NOTICES
DEPARTMENT OF STATE
Bureau of Corporations and Charitable Organizations; Official Forms
[47 Pa.B. 1444]
[Saturday, March 4, 2017]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 upon publication.
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 comment 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 one of the existing forms and instructions promulgated by the Department and currently published in the Pennsylvania Code.
Form DSCB: 15-8821 (Certificate of Organization—Domestic Limited Liability Company)
This form is updated to remove the requirement for addresses of organizers, which was deleted by Act 170 of 2016 (effective February 21, 2016). This form was initially published at 47 Pa.B. 567 (January 28, 2017) with spacing for and instructions to supply the address of each organizer. This revised version of DSCB: 15-8821 (Certificate of Organization—Domestic Limited Liability Company) replaces the version published at 47 Pa.B. 567. Only the names of each organizer are required in field 3.
The previously-referenced form and instructions, which are currently published in 19 Pa. Code Appendix C, are being deleted and replaced with the revised form set forth in Annex A. 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 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 section 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, Office of Chief Counsel, 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.
PEDRO A. CORTÉS,
Secretary
[Pa.B. Doc. No. 17-394. Filed for public inspection March 3, 2017, 9:00 a.m.]
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