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PA Bulletin, Doc. No. 01-1595

NOTICES

DEPARTMENT OF STATE

Official Forms

[31 Pa.B. 4723]

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

A.  Effective Date

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

B.  Statutory Authority

   The Department has the authority to promulgate Bureau forms and instructions under 15 Pa.C.S. § 133 (relating to powers of Department of State) (Associations Code). Section 133(a) of the Associations Code designates that these forms shall not be agency regulations. See section 133(a) of the Associations Code. Therefore, they are 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 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) (CDL).

C.  Description of Proposed Revisions

   This proposal revises the existing forms and instructions currently published in the Pennsylvania Code so that the published forms and instructions are the same as those currently being used by the Bureau. The Department has updated the forms and instructions to eliminate references to executive staff personnel, which will eliminate the need to revise the Bureau's forms whenever there are changes in the executive staff. Some additional changes have also been to improve the appearance of the forms and to clarify the instructions.

   The forms and instructions currently published in 19 Pa. Code are being deleted. These outdated forms and instructions will be replaced by those set forth in Annex A. Even though Rule 2.10(a) of the Pennsylvania Code and Bulletin Style Manual recommends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 and is actually likely to provide a savings to the Commonwealth by eliminating the situation where the Corporation Bureau's forms become obsolete, 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, these 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 section 133(a) of the Associations Code that 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 Janet Warfield-Warren, Operations Manager, Corporation Bureau, Department of State, 308 North Office Building, Harrisburg, PA 17120, within 30 days following publication of this notice in the Pennsylvania Bulletin.

KIM PIZZINGRILLI,   
Secretary of the Commonwealth

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