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PA Bulletin, Doc. No. 10-373

NOTICES

DEPARTMENT OF STATE

Official Forms

[40 Pa.B. 1128]
[Saturday, February 27, 2010]

 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 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 July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201) Commonwealth Documents Law.

C. Description of Proposed Revisions

Fictitious Name Amendment, Withdrawal, Cancellation (DSCB: 54-312-313)

 This proposal revises one of the existing forms and instructions currently published in the Pennsylvania Code. The form (DSCB: 54-312-313) relates to Fictitious Name Amendment, Withdrawal or Cancellation. The Department has updated the form so that it better comports with 54 Pa.C.S. § 312 (relating to amendment). In light of the statement that the amendment, ''without reference to any other filing, sets forth all information with respect to the fictitious name which would be required in an original filing under the Fictitious Names Act,'' the second part box 6 of the previous form is unnecessary and has been omitted.

 The Fictitious Name Amendment, Withdrawal, Cancellation form 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 (15 Pa.C.S. § 133) requires that the forms and instructions be published in the Pennsylvania Code.

Procedure for Continuation of Business Domestic Limited Partnership and Domestic Limited Liability Company (DSCB: 15-8103A/8103B)

 This form is eliminated in its entirety. Section 8103 of the Associations Code (15 Pa.C.S. § 8103), to which the form relates, was repealed by act 34 of 2001 (P. L. 418). This section had permitted a limited partnership or limited liability company upon certain circumstances to reduce the vote of the limited partners and members to a majority in interest, but required that those entities wishing to take advantage of the section make a special filing with the Department. The General Association Act Amendments Act of 2001 repealed section 8103 because that act transferred the substance of the section to 15 Pa.C.S. §§ 8571 and 8971. The provisions in 15 Pa.C.S. §§ 8571 and 8971 that replaced section 8103 do not require a filing and instead provide that the default rule will be a vote by a majority in interest. Therefore, this form is eliminated.

D. Fiscal Impact

 Although 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.

E. Paperwork Requirements

 This proposal would not create new paperwork.

F. Regulatory Review

 Under section 133(a) of the Association Code, 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 section 133(a)(1) of the Association Code, 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. CORTÉS, 
Secretary

 

 

 

 

 

 

 

 
[Pa.B. Doc. No. 10-373. Filed for public inspection February 26, 2010, 9:00 a.m.]


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