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PA Bulletin, Doc. No. 24-1312

NOTICES

DEPARTMENT OF STATE

Bureau of Corporations and Charitable Organizations; Proposed Official Forms

[54 Pa.B. 5953]
[Saturday, September 14, 2024]

 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 form will be effective September 13, 2024.

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—745.14). 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), referred to as the Commonwealth Documents Law (CDL).

C. Description of Proposed Revisions

 This proposal introduces a new form based on the enactment of Act No. 59 of 2024, signed into law on July 15, 2024, and effective in 60 days, or on September 13, 2024.

Form DSCB: 15-210 (Registration of Name of Domestic Nonfiling Association)

 This form is for the purpose of registering and protecting the name of any domestic nonfiling association (such as a general partnership or an unincorporated nonprofit association). This form is only to be used when the association is not otherwise required to be formed or organized by another type of filing. This name registration will not formally incorporate, organize or form an association. This name registration is also distinguishable from a fictitious name or d/b/a (see, DSCB:54-311 (Registration of Fictitious Name)). Registration of the name of a domestic nonfiling association will block the use of the name from use by other associations for up to 1 year. Available names will be registered through December 31 of the year in which the registration is filed. Registrations may be renewed annually between October 1 and December 31 for the following calendar year. Initial registrations filed between October 1 and December 31 will expire on December 31 of the following calendar year.

 This form and instructions will be published in 19 Pa. Code Appendix C. Even though Rule 2.12(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 have no measurable fiscal impact upon the Commonwealth, its political subdivisions or the private sector, a formal fiscal analysis was not conducted because this form is exempt from the requirements of section 612 of The Administrative Code of 1929.

E. Paperwork Requirements

 This form effectuates a new optional filing with the Department that was created by Act No. 59 of 2024.

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 Bureau 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, 306 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.

AL SCHMIDT, 
Secretary

Annex A

TITLE 19. CORPORATIONS AND BUSINESS ASSOCIATIONS

PART I. DEPARTMENT OF STATE

APPENDIX C. OFFICIAL FORMS

 (Editor's Note: The following form is new and is printed in regular type to enhance readability.)


DSCB form number
Title 15 forms		Form name
*  *  *  *  *
15-209Application for Registration of Name of Nonregistered Foreign AssociationAppx. 29
15-210Registration of Name of Domestic Nonfiling AssociationAppx. 31.1
15-335Statement of MergerAppx. 32
*  *  *  *  *

 

 

 

 

[Pa.B. Doc. No. 24-1312. Filed for public inspection September 13, 2024, 9:00 a.m.]


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