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Pennsylvania Code



Subchapter B. REGISTRATION OF NAMES


REGISTRATION

Sec.


17.101.    Registration of names of certain domestic associations.
17.102.    Decennial filings.
17.103.    Notice of decennial filing requirements.
17.104.    Registration of nonqualified foreign business or nonprofit corporation name.

FORMS


17.141.    Official forms.

Cross References

   This subchapter cited in 19 Pa. Code §  17.2 (relating to appropriation of the name of a senior corporation).

REGISTRATION


§ 17.101. Registration of names of certain domestic associations.

 (a)  A domestic corporation not-for-profit incorporated prior to May 16, 1923 may register its name under 54 Pa.C.S. Chapter 5 (relating to corporate and other association names) by filing with the Department Form DSCB:15-1311/5311/9305 (Statement of Summary of Record).

 (b)  An association, other than a corporation, may register with the Department the name under which it is doing business or operating by filing with the Department Form DSCB:54-502 (Application for Registration of Unincorporated Association Name).

 (c)  A new name will not be registered under this section which is the same as or confusingly similar to another name then registered under 54 Pa.C.S. Chapter 5 without the consent of the senior registrant. See §  17.1(c) (relating to general standards). In these cases, the written consent of the senior registrant to the registration of the name which is confusingly similar to its name shall be executed on Form DSCB:17.3 (Consent to Use of Similar Name).

 (d)  An unincorporated association which has its name registered under 54 Pa.C.S. Chapter 5 may terminate the registration by filing with the Department Form DSCB:54-506 (Statement of Termination of Registration of Name).

Source

   The provisions of this §  17.101 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial pages (24753) to (24754).

§ 17.102. Decennial filings.

 (a)  Every corporation or other association which has its name registered under 54 Pa.C.S. Chapter 5 (relating to corporate and association names) is required by 54 Pa.C.S. §  503 (relating to decennial filings required), decennially, during the year 2000 and each year thereafter divisible by ten, to file in the Department a report on Form DSCB:54-503 (Decennial Report of Association Continued Existence).

 (b)  The decennial filing requirement does not apply to:

   (1)  A corporation or other association which during the preceding 10 years has made a filing in the Department a permanent record of which is retained by the Department. The Department retains a permanent record of the filings under this subpart, except for filings on a form listed in §  17.51 (relating to official forms).

   (2)  A foreign corporation whose name is registered under section 4131 of the BCL (relating to registration of name) or section 6131 of the NPCL (relating to registration of name) or a similar provision of law.

 (c)  On January 1 of the year following the year during which a report is required to be filed as provided in subsection (a), the name of every corporation and other association which has failed to comply with the requirement will under 54 Pa.C.S. §  504 (relating to effect of failure to make decennial filings) no longer be deemed to be registered under 54 Pa.C.S. Chapter 5.

 (d)  A corporation or other association which has failed to file a report as provided in subsection (a) may do so at any later time. The filing shall under 54 Pa.C.S. §  505 (relating to late filings) reinstate the name of the corporation or other association on the register established by 54 Pa.C.S. Chapter 5 unless its name has been appropriated during the period of the delinquency by another corporation or association in the manner provided by law.

Source

   The provisions of this §  17.102 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial page (24754).

Cross References

   This section cited in 19 Pa. Code §  17.2 (relating to appropriation of the name of a senior corporation); and 19 Pa. Code §  17.103 (relating to notice of decennial filing requirements).

§ 17.103. Notice of decennial filing requirements.

 Whenever a decennial filing is required to be made in the Department under §  17.102 (relating to decennial filings), the Department under section 132(d) of the code (relating to functions of Department of State) shall, not earlier than the November 1 of the year—for example, 1999, 2009, and so forth—prior to the commencement of the decennial year wherever practicable, give notice by mail to the registrant or other party of the decennial filing requirement. The notice shall be accompanied by appropriate application blanks or forms. Failure by the Department to give notice to a party, or failure by a party to receive notice, of a decennial filing requirement does not relieve a party of the obligation to make the decennial filing.

Source

   The provisions of this §  17.103 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.

§ 17.104. Registration of nonqualified foreign business or nonprofit corporation name.

 (a)  Section 4131 of the BCL and section 6131 of the NPCL (relating to registration of name) provide that a nonqualified foreign corporation may register its name under 54 Pa.C.S. Chapter 5 (relating to corporate and other association names) if the name is available for use by a qualified foreign corporation under §  17.41(a) and (b) (relating to foreign association names), by filing in the Department Form DSCB:15-4131/6131 (Application for Registration of Name—Nonqualified Foreign Corporation).

 (b)  A corporation that has in effect a registration of its corporate name under subsection (a) may renew the registration from year-to-year by annually filing in the Department Form DSCB:15-4131/6131 (Application for Registration of Name—Nonqualified Foreign Corporation). A renewal application may be filed between October 1 and December 31 in each year and shall extend the registration for the following calendar year.

Source

   The provisions of this §  17.104 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.

FORMS


§ 17.141. Official forms.

 The following official forms have been promulgated under this subchapter and appear in Appendix A:

   Form DSCB:15-4131/6131 (Application for Registration of Name—Nonqualified Foreign Corporation).

   Form DSCB:54-502 (Application for Registration of Unincorporated Association Name).

   Form DSCB:54-503 (Decennial Report of Association Continued Existence).

   Form DSCB:54-506 (Statement of Termination of Registration of Association Name).

Source

   The provisions of this §  17.141 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial pages (24755) to (24757) and (87023) to (87024).


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