2010 Pennsylvania Code
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 57 - Officers, Directors and Members
5746 - Supplementary coverage.

     § 5746.  Supplementary coverage.
        (a)  General rule.--The indemnification and advancement of
     expenses provided by or granted pursuant to the other sections
     of this subchapter shall not be deemed exclusive of any other
     rights to which a person seeking indemnification or advancement
     of expenses may be entitled under any bylaw, agreement, vote of
     members or disinterested directors or otherwise, both as to
     action in his official capacity and as to action in another
     capacity while holding that office. Section 5728 (relating to
     interested members, directors or officers; quorum) shall be
     applicable to any bylaw, contract or transaction authorized by
     the directors under this section. A corporation may create a
     fund of any nature, which may, but need not, be under the
     control of a trustee, or otherwise secure or insure in any
     manner its indemnification obligations, whether arising under or
     pursuant to this section or otherwise.
        (b)  When indemnification is not to be made.--Indemnification
     pursuant to subsection (a) shall not be made in any case where
     the act or failure to act giving rise to the claim for
     indemnification is determined by a court to have constituted
     willful misconduct or recklessness.
        (c)  Grounds.--Indemnification pursuant to subsection (a)
     under any bylaw, agreement, vote of members or directors or
     otherwise may be granted for any action taken or any failure to
     take any action and may be made whether or not the corporation
     would have the power to indemnify the person under any other
     provision of law except as provided in this section and whether
     or not the indemnified liability arises or arose from any
     threatened, pending or completed action by or in the right of
     the corporation. Such indemnification is declared to be
     consistent with the public policy of this Commonwealth.
        (d)  Trust property.--This subchapter shall not affect the
     liability of a representative with respect to the administration
     of assets held by the corporation pursuant to section 5547
     (relating to authority to take and hold trust property).
     (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 19,
     1990, P.L.834, No.198, eff. imd.)

        1990 Amendment.  Act 198 reenacted and amended the entire
     section.