§ 138. Statement of correction
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 15 Pa.C.S.A. Corporations and Unincorporated AssociationsEffective: January 3, 2023
Effective: January 3, 2023
15 Pa.C.S.A. § 138
§ 138. Statement of correction
(a) Filing of statement.--Whenever any document authorized or required to be delivered to the department for filing by any provision of this title has been so filed and is an inaccurate record of the action therein referred to or was defectively or erroneously executed, the document may be corrected by delivering to the department for filing a statement of correction. The statement of correction, except as provided in subsection (c), shall be signed by the association or other person that delivered the inaccurate, defective or erroneous document for filing and shall set forth:
(B) the registration under Subchapter B1 of Chapter 4 (relating to registration) of a foreign association; but
(c) Filing pursuant to court order.--If the association or other person refuses to deliver to the department for filing an appropriate statement of correction under this section within ten business days after any person adversely affected has made a demand in record form for the correction, the affected person may apply to the court for an order to compel the filing. If the court finds that a document on file in the department is inaccurate, defective or erroneous, it may direct the association or other person who effected the inaccurate, defective or erroneous filing to deliver to the department for filing an appropriate statement of correction, or it may order the clerk to execute the statement under the seal of the court and cause the statement to be delivered to the department for filing. In the absence of fraud, an application may not be made to a court under this subsection with respect to a document more than one year after the date on which it was originally filed in the department.
Credits
1988, Dec. 21, P.L. 1444, No. 177, § 103, effective Oct. 1, 1989. Amended 2001, June 22, P.L. 418, No. 34, § 2, effective in 60 days; 2014, Oct. 22, P.L. 2640, No. 172, § 3.1, effective July 1, 2015; 2022, Nov. 3, P.L. 1791, No. 122, § 4, effective in 60 days [Jan. 3, 2023].
Footnotes
15 Pa.C.S.A. § 411 et seq.
15 Pa.C.S.A. § 138, PA ST 15 Pa.C.S.A. § 138
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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