§ 202. Requirements for names generally
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. § 202
Formerly cited as PA ST 15 Pa.C.S.A. § 1303; PA ST 15 Pa.C.S.A. § 5303
§ 202. Requirements for names generally
(a) General rule.--The proper name of a covered association may be in any language, but it must be expressed in Roman letters or characters, Arabic or Roman numerals or symbols or characters specified by regulation of the department under section 133(a)(3)(vi) (relating to powers of Department of State).
(ii) filed a tax return or certificate with the Department of Revenue indicating that the covered association or other association is out of existence or has failed for a period of three successive years to file with the Department of Revenue a report or return required by law and the fact of the failure has been certified by the Department of Revenue to the Department of State;
(iii) abandoned its name under the laws of its jurisdiction of formation, by amendment, merger, consolidation, division, expiration, dissolution or otherwise, without its name being adopted by a successor, and an official record of that fact, certified as provided under 42 Pa.C.S. § 5328 (relating to proof of official records), is presented by a person to the department.
(i) the association is administratively dissolved under Subchapter H of Chapter 3 (relating to administrative dissolution or cancellation),1 if the association is a domestic filing entity;
(2) A name that has been reserved or registered pursuant to section 208 (relating to reservation of name) or 209 (relating to registration of name of nonregistered foreign association). A name shall be rendered unavailable for use under this subchapter by reason of the filing by the department of an assumed or fictitious name registration under 54 Pa.C.S. Ch. 3 (relating to fictitious names) only to the extent expressly provided in 54 Pa.C.S. Ch. 3.
(ii) A bank, bank and trust company, savings bank, private bank or trust company, as defined in the act of November 30, 1965 (P.L. 847, No. 356),2 known as the Banking Code of 1965, unless:
(B) The association is a nonprofit corporation holding property in trust under section 5547 (relating to authority to take and hold trust property) and has been converted from a trust company under Subchapter E of Chapter 3 (relating to conversion).3 The preceding sentence controls over section 805(b) of the Banking Code of 1965.4
(iii) An insurance company, nor shall it contain any of the words “annuity,” “assurance,” “beneficial,” “bond,” “casualty,” “endowment,” “fidelity,” “fraternal,” “guaranty,” “indemnity,” “insurance,” “insurer,” “reassurance,” “reinsurance,” “surety” or “title” when used in a manner as to imply that the association is engaged in the business of writing insurance or reinsurance as principal or any other words of like purport unless it is duly licensed as an insurance company by its jurisdiction of formation or the Insurance Department certifies that it has no objection to the use by the association or proposed association of the designation. The proper name of a domestic insurance company shall:
(i) The word “college,” “university” or “seminary” when used in a manner as to imply that it is an educational institution conforming to the standards and qualifications prescribed by the State Board of Education, unless there is submitted a certificate from the Department of Education certifying that the association or proposed association is entitled to use that designation.
(iii) The words “engineer” or “engineering,” “surveyor” or “surveying” or any other word implying that any form of the practice of engineering or surveying as defined in the act of May 23, 1945 (P.L. 913, No. 367),5 known as the Engineer, Land Surveyor and Geologist Registration Law, is provided unless at least one of the individuals signing the initial public organic record of the association or one of the governors of the existing association has been properly registered with the State Registration Board for Professional Engineers in the practice of engineering or surveying and there is submitted to the department a certificate from the board to that effect.
(iv) The words “architect” or “architecture” or any other word implying that any form of the practice of architecture as defined in the act of December 14, 1982 (P.L. 1227, No. 281),6 known as the Architects Licensure Law, is provided unless at least one of the individuals signing the initial public organic record of the association or one of the governors of the existing association has been properly registered with the Architects Licensure Board in the practice of architecture and there is submitted to the department a certificate from the board to that effect.
(e) Remedies for violation of section.--The use of a name in violation of this section shall not vitiate or otherwise affect the existence or any acts of an association, but a court having jurisdiction may enjoin the association from using or continuing to use a name in violation of this section on the application of:
Credits
2014, Oct. 22, P.L. 2640, No. 172, § 9, effective July 1, 2015. Amended 2022, Nov. 3, P.L. 1791, No. 122, § 8, effective in 60 days [Jan. 3, 2023].
Footnotes
15 Pa.C.S.A. § 381 et seq.
7 P.S. § 101 et seq.
15 Pa.C.S.A. § 351 et seq.
7 P.S. § 805.
63 P.S. § 148 et seq.
63 P.S. § 34.1 et seq.
15 Pa.C.S.A. § 202, PA ST 15 Pa.C.S.A. § 202
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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