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§ 375. Amendment of articles

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and Commerce

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 12. Economic Development Financing Law (Refs & Annos)
73 P.S. § 375
§ 375. Amendment of articles
Currentness
(a) An authority, in the manner hereinafter provided, may, from time to time, amend its articles:
(1) To adopt a new name;
(2) To add a provision therein increasing its term of existence to a date not exceeding fifty years from the date of approval of the articles of amendment or to modify any provision thereof limiting its term of existence by increasing such term to such a date;
(3) To increase or decrease the number of members of the board of the authority and to revise the terms of office of such members, all in such manner as shall not be inconsistent with the provisions of section 9 of this act.1
(b) Every amendment to the articles shall first be proposed by the board by the adoption of a resolution setting forth the proposed amendment and directing that it be submitted to the governmental body of the municipality which created the authority. The resolution shall contain the language of the proposed amendment to the articles by providing that the articles shall be amended so as to read as therein set forth in full, or that any provision thereof be amended so as to read as therein set forth in full, or that the matter stated in the resolution be added to or stricken from the articles. After the amendments have been submitted to the governmental body it shall adopt or reject such amendment by resolution or ordinance.
(c) After an amendment has been adopted by the governmental body, articles of amendment shall be executed by the governmental body by its proper officers and under its municipal seal and shall set forth:
(1) The name and location of the registered office of the authority;
(2) A statement that the authority was formed pursuant to this act and the date of the issuance of its certificate of incorporation;
(3) The resolution or ordinance of the governmental body adopting the amendment;
(4) The amendment adopted by the governmental body which shall be set forth in full.
(d) The governmental body shall advertise its intention to file articles of amendment with the Secretary of the Commonwealth in the manner prescribed in section 4 of this act2 in the case of the formation of an authority. Advertisements shall appear at least three days prior to the day upon which the articles of amendment are presented to the Secretary of the Commonwealth and shall set forth briefly:
(1) The name and location of the registered office of the authority;
(2) A statement that the articles of amendment are to be filed under the provisions of this act;
(3) The nature and character of the proposed amendment;
(4) The time when the articles of amendment will be filed with the Secretary of the Commonwealth.
(e) The articles of amendment and proof of the advertisement shall be filed by the governmental body with the Secretary of the Commonwealth. The Secretary of the Commonwealth shall on the day specified in the advertisement, when all fees and charges have been paid, file the articles and issue to the municipality a certificate of amendment. A copy of such certificate of amendment shall be delivered to the secretary.

Credits

1967, Aug. 23, P.L. 251, § 5.

Footnotes

1
73 P.S. § 379.
2
73 P.S. § 374.
73 P.S. § 375, PA ST 73 P.S. § 375
Current through 2023 Regular Session Act 1. Some statute sections may be more current, see credits for details.
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