
						with the code on the same subject, the provisions of the other statute
						control.
This section cited in 19 Pa. Code §
														11.11 (relating to requirements to
							 be met by filed documents).
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 11.5 - Powers of Department generally

Current through Register Vol. 54, No. 28, July 13, 2024
The code provides that the Department has the power and
						  authority reasonably necessary to enable it to administer Chapter 1 Subchapter
						  B of the code (relating to functions and powers of Department of State)
						  efficiently and to perform the functions specified in §
												11.3 (relating to functions of
						  Department generally) and in 13 Pa.C.S. (relating to Uniform Commercial Code)
						  and in 17 Pa.C.S. (relating to Credit Union Code).
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 11.6 - Limited Departmental review function

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except to the extent required to
						determine whether the document complies with §
												11.11 (relating to requirements to
						be met by filed documents), the Department is prohibited by law from examining
						articles and other documents authorized or required to be filed in the
						Department under the code and related legislation to determine whether the
						language or content thereof conforms to the provisions of the applicable
						law.
(b) A document delivered to
						the Department for the purpose of filing in the Department will be deemed to be
						in accordance with law and to conform to law, as those terms are used in
						statutes relating to the powers and duties of the Department, if the document
						conforms to § 11.11.
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 11.7 - Size, shape and physical characteristics of filed documents

Current through Register Vol. 54, No. 28, July 13, 2024
Articles and other documents authorized or required to
						  be filed in the Department under the code and related legislation shall be in a
						  format as to size, shape and other physical characteristics prescribed by
						  Chapter 13 (relating to special rules of administrative practice and procedure)
						  and other applicable provisions of this title. See also §
												13.5 (relating to
						  form).
This section cited in 19 Pa. Code § 13.5
							 (relating to form).
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 11.8 - Specification of required number of copies of documents

Current through Register Vol. 54, No. 28, July 13, 2024
Section 133(d) of the code (relating to powers of
						  Department of State) provides that the Department is authorized to require by
						  regulation the submission of not to exceed three conformed copies of a document
						  in addition to the original and copies thereof otherwise required by law. In
						  general, under §
												13.9 (relating to number of
						  copies) only one original of a form or other filing permitted or required by
						  law to be made in the Department is required to be submitted to the Department.
						  In other cases, the formats promulgated by the Department in this title for use
						  under the code and related legislation for the form or other filing include a
						  statement of the total number of documents, the original and copies, required
						  to be submitted to the Department as part of a single filing. See also §
						  13.9.
This section cited in 19 Pa. Code §
														13.9 (relating to number of
							 copies).
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 11.9 - Engrossed certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Whenever the Department has taken action under the code or related legislation,
						the Department will, upon request and payment of the applicable fee therefor
						(see §
												3.22(d) (relating
						to certification fees)), prepare and issue to a person entitled thereto an
						engrossed certificate evidencing the action, executed by the Secretary of the
						Commonwealth under the seal of the Commonwealth.
(b) In the alternative, the Department will
						officially certify an appropriately-worded engrossed certificate prepared by
						the applicant for the fee in §
												3.22(d).
This section cited in 19 Pa. Code §
														3.22 (relating to certification
							 fees).
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 11.10 - Docketing statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department is authorized by section 134 of the code (relating to docketing
						statement) to prescribe by regulation one or more official docketing statement
						forms designed to elicit from a person effecting a filing under the code and
						related legislation information that the Department has found to be necessary
						or desirable in connection with the processing of a submittal. The code
						provides that a form of docketing statement:
(1) Shall be published in the
Pennsylvania Code
. See §§
													13.12 and
						13.51 (relating to docketing
						statements; and official forms).
(2) May not be integrated into a single
						document covering the requirements of the submittal and its related docketing
						statement.
(3) May be required by
						the Department in connection with a submittal only if notice of the requirement
						appears on the official format for the submittal published in this
						subpart.
(4) May not be required to
						be submitted on Department furnished forms.
(5) May not constitute a document filed in,
						with or by the Department for the purposes of this title or another provision
						of law except
						18 Pa.C.S. §
														4904
						(relating to unsworn falsification to authorities).
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 11.11 - Requirements to be met by filed documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 135 of the code (relating to
						requirements to be met by filed documents) provides that a document shall be
						accepted for filing by the Department if it satisfies the following
						requirements:
(1) The document purports on its
						face to relate to matters authorized or required to be filed under the code or
						other applicable law or contains a caption indicating that relationship and, if
						no applicable docketing statement has been prescribed (see §
													13.51 (relating to official
						forms)), contains sufficient information to permit the Department to prepare a
						docket record entry:
(i) Identifying the name
						of the association or other person to which the document relates.
(ii) Identifying the association or
						associations, if any, the existence of which is to be created, extended,
						limited or terminated by reason of the filing and the duration of existence of
						the association.
(iii) Specifying
						the date upon which the creation or termination of existence, if any, of the
						association effected by the filing will take effect.
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 11.12 - Processing of documents by Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A document deposited with the Department
						will be marked with a receipt date.
(b) A document marked with a receipt date
						will be examined by the Department to determine if it conforms with the
						requirements of §
												11.11 (relating to requirements to
						be met by filed documents).
(c) If
						it is determined that a document conforms to the requirements of §
												11.11 it will be filed by the
						Department as of the receipt date.
(d) If a document is deposited and is
						rejected for failing to conform with § 11.11, the Department will notify
						the person who deposited the document of the rejection. If the completed
						document, including a fee required by §
												3.24 (relating to invoicing fee),
						is resubmitted within 30 days of the mailing of the notice, the Department will
						file the document as of the day the document was originally deposited if the
						following apply:
(1) One of the following
						applies:
(i) There has been no definitive
						filing or interim filing utilizing the association name.
(ii) Evidence of reservation of an involved
						association name accompanies the document (see §
														17.31 (relating to availability
						and reservation of name)).
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 11.13 - Immediate certified copy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						a duplicate copy, which may be either a signed or conformed copy, of articles
						or other document authorized or required by the code or related legislation to
						be filed in the Department is delivered to the Department with the original
						signed document, the Department is required by section 136(b) of the code
						(relating to processing of documents by Department of State) to compare the
						duplicate copy with the original signed document and, if it finds that they are
						identical, to certify the duplicate copy by making upon it the same endorsement
						that is required to appear upon the original, together with a further
						endorsement that the duplicate copy is a true copy of the original signed
						document, and to return the duplicate copy to the person who delivered it to
						the Department.
(b) If the
						duplicate copy is delivered by hand to the Department at Room 308, North Office
						Building, Harrisburg, at least 4 hours before the close of business on a day
						not a holiday and relates to a matter other than a filing made under 54 Pa.C.S.
						(relating to names) or the reservation or registration of a name under the code
						or 17 Pa.C.S. (relating to Credit Unions Code), and in the case of a document
						that creates an association, effects or reflects a change in name, or qualifies
						a foreign association to do business in this Commonwealth is accompanied by
						evidence that the name has been reserved or registered by or on behalf of the
						applicant, the Department before the close of business on that day will either:
(1) Certify the duplicate copy as required by
						this section and make the certified copy available at Room 308, North Office
						Building, Harrisburg, to or upon the order of the person who delivered it to
						the Department. In lieu of comparing the duplicate copy with the original
						signed document as provided in this paragraph, the Department may make a copy
						of the original signed document at the cost of the person who delivered it to
						the Department.
(2) Make available
						at Room 308, North Office Building, Harrisburg, to or upon the order of the
						person who delivered it to the Department a brief statement in writing of the
						reasons of the Department for refusing to certify the duplicate copy.
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 11.14 - Effective date of documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						as otherwise provided in the code and related legislation with respect to the
						inclusion in a document of a statement of a delayed effective date, section
						136(c) of the code (relating to processing of documents by Department of State)
						provides that a document shall become effective upon the filing thereof in the
						Department. See §
												11.12 (relating to processing of
						documents by Department).
(b) If a
						filed document contains a delayed effective date, the document will not affect
						corporate existence until the effective date despite the fact that the document
						was filed prior to that date.
This section cited in 19 Pa. Code §
														11.12 (relating to processing of
							 documents by Department).
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 11.15 - Disposition of filed documents

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may make a copy, on microfilm or
						  otherwise, of a document filed in, with or by it under the code or related
						  legislation, or a statute thereby supplied or repealed, and under section
						  136(d) of the code (relating to processing of documents by Department of State)
						  thereafter destroy the document or, if required by the applicable procedure,
						  return it to or upon the order of the person who delivered the document to the
						  Department.
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 11.17 - Judicial review of rejection of documents involving examination of mark or insignia

Current through Register Vol. 54, No. 28, July 13, 2024
Section 137(c)(2) of the code (relating to court to
						  pass upon rejection of documents by Department of State) provides that a
						  determination by the Department with respect to the registrability of a label
						  or other mark under 54 Pa.C.S. (relating to names) or otherwise affecting the
						  status of a label or other mark shall be subject to judicial review under 2
						  Pa.C.S. (relating to administrative law and procedure) and not under §
												11.16 (relating to summary
						  judicial review of rejection of documents not involving examination of mark or
						  insignia).
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 11.18 - Statement of correction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
						138 of the code (relating to statement of correction) provides that whenever a
						document authorized or required to be filed in the Department by a provision of
						the code or of 54 Pa.C.S. (relating to names) has been so filed and is an
						inaccurate record of the corporate or other action referred to, or was
						defectively or erroneously executed, the document may be corrected by filing in
						the Department Form DSCB: 15-138 (Statement of Correction) with respect to the
						document. The code provides that the corrected document shall be effective:
(1) Upon filing in the Department, as to
						those persons who are substantially and adversely affected by the
						correction.
(2) As of the date the
						original document was effective, as to all other persons.
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 11.19 - Tax clearance of certain fundamental transactions

Current through Register Vol. 54, No. 28, July 13, 2024
Section 139 of the code (relating to tax clearance of
						  certain fundamental transactions) provides that certain filings may not be made
						  unless the articles, certificate, application or other document are accompanied
						  by clearance certificates from the Department of Revenue and the Office of
						  Employment Security of the Department of Labor and Industry, evidencing the
						  payment by the association of taxes and charges due the Commonwealth as
						  required by law. See §
												13.13 (relating to tax clearance
						  certificates).
This section cited in 19 Pa. Code §
														13.13 (relating to tax clearance
							 certificates).
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 B - FORMS › Section 11.101 - Official form

Current through Register Vol. 54, No. 28, July 13, 2024
The following official form has been promulgated under
						  this chapter and appears in Appendix A:
Form DSCB: 15-138 (Statement of
						  Correction).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
												31.1 (relating to scope of part),
						  1 Pa. Code Part II (relating to the general rules of administrative practice
						  and procedure) is applicable to the activities of and proceedings before the
						  Corporation Bureau, except as otherwise provided in Chapter 3 (relating to fees
						  and charges) and in this chapter.
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.2 - Information and special instructions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Information as to procedures followed by and practice before the Bureau will be
						furnished upon written or telephone application to:
Director
Corporation Bureau
Department of State
Room 308 North Office Building
Harrisburg, Pennsylvania 17120-0029
(717) 787-1057
(b) Subsection (a) supplements 1 Pa. Code
						§
												31.4 (relating to information and
						special instructions).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.3 - Communications and filings generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Communications and filings should be
						addressed as follows:
Corporation Bureau
Department of State
Room 308 North Office Building
Harrisburg, Pennsylvania 17120-0029
(b) Communications should be accompanied by
						the following:
(1) A letter of transmittal
						briefly summarizing the nature of the submittal or request.
(2) The fee or other information relating to
						the payment of fees and charges required by Chapter 3 (relating to fees and
						charges).
(3) An ancillary document
						required by statute, such as consent to use of name, evidence of reservation of
						name, requisite approvals by regulatory authorities, tax clearance
						certificates, and the like. In general, these items are identified in the
						official instructions to the appropriate form. See §
													1.3 (relating to official
						forms).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.4 - Acknowledgment of filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A stamped
						self-addressed postcard describing the submittal, or a self-addressed stamped
						envelope with a copy of the submittal, may be transmitted to the Department
						with a submittal tendered under this subpart. Upon filing of the submittal, the
						Corporation Bureau will date-stamp and mail the postcard or the copy of the
						submittal.
(b) The date stamp of
						the Corporation Bureau on a postcard or copy under subsection (a) is evidence
						that the related submittal has been received; examined by the Corporation
						Bureau to the extent permitted by law; and filed in, by and with the
						Department.
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.6 - Incorporation by reference

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						as otherwise provided by statute or by this part, a submittal may not
						incorporate by reference a document already on file in the Department. A
						document may incorporate another document forming a part of the same
						submittal.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												33.3 (relating to incorporation by
						reference).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.7 - Single submittal covering more than one matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided by statute,
						a submittal may not combine documents relating to two or more distinct
						transactions, whether or not related.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												33.4 (relating to single pleading
						or submittal covering more than one matter).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.8 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						otherwise required by statute, a submittal filed by a corporation or other
						association may be subscribed by an authorized officer of the corporation or
						other association. The corporate or other association seal may be affixed and
						attested but the affixation or attestation of the corporate or other
						association seal is not necessary for the execution of a filing in the
						Department under the code or under 54 Pa.C.S. (relating to names).
(b) Signatures shall be in black or blue
						ink.
(c) The Department will not
						examine a document to determine whether the document has been executed by an
						authorized person or by sufficient authorized persons or otherwise is duly
						executed.
(d) A document shall be
						deemed executed if it contains a facsimile signature if the operative portions
						of the document meet applicable physical characteristic requirements prescribed
						under this chapter.
(e) Section
						135(b) of the code (relating to requirements to be met by filed documents)
						provides that a person, other than an incorporator or officer of a corporation,
						as such, may sign a document by an attorney-in-fact or fiduciary. It is not
						necessary to present to or file in the Department the original or a copy of a
						document evidencing the authority of an attorney-in-fact or fiduciary. See
						18 Pa.C.S. §§
													4904 and
						4911 (relating to unsworn
						falsification to authorities; and tampering with public records or
						information).
(f) See §
												13.9(a) (relating
						to number of copies) as to optional submission of the original
						document.
(g) Subsection (a)
						supplements and partially supersedes 1 Pa. Code §
												33.11 (relating to
						execution).
This section cited in 19 Pa. Code §
														11.11 (relating to requirements to
							 be met by filed documents); 19 Pa. Code §
														13.3 (relating to communications
							 and filings generally); and 19 Pa. Code § 17.207 (relating to
							 execution).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.9 - Number of copies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						otherwise required by statute or this subpart, only one copy of a submittal and
						one copy of related correspondence shall be furnished to the Department. In
						this subpart and the related forms a reference to "two copies" or "file in
						duplicate" or the like does not imply that a third document is required. The
						terminology is used to permit the filing party to retain the executed original
						and submit only photocopies or facsimiles. Thus under the first sentence of
						this subsection an original and one copy of a submittal are not required, only
						the original or one photocopy or facsimile copy.
(b) See also §
												11.8 (relating to specification of
						required number of copies of documents).
(c) Subsection (a) supersedes 1 Pa. Code
						§
												33.15 (relating to number of
						copies).
This section cited in 19 Pa. Code §
														11.8 (relating to specification of
							 required number of copies of documents); and 19 Pa. Code §
														13.8 (relating to
							 execution).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.10 - Names

Current through Register Vol. 54, No. 28, July 13, 2024
A submittal shall comply with Chapter 17 (relating to
						  names).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.11 - Addresses

Current through Register Vol. 54, No. 28, July 13, 2024
A submittal shall comply with Chapter 19 (relating to
						  registered offices and addresses).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.12 - Docketing statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) One or
						more separate docketing statements shall be submitted with a submittal only if
						notice of the requirement appears on the official format for the filing
						published in this part. See also §§
												11.10 and
						13.51 (relating to docketing
						statements; and official forms).
(b) A filing may be rejected if a required
						docketing statement is not accurately and fully completed.
This section cited in 19 Pa. Code §
														11.10 (relating to docketing
							 statements); and 19 Pa. Code §
														11.11 (relating to requirements to
							 be met by filed documents).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › GENERALLY › Section 13.13 - Tax clearance certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						domestic association may not file one or more of the following documents in the
						Department unless the document is accompanied by tax clearance certificates
						from the Department of Revenue and the Office of Employment Security of the
						Department of Labor and Industry, evidencing the payment by the association of
						taxes and charges due the Commonwealth required by law:
(1) Articles or a certificate of merger or
						consolidation effecting a merger or consolidation into a nonqualified foreign
						association.
(2) Articles or a
						certificate of dissolution.
(3) A
						statement of revival.
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › SEARCHES AND INFORMATION › Section 13.31 - Searches and information; telephone inquiries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon request, the Department will search
						and report on the status of, and if requested, provide certified or uncertified
						copies of documents or information of record in the Corporation Bureau. See
						Chapter 3 (relating to fees and charges) with respect to the amount and method
						of payment of applicable charges.
(b)
Uniform Commercial Code
or cooperative contract (see section 7123(a) of the code (relating to filing
						procedures)) inquiries will not be handled by telephone.
(c) Other inquiries will not be handled by
						telephone except as follows:
(1) Inquiry
						concerning the availability of not to exceed three association names.
(2) Inquiries which relate to the following
						information contained in the official index records of the Corporation Bureau:
(i) Name of an association.
(ii) Date of filing and specified effective
						date, if applicable.
(iii)
						Registered office address.
(iv)
						Officers of the association, if available. See §§
														23.51 and
						41.52 (relating to annual report
						information; and annual report).
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 13 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › FORMS › Section 13.51 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following official forms have been promulgated
						  under this chapter and appears in Appendix A:
(1) Form DSCB: 15-134A (Docketing
						Statement)
(2) Form DSCB: 15-134B
						(Changes-Docketing Statement)
This section cited in 19 Pa. Code §
														11.10 (relating to docketing
							 statements); 19 Pa. Code §
														11.11 (relating to requirements to
							 be met by filed documents); and 19 Pa. Code §
														13.12 (relating to docketing
							 statements).
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 15 - CUSTODY AND MANAGEMENT OF ORPHAN CORPORATE AND BUSINESS RECORDS › Section 15.1 - Transfer of custody and management of orphan corporate and business records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 of State is authorized, under
					 15 Pa.C.S. §
												140, to
					 provide for the transfer on a progressive and phased basis to the custody and
					 management of the Department any or all orphan corporate and business records.
					 These records are corporate and limited partnership filings and recordings
					 which were formally effected in the office of the Clerk of Court of Common
					 Pleas or the office for the recording of deeds or an equivalent row office in a
					 home rule charter county and which are no longer effected in such offices by
					 reason of the enactment of corporate statutes.
(b) Under
					 15 Pa.C.S. §
												140(b), the Department is
					 required to publish in the
Pennsylvania Code
a notice where,
					 as between a county and the Department, custody of all orphan corporate and
					 business records resides. Under this requirement, notice is hereby given that
					 as of September 1, 1996, all orphan corporate records maintained in the 67
					 counties of the Commonwealth of Pennsylvania have been transferred to the
					 Department of State's Corporation Bureau. The records are available on 16mm
					 microfilm and are accessible to the public.