2010 Pennsylvania Code
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 57 - Officers, Directors and Members
5748 - Application to surviving or new corporations.

     § 5748.  Application to surviving or new corporations.
        (a)  General rule.--Except as provided in subsection (b), for
     the purposes of this subchapter, references to "the corporation"
     include all constituent corporations absorbed in a
     consolidation, merger or division, as well as the surviving or
     new corporations surviving or resulting therefrom, so that any
     person who is or was a representative of the constituent,
     surviving or new corporation, or is or was serving at the
     request of the constituent, surviving or new corporation as a
     representative of another domestic or foreign corporation for
     profit or not-for-profit, partnership, joint venture, trust or
     other enterprise, shall stand in the same position under the
     provisions of this subchapter with respect to the surviving or
     new corporation as he would if he had served the surviving or
     new corporation in the same capacity.
        (b)  Divisions.--Notwithstanding subsection (a), the
     obligations of a dividing corporation to indemnify and advance
     expenses of its representatives, whether arising under this
     subchapter or otherwise, may be allocated in a division in the
     same manner and with the same effect as any other liability of
     the dividing corporation.
     (Dec. 19, 1990, P.L.834, No.198, eff. imd.; June 22, 2001,
     P.L.418, No.34, eff. 60 days)