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§ 403. Activities not constituting doing business

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 15 Pa.C.S.A. Corporations and Unincorporated AssociationsEffective: January 3, 2023

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 15 Pa.C.S.A. Corporations and Unincorporated Associations (Refs & Annos)
Part I. Preliminary Provisions (Refs & Annos)
Chapter 4. Foreign Associations (Refs & Annos)
Subchapter A. General Provisions
Effective: January 3, 2023
15 Pa.C.S.A. § 403
Formerly cited as PA ST 15 Pa.C.S.A. § 4122;  PA ST 15 Pa.C.S.A. § 4143;  PA ST 15 Pa.C.S.A. § 6122;  PA ST 15 Pa.C.S.A. § 6143
§ 403. Activities not constituting doing business
Currentness
(a) General rule.--Activities of a foreign filing association or foreign limited liability partnership that do not constitute doing business in this Commonwealth under this chapter shall include the following:
(1) Maintaining, defending, mediating, arbitrating or settling an action or proceeding.
(2) Carrying on any activity concerning its internal affairs, including holding meetings of its interest holders or governors.
(3) Maintaining accounts in financial institutions.
(4) Maintaining offices or agencies for the transfer, exchange and registration of securities of the association or maintaining trustees or depositories with respect to the securities.
(5) Selling through independent contractors.
(6) Soliciting or obtaining orders by any means if the orders require acceptance outside of this Commonwealth before the orders become contracts.
(7) Creating, acquiring or incurring obligations, indebtedness, mortgages or security interests in property.
(8) Securing or collecting debts or enforcing mortgages or security interests in property securing the debts and holding, protecting or maintaining property so acquired.
(9) Conducting an isolated transaction that is not in the course of similar transactions.
(10) Deleted by 2022, Nov. 3, P.L. 1791, No. 122, § 21, effective in 60 days [Jan. 3, 2023].
(11) Doing business in interstate or foreign commerce.
(12) Acquiring, owning, holding, leasing as a lessee, conveying and transferring, without more and whether as fiduciary or otherwise:
(i) real estate and mortgages and other liens thereon; or
(ii) personal property and security interests therein.
(13) Conducting operations or performing work or services in good faith in response to a disaster or emergency event.
(b) Participation in other associations.--Being an interest holder or governor of a foreign association that does business in this Commonwealth shall not by itself constitute doing business in this Commonwealth.
(c) Applicability.--This section shall not apply in determining the contacts or activities that may subject a foreign filing association or foreign limited liability partnership to service of process, taxation or regulation under laws of this Commonwealth other than this title.

Credits

2014, Oct. 22, P.L. 2640, No. 172, § 9, effective July 1, 2015. Amended 2022, Nov. 3, P.L. 1791, No. 122, § 21, effective in 60 days [Jan. 3, 2023].
15 Pa.C.S.A. § 403, PA ST 15 Pa.C.S.A. § 403
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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