reglab/statecodes huggingface dataset:
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.2 - Appropriation of the name of a senior corporation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 802(a)(x) of the Banking Code
						  (7 P.
						  S. §
														802(a)(x)) and
						  section 1301(b)(1) of the BCL (relating to purposes) and section 5303(b)(1) of
						  the NPCL (relating corporate name) provide that a junior corporation may adopt
						  the name of another association if the other association meets the following
						  conditions:
(1) Is about to change its name,
						  or to cease to do business, or is being wound up, or is a foreign association
						  which is about to withdraw from doing business in this Commonwealth. In all
						  these cases, the written consent of a senior association to the adoption of its
						  name by the junior corporation shall be executed on Form DSCB:17.2 (Consent to
						  Appropriation of Name).
(2) Has
						  filed with the Department of Revenue a certificate of out of existence, or has
						  failed for a period of 3 successive years to file with the Department of
						  Revenue a report or return required by law. It is the responsibility of the
						  applicant to communicate directly with the Department of Revenue to ascertain
						  the status of the senior association. If the association is not in good
						  standing the applicant shall request the Department of Revenue to certify the
						  failure to file to the Department. See 61 Pa. Code §§
														151.11-151.13 (relating to termination;
						  minimum reporting; and resumption of reporting).
(3) Has abandoned its name under the laws of
						  its jurisdiction of incorporation, by amendment, merger, consolidation,
						  division, expiration, dissolution or otherwise, without its name being adopted
						  by a successor in a merger, consolidation, division or otherwise, and an
						  official record of that fact, certified as provided by
						  42 Pa.C.S. §
															5328
						  (relating to proof of official records) is presented by a person to the
						  Department.
(4) Has had the
						  registration of its name under Subchapter B (relating to registration of names)
						  terminated. If the termination was effected by operation of §
														17.102 (relating to decennial
						  filings), the application for the name shall be accompanied by a verified
						  statement stating that at least 30 days written notice of intention to
						  appropriate the name was given to the delinquent association at its registered
						  office, and that after diligent search by the affiant, the affiant believes the
						  association to be out of existence.
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.3 - Use of a confusingly similar name

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 802(a)(x) of the Banking Code
						  (7 P.
						  S. §
														802(a)(x)),
						  section 1303(b)(1) of the BCL (relating to corporate name), 5303(b)(1) of the
						  NPCL (relating to corporate name) and
						  54 Pa.C.S. §
														311(e)(1) (relating to
						  registration), provide that an entity may adopt a name which is confusingly
						  similar to the name of another association with the consent of the other
						  association. In all these cases, the written consent of the association to the
						  adoption of the name which is confusingly similar to its name shall be executed
						  on Form DSCB:17.3 (Consent to Use of Similar Name).
(b) If a confusingly similar name is made
						  available on the basis of Form DSCB:17.3 which recites that the senior
						  association is about to change its name, or to cease to do business, or is
						  being wound up or is about to withdraw from doing business in this
						  Commonwealth, and the senior association continues to use its name in this
						  Commonwealth, and does not change its name, cease to do business, be wound up
						  or withdraw as it proposed to do in its consent, the senior association is
						  liable to injunction proceedings at the instance of the Attorney General or a
						  person adversely affected.
(c) In
						  determining whether one name is confusingly similar to another, the Department
						  will apply the following criteria:
(1) A name
						  is confusingly similar if it fails to adequately differentiate an association
						  from other associations. The following individually or in a combination result
						  in a confusingly similar name, producing a conflict which requires written
						  consent:
(i) The use of a different corporate
						  designator; for example, Corp., Co., Inc., Ltd., and the like.
(ii) The use of a plural.
(iii) The use of an article, that is, "a" or
						  "the."
(iv) The use of a geographic
						  designator after the association name.
(v) The use of a numeral or spelled number
						  after the association 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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.4 - Governmental names

Current through Register Vol. 54, No. 28, July 13, 2024
Except as otherwise required by statute, the
							 Department will not file a document deposited on behalf of a proposed or
							 existing private association which has the effect of appropriating to the
							 association the name of an administrative department, board, commission or
							 other agency of the Commonwealth or which implies that the association is a
							 governmental agency of the Commonwealth or of the United States. See, for
							 example, sections 1303(c)(1)(i) of the BCL (relating to corporate name) and
							 5303(c)(1)(i) of the NPCL (relating to corporate 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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.5 - Blasphemy or profanity

Current through Register Vol. 54, No. 28, July 13, 2024
An association name may not contain words that
							 constitute blasphemy, profane cursing or swearing or that profane the Lord's
							 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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.6 - Banking names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section
						  805(d) of the Banking Code (7 P. S. §
														805(d)) requires that the
						  Department refuse to approve as a corporate name or to register as a fictitious
						  name a name which has the following characteristics:
(1) Is deceptively similar to the name of an
						  institution subject to the Banking Code.
(2) Contains the words "bank," "banking,"
						  "banker" or "trust" or the plural of these words, except when the filing is
						  tendered on behalf of one of the following:
(i) An institution subject to the Banking
						  Code.
(ii) A Federal Reserve
						  Bank.
(iii) A National
						  bank.
(iv) A Federal Intermediate
						  Credit Bank, Federal Land Bank, Federal Home Loan Bank or a Bank for
						  Cooperatives.
(v) The International
						  Bank for Reconstruction and Development.
(vi) The Inter-American Development
						  Bank.
(vii) A Pennsylvania bank
						  holding company.
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.7 - Cooperative names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 7103
						  of the CCL (relating to use of term "cooperative" in corporate name) provides
						  that, except as otherwise provided by statute:
(1) The corporate name of a cooperative
						  corporation shall contain the term "cooperative" or an abbreviation
						  thereof.
(2) The name of an
						  association may not contain the term "cooperative" or an abbreviation thereof
						  unless the association is a cooperative corporation.
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.8 - Educational names

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 1303(c)(2)(i) of the BCL (relating to
							 corporate name) and under section 5303(c)(2)(i) of the NPCL (relating to
							 corporate name),
							 24 Pa.C.S. §
														6507
							 (relating to institution names to be approved by department) and
							 54 Pa.C.S. §
														311(f)(1) (relating to
							 registration), the Department will not approve an association name or register
							 a fictitious name including the words "college," "university" or "seminary"
							 used to imply that the entity is an educational institution conforming to the
							 standards and qualifications prescribed by the State Board of Education, as set
							 forth in 22 Pa. Code Part I (relating to State Board of Education), unless the
							 submittal is accompanied by a certificate from the Department of Education that
							 the entity is entitled to use the designation.
This section cited in 19 Pa. Code §
															13.14 (relating to governmental
								approvals); and 19 Pa. Code §
															17.204 (relating to general
								restrictions on name availability).
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.10 - Insurance names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In section
						  1303(c)(1)(iii) of the BCL (relating to corporate name) it is provided that the
						  name of a business corporation may not imply that the corporation is an
						  insurance company nor contain the words "annuity," "assurance," "beneficial,"
						  "bond," "casualty," "endowment," "fidelity," "fraternal," "guaranty,"
						  "indemnity," "insurance," "insurer," "reassurance," "reinsurance," "surety" or
						  "title" when used to imply that the corporation is engaged in the business of
						  writing insurance or reinsurance as principal or other words of like purport
						  unless it is licensed as an insurance company by its jurisdiction of
						  incorporation or the Insurance Department certifies to the Department that the
						  Insurance Department has no objection to the use by the corporation or proposed
						  corporation of the designation, and that the name of a domestic insurance
						  corporation shall contain the word "mutual" only if it is a mutual insurance
						  company.
(b) In section
						  5303(c)(1)(iii) of the NPCL (relating to corporate name), it is provided that
						  the name of a nonprofit corporation may not imply that the corporation is an
						  insurance company of any of the classes which might be incorporated under the
						  BCL.
This section cited in 19 Pa. Code §
															13.14 (relating to governmental
								approvals).
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.11 - Public utility names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In section
						  1303(c)(1)(iv) of the BCL (relating to corporate name) it is provided that the
						  name of a business corporation may not imply that the corporation is a public
						  utility corporation, as defined in the BCL, furnishing electric or gas service
						  to the public, unless the corporation or proposed corporation has as an express
						  corporate purpose the furnishing of service subject to the jurisdiction of the
						  Pennsylvania Public Utility Commission or the Federal Energy Regulatory
						  Commission.
(b) In section
						  5303(c)(1)(iv) of the NPCL (relating to corporate name) it is provided that the
						  name of a nonprofit corporation may not imply that the corporation is a public
						  utility as defined in
						  66 Pa.C.S. §
														102
						  (relating to definitions).
This section cited in 19 Pa. Code §
															23.4 (relating to stated
								purposes).
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 17 - NAMES › Subchapter A - NAMES GENERALLY › GENERAL › Section 17.12 - Young Men's Christian Association names

Current through Register Vol. 54, No. 28, July 13, 2024
In section 5303(c)(1)(iv) of the NPCL (relating to
							 corporate name) it is provided that the name of a nonprofit corporation may not
							 contain the words "Young Men's Christian Association" or other words implying
							 that the corporation is affiliated with the State Young Men's Christian
							 Association of Pennsylvania unless the corporation is incorporated for the
							 purpose of the improvement of the spiritual, mental, social and physical
							 condition of young people, by the support and maintenance of lecture rooms,
							 libraries, reading rooms, religious and social meetings, gymnasiums and other
							 means and services as may conduce the accomplishment of that object, according
							 to the general rules and regulations of the State
							 association.
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 17 - NAMES › Subchapter A - NAMES GENERALLY › RESERVATION OF NAME › Section 17.31 - Availability and reservation of name

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will determine the availability of an association name upon
						  written request. See §
													13.31 (relating to searches and
						  information; telephone inquiries) with respect to the receipt of requests by
						  telephone.
(b) In section 1305 of
						  the BCL (relating to reservation of corporate name), in section 5305 of the
						  NPCL (relating to reservation of corporate name) and in section 8505(b) of
						  RULPA (relating to name) there are provisions for the temporary reservation of
						  association names. The right to the exclusive use of an available association
						  name may be reserved by a person by written request. If the Department finds
						  that the name is available, it will reserve the name for the exclusive use of
						  the applicant for a period of 120 days, or for 6 months in the case of
						  reservations under section 804 of the Banking Code (7 P. S. §
														804) or section 303 of the Savings
						  Association Code of 1967 (7 P. S. §
														6020-43).
(c) The name reserved is the name set forth
						  in the Department's name reservation confirmation. This confirmation is
						  computer produced based upon the records of the Department. It is the
						  responsibility of the person reserving the name to ascertain that the name
						  reserved on the records of the Department conforms in all respects to the name
						  requested.
(d) The right to
						  exclusive use of a specified association name reserved under subsection (b) may
						  be transferred to another person by delivering to the Department a written
						  notice of the transfer, executed by the person for whom the name was reserved
						  under the official, professional or business letterhead of the person. The
						  notice shall specify the name and address of the transferee.
(e) The right to the exclusive use of a name
						  shall also inure, as of the filing date of a submittal, to an association which
						  has made a filing with the Department appropriating the name but where the
						  filing specifies an effective date subsequent to the filing date.
This section cited in 19 Pa. Code §
															3.2 (relating to date of deposit
								as filing date); and 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 17 - NAMES › Subchapter A - NAMES GENERALLY › FOREIGN ASSOCIATIONS › Section 17.41 - Foreign association names

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  This subchapter is also generally applicable to determination of the
						  availability of a name for use by a foreign association which desires to
						  receive a new or amended certificate of authority to do business in this
						  Commonwealth, except that under section 4123(a) of the BCL (relating to
						  requirements for foreign corporation names), §
													17.6 (relating to banking names)
						  does not limit the availability of foreign business corporation
						  names.
(b) In section 4123(b) of
						  the BCL and section 6123(b) of the NPCL (relating to requirements for foreign
						  corporation names) the Department is authorized to issue a certificate of
						  authority to a foreign business corporation or a foreign nonprofit corporation
						  setting forth a name that is confusingly similar to the name of another
						  association then registered under 54 Pa.C.S. Chapter 5 (relating to corporate
						  and other association names), or to a name reserved as provided in this
						  subpart, if the foreign corporation applying for a certificate of authority
						  files one of the following in the Department:
(1) A resolution of its board of directors or
						  other body adopting a fictitious name for use in transacting business in this
						  Commonwealth. The fictitious name may not be confusingly similar to the name of
						  the other corporation or other association or to a name reserved or registered
						  as provided in Part II of the code (relating to corporations).
(2) The written consent of the other
						  corporation or other association or holder of a reserved or registered name to
						  use the same or confusingly similar name is submitted on Form DSCB:17.3
						  (Consent to Use of Similar Name) and one or more words are added to make the
						  name applied for distinguishable from the other 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 17 - NAMES › Subchapter A - NAMES GENERALLY › FOREIGN ASSOCIATIONS › Section 17.42 - Corporate designator requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A foreign corporation for profit shall adopt a
							 corporate designator for use in this Commonwealth if none is required by the
							 jurisdiction of incorporation.
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 17 - NAMES › Subchapter A - NAMES GENERALLY › FORMS › Section 17.51 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following official forms have been promulgated
							 under the provisions set forth in this subchapter and appear in Appendix
							 A:
Form DSCB:17.2 (Consent to Appropriation of
							 Name).
Form DSCB:17.3 (Consent to Use of Similar
							 Name).
This section cited in 19 Pa. Code §
															17.102 (relating to decennial
								filings).
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 17 - NAMES › Subchapter B - REGISTRATION OF NAMES › REGISTRATION › Section 17.101 - Registration of names of certain domestic associations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A domestic corporation not-for-profit
						  incorporated prior to May 16, 1923 may register its name under 54 Pa.C.S.
						  Chapter 5 (relating to corporate and other association names) by filing with
						  the Department Form DSCB:15-1311/5311/9305 (Statement of Summary of
						  Record).
(b) An association, other
						  than a corporation, may register with the Department the name under which it is
						  doing business or operating by filing with the Department Form DSCB:54-502
						  (Application for Registration of Unincorporated Association Name).
(c) A new name will not be registered under
						  this section which is the same as or confusingly similar to another name then
						  registered under 54 Pa.C.S. Chapter 5 without the consent of the senior
						  registrant. See §
													17.1(c) (relating
						  to general standards). In these cases, the written consent of the senior
						  registrant to the registration of the name which is confusingly similar to its
						  name shall be executed on Form DSCB:17.3 (Consent to Use of Similar
						  Name).
(d) An unincorporated
						  association which has its name registered under 54 Pa.C.S. Chapter 5 may
						  terminate the registration by filing with the Department Form DSCB:54-506
						  (Statement of Termination of Registration 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 17 - NAMES › Subchapter B - REGISTRATION OF NAMES › REGISTRATION › Section 17.102 - Decennial filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
						  corporation or other association which has its name registered under 54 Pa.C.S.
						  Chapter 5 (relating to corporate and association names) is required by
						  54 Pa.C.S. §
														503
						  (relating to decennial filings required), decennially, during the year 2000 and
						  each year thereafter divisible by ten, to file in the Department a report on
						  Form DSCB:54-503 (Decennial Report of Association Continued
						  Existence).
(b) The decennial
						  filing requirement does not apply to:
(1) A
						  corporation or other association which during the preceding 10 years has made a
						  filing in the Department a permanent record of which is retained by the
						  Department. The Department retains a permanent record of the filings under this
						  subpart, except for filings on a form listed in §
														17.51 (relating to official
						  forms).
(2) A foreign corporation
						  whose name is registered under section 4131 of the BCL (relating to
						  registration of name) or section 6131 of the NPCL (relating to registration of
						  name) or a similar provision 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 17 - NAMES › Subchapter B - REGISTRATION OF NAMES › REGISTRATION › Section 17.103 - Notice of decennial filing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a decennial filing is required to be made in
							 the Department under §
													17.102 (relating to decennial
							 filings), the Department under section 132(d) of the code (relating to
							 functions of Department of State) shall, not earlier than the November 1 of the
							 year-for example, 1999, 2009, and so forth-prior to the commencement of the
							 decennial year wherever practicable, give notice by mail to the registrant or
							 other party of the decennial filing requirement. The notice shall be
							 accompanied by appropriate application blanks or forms. Failure by the
							 Department to give notice to a party, or failure by a party to receive notice,
							 of a decennial filing requirement does not relieve a party of the obligation to
							 make the decennial filing.
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 17 - NAMES › Subchapter B - REGISTRATION OF NAMES › REGISTRATION › Section 17.104 - Registration of nonqualified foreign business or nonprofit corporation name

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Section 4131 of
						  the BCL and section 6131 of the NPCL (relating to registration of name) provide
						  that a nonqualified foreign corporation may register its name under 54 Pa.C.S.
						  Chapter 5 (relating to corporate and other association names) if the name is
						  available for use by a qualified foreign corporation under §
													17.41(a) and (b)
						  (relating to foreign association names), by filing in the Department Form
						  DSCB:15-4131/6131 (Application for Registration of Name-Nonqualified Foreign
						  Corporation).
(b) A corporation
						  that has in effect a registration of its corporate name under subsection (a)
						  may renew the registration from year-to-year by annually filing in the
						  Department Form DSCB:15-4131/6131 (Application for Registration of
						  Name-Nonqualified Foreign Corporation). A renewal application may be filed
						  between October 1 and December 31 in each year and shall extend the
						  registration for the following calendar year.
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 17 - NAMES › Subchapter B - REGISTRATION OF NAMES › FORMS › Section 17.141 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following official forms have been promulgated
							 under this subchapter and appear in Appendix A:
Form DSCB:15-4131/6131 (Application for Registration
							 of Name-Nonqualified Foreign Corporation).
Form DSCB:54-502 (Application for Registration of
							 Unincorporated Association Name).
Form DSCB:54-503 (Decennial Report of Association
							 Continued Existence).
Form DSCB:54-506 (Statement of Termination of
							 Registration of Association 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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.201 - General checklist for registering fictitious names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following is a checklist for
						  registration of a fictitious name:
(1) Submit
						  a written request to the Department to determine whether the proposed name is
						  available for use.
(2) If the
						  proposed name is available, submit a properly completed and executed Form
						  DSCB:54-311 (Application for Registration of Fictitious Name).
(3) Submit a check or money order payable to
						  the Department of State in the amount of $52. Cash is not accepted.
(4) If the registering entity is one which
						  includes an individual party, officially publish a notice as required by §
														17.208 (relating to official
						  advertising of fictitious names involving individual parties), either prior to
						  or after the application is submitted to the Department. Proofs of publication
						  may not be submitted 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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.202 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
							 subchapter, have the following meanings, unless the context clearly indicates
							 otherwise:
Business
-A commercial or
							 professional activity.
Entity
-An individual, corporation,
							 association, partnership, joint-stock company, business trust, syndicate, joint
							 adventureship or other combination or group of persons.
Fictitious name
-An assumed or
							 fictitious name, style or designation other than the proper name of the entity
							 using the name. The term includes the name of an association, general
							 partnership, business trust, syndicate, joint adventureship or similar
							 combination or group of 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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.203 - Voluntary and mandatory registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  54 Pa.C.S. §
														303(a) (relating to scope of
						  chapter), it is provided that one or more entities may elect to register a
						  fictitious name under 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act)
						  for the purpose of establishing a public record of their relationship to a
						  business or other activity carried on under or through the fictitious
						  name.
(b) In
						  54 Pa.C.S. §
														303(b) (relating to
						  mandatory registration) it is provided that:
(1) Except as provided in paragraph (2), an
						  entity which either alone or in combination with another entity conducts
						  business in this Commonwealth under or through a fictitious name is required to
						  register the fictitious name under this subchapter and to amend the
						  registration whenever necessary to maintain the accuracy of the information
						  disclosed thereby.
(2) Paragraph
						  (1) does not apply to:
(i) Nonprofit or
						  professional activities.
(ii)
						  Activities which are expressly or impliedly prohibited by law from being
						  carried on under a fictitious name.
(iii) A limited partnership which is
						  registered in the Department under RULPA or under corresponding provisions of
						  prior law. The preceding sentence does not apply to an entity which includes
						  the limited partnership as a participant unless the entity is itself such a
						  limited partnership.
(iv)
						  Unincorporated association.
(v)
						  Electing partnership existing under Chapter 87 of the code (relating to
						  electing partnerships).
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.204 - General restrictions on name availability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Although the registration of a fictitious
						  name under this subchapter does not automatically prevent another party from
						  using the same or a confusingly similar name for association use, the law does
						  not permit the Department to register a fictitious name which conflicts with an
						  existing association name. Specifically, in
						  54 Pa.C.S. §
														311(e) (relating to
						  registration), it is provided that a fictitious name may not be the same as or
						  confusingly similar to:
(1) The name of a
						  domestic corporation, or a foreign corporation authorized to do business in
						  this Commonwealth, or the name of a corporation or other association registered
						  under 54 Pa.C.S. Chapter 5 (relating to corporate and other association names).
						  See §
														17.1(c) 
						  (relating to general standards) unless the name is available or is made
						  available for use under the provisions or procedures of §
														17.2 or §
														17.3 (relating to appropriation of
						  the name of a senior corporation; and use of a confusingly similar
						  name).
(2) The name of a limited
						  partnership organized under RULPA.
(3) The name of an administrative department,
						  board or commission or other agency of this Commonwealth.
(4) A name the exclusive right to which is at
						  the time reserved by another person in the manner provided by
						  statute.
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.205 - Use of corporate designators

Current through Register Vol. 54, No. 28, July 13, 2024
In
							 54 Pa.C.S. §
														311(b) (relating to
							 registration) it is provided that a registered fictitious name:
(1) May not contain a corporate designator
						  such as "corporate," "incorporated" or "limited" or a derivation or
						  abbreviation thereof unless the entity or at least one entity named in the
						  application for registration of the fictitious name is a corporation. The use
						  of the word "company" or a derivation or abbreviation thereof or the words
						  "association," "fund" or "syndicate" by a sole proprietorship, a partnership or
						  a corporation is permissible.
(2)
						  Is not required to contain a corporate designator, notwithstanding the fact
						  that some or all of the persons interested therein are corporations. This
						  authorization is not to be construed to limit or affect personal liability
						  otherwise existing of shareholders of a corporation to persons who deal with
						  the corporation without knowledge of its status as such.
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.206 - Agent for effecting amendments

Current through Register Vol. 54, No. 28, July 13, 2024
In
							 54 Pa.C.S. §§
														311(c) and
							 312 (relating to
							 registration; and amendment) it is provided that an applicant for registration
							 of a fictitious name or an amendment thereof may designate one or more parties
							 who are authorized to execute Form DSCB:54-312/313 (Application for Amendment,
							 Cancellation or Withdrawal-Fictitious Name) on behalf of then existing parties
							 to the registration.
This section cited in 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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.207 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  54 Pa.C.S. §
														311(d) (relating to
						  registration) it is provided that:
(1) If the
						  application for registration relates to an entity which includes one or more
						  participants which are partnerships or other entities composed of two or more
						  parties, it is not necessary for each ultimate party to be named in and to
						  execute the application. Only the constituent participants are required to be
						  named in the application. A partner or other authorized representative of a
						  participant may execute the application on behalf of the participant.
(2) If the application for registration
						  relates to a trust or similar entity, it is not necessary for each beneficial
						  owner or similar ultimate party to be named in and to execute the application.
						  Only the trustees of the trust or the governing body of the similar entity are
						  required to be named in and to execute the application.
(3) Otherwise, the application for
						  registration is required to be executed by each individual party thereto and,
						  in the case of any other entity, by the entity. As to execution by associations
						  who are participants, see §
														13.8(a) (relating
						  to execution).
(4) The application
						  of a party may be executed by the attorney-in-fact of the party. See §
						  13.8(e).
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.208 - Official advertising of fictitious names involving individual parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Proofs of
						  publication may not be submitted with the Form DSCB:54-311 (Application for
						  Registration of Fictitious Name) or another form submitted under this
						  subchapter. In
						  54 Pa.C.S. §
														311(g) (relating to
						  registration) it is provided that an entity which includes an individual party
						  is required to officially publish in the county in which the principal office
						  or place of business of the entity is or, in the case of a proposed entity, is
						  to be located notice of its intention to file or the filing of an application
						  for registration of a fictitious name. The notice may appear prior to or after
						  the day upon which the application is filed in the Department and shall be kept
						  with the permanent records of the business and shall set forth briefly:
(1) The fictitious name.
(2) The address, including street and number,
						  if any, of the principal office or place of business of the business to be
						  carried on under or through the fictitious name.
(3) The names and respective addresses,
						  including street and number, if any, of the persons who are parties to the
						  registration.
(4) A statement that
						  an application for registration of a fictitious name is to be or was filed
						  under 54 Pa.C.S. (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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.209 - Decennial filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
						  registrant of a fictitious name is required by
						  54 Pa.C.S. §
														321(a) (relating to
						  decennial filings required) decennially, during the year 2000 and each year
						  thereafter divisible by ten, to file in the Department Form DSCB:54-321
						  (Decennial Report of Continued Existence-Fictitious Name).
(b) Subsection (a) does not apply to a
						  registrant which during the preceding 10 years has made a filing with the
						  Department under this subchapter under or with respect to the fictitious name
						  in question.
(c) On January 1 of
						  the year following the year during which a report is required to be filed under
						  subsection (a), every fictitious name with respect to which no report has been
						  filed during the immediately preceding year is deemed under
						  54 Pa.C.S. §
														321(c) to be no longer
						  registered under 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act). The
						  registration may thereafter be restored only by the filing under this
						  subchapter of an original application for registration of fictitious name on
						  Form DSCB:54-311 (Application for Registration of Fictitious Name).
This section cited in 19 Pa. Code §
															17.210 (relating to notice
								decennial filing requirements).
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.210 - Notice of decennial filing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a decennial filing is required to be made in
							 the Department under §
													17.209 (relating to decennial
							 filings), the Department under section 132(d) of the code (relating to
							 functions of Department of State) shall, not earlier than the November 1 of the
							 year-for example, 1999, 2009, and so forth-prior to the commencement of the
							 decennial year wherever practicable, give notice by mail to the registrant of
							 the decennial filing requirement. The notice shall be accompanied by
							 appropriate application blanks or forms. Failure by the Department to give
							 notice to a registrant, or failure by a registrant to receive notice, of a
							 decennial filing requirement does not relieve a registrant of the obligation to
							 make the decennial filing.
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.211 - Effect of nonregistration on enforceability of contracts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An entity which
						  has failed to register a fictitious name as required by §
													17.203 (relating to voluntary and
						  mandatory registration) is not permitted by
						  54 Pa.C.S. §
														331(b) (relating to
						  contracts entered into by entity using unregistered fictitious name) to
						  maintain an action in a tribunal of this Commonwealth until the entity has
						  complied with this subchapter. An action may not be maintained in a tribunal of
						  this Commonwealth by a successor or assignee of the entity on a right, claim or
						  demand arising out of a transaction with respect to which the entity used the
						  fictitious name until the entity, or an entity which has acquired all or
						  substantially all of its assets, has complied with this subchapter. The failure
						  of an entity to register a fictitious name as required by §
													17.203 does not impair the
						  validity of a contract or act of the entity and does not prevent the entity
						  from defending an action in a tribunal of this Commonwealth.
(b) Before an entity may institute an action
						  in a tribunal of this Commonwealth on a cause of action arising out of a
						  transaction in respect to which the entity used a fictitious name prior to the
						  date of the registration of the fictitious name, or after the date its
						  registration under this subchapter was cancelled or otherwise terminated as to
						  the entity, the entity is required by
						  54 Pa.C.S. §
														331(b) to pay to the
						  Department for the use of the Commonwealth a civil penalty of $500.
(c) The penalties of subsections (a) and (b)
						  are not applicable if there has been substantial compliance in good faith with
						  this subchapter or the corresponding provisions of prior law.
This section cited in 19 Pa. Code §
															17.212 (relating to effect of
								registration).
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › GENERAL PROVISIONS › Section 17.212 - Effect of registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  54 Pa.C.S. §
														332(a) (relating to effect
						  of registration), it is provided that registration under this subchapter
						  imparts no legal right to the registering entity other than that the conducting
						  of business by it under a fictitious name will not result in the penalties
						  provided by §
													17.211 (relating to effect of
						  nonregistration on enforceability of contracts).
(b) The registration required under §
													17.211 is in addition to other
						  acts required of a corporation prerequisite to its doing business in this
						  Commonwealth under the code and related provisions of law. The provisions of 54
						  Pa.C.S. Chapter 3 (relating to Fictitious Names Act) or this subchapter will
						  not be construed as relieving an association of a duty under another
						  statute.
(c) In
						  54 Pa.C.S. §
														303(c) (relating to scope of
						  chapter), it is provided that the registration of a fictitious name under this
						  subchapter will not be a defense to an action or proceeding brought to enforce
						  a law which expressly or impliedly prohibits an activity from being carried on
						  under a fictitious name.
(d)
						  Fictitious names registered under the former provisions of the following
						  statutes are under
						  54 Pa.C.S. §
														304
						  (relating to effect of registration under prior statutes) deemed to be
						  registered under this subchapter:
(1) The act
						  of June 28, 1917 (P. L. 645, No. 227), relating to individual fictitious names
						  (Repealed).
(2) The act of May 24,
						  1945 (P. L. 967, No. 380), referred to as the Fictitious Name Act
						  (Repealed).
(3) The Fictitious
						  Corporate Name Act (Repealed).
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 17 - NAMES › Subchapter C - FICTITIOUS NAMES › FORMS › Section 17.251 - Official forms

Current through Register Vol. 54, No. 28, July 13, 2024
The following official forms have been promulgated
							 under this subchapter and appear in Appendix A:
Form DSCB:54-311 (Application for Registration of
							 Fictitious Name).
Form DSCB:54-312/313 (Application for Amendment,
							 Cancellation or Withdrawal-Fictitious Name).
Form DSCB:54-321 (Decennial Report of Continued
							 Existence-Fictitious Name).