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§ 20104. Legislative findings as to acceptance of Constitution of Pennsylvania

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 15 P.S. Corporations and Unincorporated Associations

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 15 P.S. Corporations and Unincorporated Associations
General Association Act of 1988
15 P.S. § 20104
§ 20104. Legislative findings as to acceptance of Constitution of Pennsylvania
Currentness
(a) General rule.--The General Assembly finds and determines as follows for the purpose of section 3B of the act of May 5, 1933 (P.L. 289, No. 105), known as the Nonprofit Corporation Law of 1933,1 as amended by the act of January 18, 1966 (1965 P.L. 1406, No. 520), section 3B of the act of May 5, 1933 (P.L. 364, No. 106), known as the Business Corporation Law of 1933,2 as amended by the act of January 18, 1966 (1965 P.L. 1305, No. 519), and sections 3 and 5 of the act of January 18, 1966 (1965 P.L. 1443, No. 521) (referred to collectively in this section as the Registry Acts of 1966);3
(1) The corporation incorporated by the act of February 24, 1846 (P.L. 56, No. 47) is subject to the Constitution of Pennsylvania by reason of the enactment and acceptance of the act of April 8, 1867 (P.L. 916, No. 836).
(2) The corporation incorporated by the act signed March 27, 1855 (1857 P.L. 729, No. 732) is subject to the Constitution of Pennsylvania by reason of having its charter enrolled under the act of April 16, 1845 (P.L. 532, No. 348) after the enactment of the act of May 3, 1855 (P.L. 423, No. 448).
(3) The Cedar Grove Cemetery Association, incorporated pursuant to the act of April 6, 1791 (3 Sm.L.20, Ch.1536, 14 Stat. 50), referred to as the Corporation Act of 1791, as supplemented by the act of October 13, 1840 (1841 P.L. 1, No. 258), is subject to the Constitution of Pennsylvania by reason of the reserved power contained in the proviso to section 3 of the act of April 6, 1791 (3 Sm.L.20, Ch.1536, 14 Stat. 50).
(4) The corporation incorporated by the act of May 11, 1751 (1 Sm.L. 208, Ch.390, 5 Stat. 128) is subject to the Constitution of Pennsylvania by reason of the acceptance of the benefits of laws passed by the General Assembly after 1873 governing the affairs of corporations, as evidenced by a written acknowledgment of that fact filed by the corporation in the Department of State on December 17, 1981.
(5) As reported by the Department of State, no corporations, other than those mentioned in paragraphs (1) through (4), filed in the Department of State under the Registry Acts of 1966 on or before January 1, 1967, a certificate declining to accept the provisions of the Constitution of Pennsylvania.
(6) All corporations incorporated prior to October 14, 1857, under the authority of the Commonwealth or of the late Proprietaries of the Province of Pennsylvania are now subject to the Constitution of Pennsylvania and the general legislative jurisdiction of the General Assembly.
(b) Proceedings to challenge findings.--Unless a person adversely affected by the findings set forth in subsection (a) commences a declaratory judgment proceeding against the Commonwealth under 42 Pa.C.S. Ch. 75 Subch. C (relating to declaratory judgments)4 challenging such findings and determinations within one year after the enactment of this act, the findings and determinations shall be final and conclusive. In any such proceeding, the Commonwealth may assert any proper ground, whether or not specified in this section, in support of the determination that the objecting corporation is subject to the Constitution of Pennsylvania and the general legislative jurisdiction of the General Assembly.

Credits

1988, Dec. 21, P.L. 1444, No. 177, § 104, imd. effective.

Footnotes

1
15 P.S. § 7003, subsec. B (repealed).
2
15 P.S. § 1003, subsec. B (repealed).
3
15 P.S. §§ 3, 5 (repealed).
4
42 Pa.C.S.A. § 7531 et seq.
15 P.S. § 20104, PA ST 15 P.S. § 20104
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document