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PA Bulletin, Doc. No. 08-892

NOTICES

DEPARTMENT OF STATE

Proposal to Amend 19 Pa. Code Appendix B

[38 Pa.B. 2199]
[Saturday, May 10, 2008]

   The Department of State (Department), Corporation Bureau (Bureau) proposes to amend 19 Pa. Code Appendix B (relating to official forms), to read as set forth in the Annex A.

A.  Effective Date

   The proposed amendment will be effective upon publication of the final-form in the Pennsylvania Bulletin.

B.  Statutory Authority

   The Department has the authority to promulgate Bureau sample forms and instructions under 15 Pa.C.S. § 133 (relating to powers of Department of State) (Associations Code). Section 133(a)(1) of the Associations Code, 15 Pa.C.S. § 133(a)(1), specifies that sample filing forms shall not be agency regulations and are therefore explicitly excluded from the requirements of section 612 of The Administrative Code of 1929 (71 P. S. § 232), and review under the Commonwealth Attorneys Act (71 P. S. §§ 732-101--732-506) and the Regulatory Review Act (71 P. S. §§ 745.1--745.15). Section 133(a)(1) of the Associations Code does, however, require that the forms and instructions be subject to the opportunity for public comments under section 201 of the act of July 31, 1968 (P. L. 769, No. 240).

C.  Description of Proposed Revisions

   This proposal revises one of the existing forms and instructions currently published in the Pennsylvania Code. The form (DSCB-172-173) currently relates to Consent to Appropriation of Name and Consent to Use of Similar Name. The Department has updated the form and instructions so that they comport with 15 Pa.C.S. § 1303(b), which mandates that an entity name must be distinguishable upon the records of the Bureau from the name of any other association already registered with the Bureau, with limited exceptions. Therefore, box 7 of the previous form has been omitted. Consent to use of the same association name is limited to the four circumstances in box 6 of the form: where the former association is about to change its name, cease to do business, is being wound up, or is about to withdraw from doing business in this Commonwealth.

   The consent forms and instructions currently published in 19 Pa. Code is being deleted and replaced with the revised form set forth in Annex A. Even though Rule 2.10(a) of the Pennsylvania Code and Bulletin Style Manual recommends that forms be referenced in regulations rather than adopted in regulations, section 133 of the Associations Code requires that the forms and instructions be published in the Pennsylvania Code.

D.  Fiscal Impact

   While this proposal would have no measurable fiscal impact upon the Commonwealth, its political subdivisions, or the private sector, a formal fiscal analysis was not conducted because these forms are exempt from the requirements of section 612 of The Administrative Code of 1929 (71 P. S. § 232).

E.  Paperwork Requirements

   This proposal would not create new paperwork.

F.  Regulatory Review

   Under section 15 Pa.C.S. § 133(a), sample forms are exempt from the requirements of the Regulatory Review Act (71 P. S. §§ 745.1--745.15), but shall be subject to the opportunity of public comment requirement under section 201 of the act of July 31,1968 (P. L. 769, No. 240).

G.  Public Comment

   Under 15 Pa.C.S. § 133(a)(1), which requires that publication of these forms be subject to the opportunity for public comment, the Department invites interested persons to submit written comments, suggestions or objections regarding this proposal to Martha H. Brown, Assistant Counsel, Department of State, 301 North Office Building, Harrisburg, PA 17120, within 30 days following publication of this notice in the Pennsylvania Bulletin. Reference Corporation Bureau--Official Forms when submitting comments.

PEDRO A. CORTES,   
Secretary

   (Editor's Note:  The Department is proposing to delete the form and instructions which appear at Appx. 54 and 55 (Serial pages 284552) and (284553) in the Pennsylvania Code and replace them with the following.)

Annex A

 

 

 

 
[Pa.B. Doc. No. 08-892. Filed for public inspection May 9, 2008, 9:00 a.m.]


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