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PA Bulletin, Doc. No. 15-1472

NOTICES

DEPARTMENT OF STATE

Bureau of Corporations and Charitable Organizations; Proposed Official Forms

[45 Pa.B. 4465]
[Saturday, August 8, 2015]

 The Department of State (Department), Bureau of Corporations and Charitable Organizations (Bureau) proposes to amend 19 Pa. Code Appendix C (relating to official forms) to read as set forth in Annex A.

A. Effective Date

 The proposed forms will be effective 30 days after publication 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). Section 133(a)(1) of 15 Pa.C.S. 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—745.12a). Section 133(a)(1) of 15 Pa.C.S. 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) (45 P. S. § 1201), known as the Commonwealth Documents Law (CDL).

C. Description of Proposed Revisions

 This proposal revises three of the existing forms and instructions promulgated by the Department of State and currently appearing in Appendix C as published at 45 Pa.B. 2973 (June 13, 2015). The need for these revisions is based on the Department's ongoing review of its forms and procedures.

DSCB:15-412 (Foreign Registration Statement)

 This form relates to the registration of all foreign associations, and was new as of July 1, 2015. Changes have been made to sections 4 and 8 of the instructions to conform them with sections 4 and 8 of the form. No changes have been made to the form fields.

DSCB:15-134B (Docketing Statement—Changes)

 This form is required for most amendments or changes to an already-filed entity, and was revised effective July 1, 2015. An additional field for ''Filed Date'' is added for Bureau use. No changes have been made to the form fields designated for filer use.

DCSB:54-311 (Registration of Fictitious Name)

 This form was revised to include a bar code, effective July 1, 2015. The bar code number is being corrected. No changes have been made to the form fields.

 The forms DSCB:15-412, DSCB:15-134B and DCSB:54-311 and corresponding instructions, in Appendix C, are being deleted and replaced with revised forms of the same names. All the forms are 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, 15 Pa.C.S. § 133 requires that the forms and instructions be published in the Pennsylvania Code.

D. Fiscal Impact

 Although this proposal would not have 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 section 612 of The Administrative Code of 1929.

E. Paperwork Requirements

 This proposal would not create new paperwork.

F. Regulatory Review

 Under 15 Pa.C.S. § 133(a), sample forms are exempt from the requirements of the Regulatory Review Act, but shall be subject to the opportunity of public comment requirement under section 201 of the CDL.

G. Public Comment

 Under 15 Pa.C.S. § 133(a)(1), which requires that publication of this 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 Bureau of Corporations and Charitable Organizations—Official Forms when submitting comments.

PEDRO A. CORTÉS, 
Secretary











[Pa.B. Doc. No. 15-1472. Filed for public inspection August 7, 2015, 9:00 a.m.]


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