§ 311. Registration
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 54 Pa.C.S.A. NamesEffective: July 1, 2015
Effective: July 1, 2015
54 Pa.C.S.A. § 311
§ 311. Registration
(1) May not contain a corporate designator such as “corporation,” “incorporated” or “limited” or any derivation or abbreviation thereof unless the entity or at least one entity named in the application for registration of fictitious name is a corporation. The use of the word “company” or any derivation or abbreviation thereof by a sole proprietorship, a partnership or a corporation is permissible.
(2) Need not contain a corporate designator, notwithstanding the fact that some or all of the persons interested therein are corporations. This paragraph shall not be construed to limit or affect any personal liability otherwise existing of shareholders of a corporation to persons who deal with the corporation without knowledge of its status as such.
(1) Where the application for registration relates to an entity which includes one or more participants which are partnerships or other entities composed of two or more parties, it shall not be necessary for each ultimate party to be named in and to execute the application, but only the constituent participants shall be named in the application and a partner or other authorized representative of a participant may execute the application on behalf of the participant.
(2) Where the application for registration relates to a trust or similar entity, it shall not be necessary for each beneficial owner or similar ultimate party to be named in and to execute the application, but only the trustees of the trust or the governing body of the similar entity shall be named in and shall execute the application.
(1) The name of any domestic filing entity, domestic limited liability limited partnership, domestic electing partnership, registered foreign association or the name of any corporation or other association registered at any time under Chapter 5 (relating to corporate and other association names) unless such name is available or is made available for use under the provisions or procedures of 15 Pa.C.S. § 202(b)(1) (relating to requirements for names generally).
(1) The words “college,” “university” or “seminary” when used in such a way as to imply that the entity 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 entity is entitled to use such designation.
(2) The words “engineer” or “engineering” or “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), known as the Professional Engineers Registration Law,1 is provided unless at least one of the parties to the registration has been properly registered with the State Registration Board for Professional Engineers and there is submitted to the department a certificate from the board to that effect.
(3) The words “bank,” “banking,” “banker” or “trust” or any other word implying that the entity is 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), known as the Banking Code of 1965,2 unless approved by the Department of Banking.
(4) The word “cooperative” or any abbreviation thereof unless it is subject to 15 Pa.C.S. Pt. II Subpt. D (relating to cooperative corporations).3
(5) 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), known as the Architects Licensure Law,4 is provided unless at least one of the parties to the registration 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.
(7) The words “annuity,” “assurance,” “beneficial,” “bond,” “casualty,” “endowment,” “fidelity,” “fraternal,” “guaranty,” “indemnity,” “insurance,” “insurer,” “reassurance,” “reinsurance,” “surety” or “title” when used in such a way as to imply that the entity is engaged in the business of writing insurance or reinsurance as principal or any other words of like purport unless there is submitted a certificate from another jurisdiction certifying that the entity is duly licensed therein as an insurance company or a certificate from the Insurance Department certifying that it has no objection to the use by the entity of such designation.
(g) Advertisement.--An entity which includes an individual party shall officially publish in the county in which the principal office or place of business of the entity is or, in the case of a proposed entity, is to be located notice of its intention to file or the filing of an application for registration of a fictitious name under this chapter. The notice may appear prior to or after the day upon which the application is filed in the department and shall be kept with the permanent records of the business and shall set forth briefly:
1982, Dec. 16, P.L. 1309, No. 295, § 2, effective in 90 days. Amended 1988, Dec. 21, P.L. 1444, No. 177, § 204, retroactive effective March 16, 1983; 1990, Dec. 19, P.L. 834, No. 198, § 307, imd. effective; 1994, July 1, P.L. 412, No. 66, § 1, effective in 60 days; 2000, June 22, P.L. 356, No. 43, § 4, effective in 60 days; 2014, Oct. 22, P.L. 2640, No. 172, § 60, effective July 1, 2015.
63 P.S. § 148 et seq.
7 P.S. § 101 et seq.
15 Pa.C.S.A. § 7101 et seq.
63 P.S. § 34.1 et seq.
54 Pa.C.S.A. § 311, PA ST 54 Pa.C.S.A. § 311
Current through 2022 Regular Session Act 96. Some statute sections may be more current, see credits for details.
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