§ 133. Powers of Department of State
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 15 Pa.C.S.A. Corporations and Unincorporated AssociationsEffective: July 1, 2015
Effective: July 1, 2015
15 Pa.C.S.A. § 133
§ 133. Powers of Department of State
(a) General rule.--The department has the power and authority reasonably necessary to enable it to administer this subchapter efficiently and to perform the functions specified in section 132 (relating to functions of Department of State), in 13 Pa.C.S. (relating to commercial code) and in 17 Pa.C.S. (relating to credit unions). The following shall not be agency regulations for the purposes of section 612 of the act of April 9, 1929 (P.L. 177, No. 175),1 known as The Administrative Code of 1929, the act of October 15, 1980 (P.L. 950, No. 164),2 known as the Commonwealth Attorneys Act, the act of June 25, 1982 (P.L. 633, No. 181),3 known as the Regulatory Review Act, or any similar provision of law, but shall be subject to the opportunity of public comment requirement under section 201 of the act of July 31, 1968 (P.L. 769, No. 240),4 referred to as the Commonwealth Documents Law:
(2) Instructions accompanying sample filing forms and other explanatory material published in the Pennsylvania Code that is intended to substantially track applicable statutory provisions relating to the particular filing or to any of the functions of the department covered by this subsection, if a regulation of the department expressly states that those instructions or explanatory materials shall not have the force of law.
(b) Language and content of documents.--Except to the extent required in order to determine whether a document complies with section 135 (relating to requirements to be met by filed documents), the department shall not examine articles and other documents authorized or required to be filed in the department under this title to determine whether the language or content thereof conforms to the provisions of this title.
(c) Meaning of term “conform to law”.--A document delivered to the department for the purpose of filing in the department shall be deemed to be in accordance with law and to conform to law, as those terms are used in statutes relating to the powers and duties of the department, if the document conforms to section 135.
(e) Engrossed certificate.--Whenever the department has taken any action under this title, the Secretary of the Commonwealth shall, upon request and payment of the fee or additional fee therefor fixed by regulation of the department, issue to any person entitled thereto an engrossed certificate evidencing the action, executed by the Secretary of the Commonwealth under the seal of the Commonwealth.
Credits
1988, Dec. 21, P.L. 1444, No. 177, § 103, effective Oct. 1, 1989. Amended 1990, Dec. 19, P.L. 834, No. 198, § 102, imd. effective; 1994, Dec. 7, P.L. 703, No. 106, § 4, effective in 60 days; 2013, July 9, P.L. 476, No. 67, § 5, effective in 60 days [Sept. 9, 2013]; 2014, Oct. 22, P.L. 2640, No. 172, § 2.1, effective July 1, 2015.
15 Pa.C.S.A. § 133, PA ST 15 Pa.C.S.A. § 133
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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