2010 Pennsylvania Code
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 57 - Officers, Directors and Members
5742 - Derivative and corporate actions.

     § 5742.  Derivative and corporate actions.
        Unless otherwise restricted in its bylaws, a nonprofit
     corporation shall have power to indemnify any person who was or
     is a party, or is threatened to be made a party, to any
     threatened, pending or completed action by or in the right of
     the corporation to procure a judgment in its favor by reason of
     the fact that he is or was a representative of the corporation
     or is or was serving at the request of the corporation as a
     representative of another domestic or foreign corporation for
     profit or not-for-profit, partnership, joint venture, trust or
     other enterprise, against expenses (including attorneys' fees)
     actually and reasonably incurred by him in connection with the
     defense or settlement of the action if he acted in good faith
     and in a manner he reasonably believed to be in, or not opposed
     to, the best interests of the corporation. Indemnification shall
     not be made under this section in respect of any claim, issue or
     matter as to which the person has been adjudged to be liable to
     the corporation unless and only to the extent that the court of
     common pleas of the judicial district embracing the county in
     which the registered office of the corporation is located or the
     court in which the action was brought determines upon
     application that, despite the adjudication of liability but in
     view of all the circumstances of the case, such person is fairly
     and reasonably entitled to indemnity for such expenses that the
     court of common pleas or other court shall deem proper.
     (Dec. 19, 1990, P.L.834, No.198, eff. imd.; Dec. 18, 1992,
     P.L.1333, No.169, eff. 60 days)

        1992 Amendment.  Act 169 amended the section heading.
        1990 Amendment.  Act 198 reenacted and amended the entire
     section.
        Cross References.  Section 5742 is referred to in sections
     5743, 5744 of this title.