Subchapter B. SPECIAL PROCEDURES
Sec.
41.51. Statement of summary of record.
41.52. Annual report.§ 41.51. Statement of summary of record.
(a) A nonprofit corporation which was incorporated prior to February 13, 1973, and which desires to effect one or more of the following transactions with the Department shall submit Form DSCB:15-1311/5311/9305 (Statement of Summary of Record) with the initial filing or request:
(1) The filing of a document in the Department under the NPCL except section 5311 of the NPCL (relating to filing of statement of summary of record by certain corporations).
(2) The securing from the Department of one of the following:
(i) A certificate to the effect that the corporation is a corporation incorporated and existing under the laws of the Commonwealth.
(ii) A certified copy of the articles of the corporation.
(b) Paragraph 5 of Form DSCB: 15-1311/5311/9305 (Statement of Summary of Record) requires a statement of the place, including volume and page numbers or their equivalent, where the documents constituting the currently effective articles of the corporation are recorded, the date of each filing or recording, and the text of the currently effective articles. If the text of the articles appears of record in the Department, the text may be incorporated by reference and is not required to be set forth at length in the certificate of summary of record. The information specified in this subsection may be omitted in a certificate of summary of record which is delivered to the Department contemporaneously with amended and restated articles of the corporation filed under the NPCL.
(c) The purpose of this section is to establish an authoritative initial text of the articles of the corporation upon the records of the Department and under section 5311(b) of the NPCL to form a basis for determination by the Department that the corporation has been incorporated. Therefore, it is unnecessary for a corporation to file Form DSCB:15-1311/5311/9305 (Statement of Summary of Record) more than one time under this section, regardless of the number of frequency of transactions of the character set forth in subsection (a) effected by the corporation.
Source The provisions of this § 41.51 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.
§ 41.52. Annual report.
(a) Section 5110 of the NPCL (relating to annual report) requires that the following corporations that have effected a change in their officers during the preceding calendar year file Form DSCB:15-5110 (Annual Statement-Nonprofit Corporation) on or before April 30 of each year:
(1) A domestic nonprofit corporation which has been incorporated after December 31, 1972 or which has filed Form DSCB:15-1311/5311/9305 (Statement of Summary of Record-Domestic Nonprofit Corporation), or a corresponding form under prior law.
(2) A qualified foreign nonprofit corporation.
(b) There is no fee for filing Form DSCB:15-5110 (Annual Statement-Nonprofit Corporation).
(c) The filing of Form DSCB:15-5110 (Annual Statement-Nonprofit Corporation) does not constitute compliance with the requirements of the NPCL for filing Form DSCB:15-1507/4144/5507/6144/8506 (Statement of Change of Registered Office).
Source The provisions of this § 41.52 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.
Cross References This section cited in 19 Pa. Code § 13.31 (relating to searches and information; telephone inquiries); and 19 Pa. Code § 23.51 (relating to annual report information).
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