2010 Pennsylvania Code
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 1 - General Provisions
133 - Powers of Department of State.

     § 133.  Powers of Department of State.
        (a)  General rule.--The Department of State shall have 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), known
     as The Administrative Code of 1929, the act of October 15, 1980
     (P.L.950, No.164), known as the Commonwealth Attorneys Act, the
     act of June 25, 1982 (P.L.633, No.181), 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),
     referred to as the Commonwealth Documents Law:
            (1)  Sample filing forms promulgated by the department
        under subsection (d).
            (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 such
        instructions or explanatory materials shall not have the
        force of law.
            (3)  Regulations, which the department is hereby
        authorized to promulgate, that:
                (i)  Authorize payment of fees and other remittances
            through or by a credit card issuer or other financial
            intermediary.
                (ii)  Authorize contracts with credit card issuers
            and other financial intermediaries relating to the
            collection, transmission and payment of fees and other
            remittances.
                (iii)  Adjust the level of fees and other remittances
            as otherwise fixed by law so as to facilitate their
            transmission through or by a credit card issuer or other
            financial intermediary pursuant to such regulations
            without net cost to the department.
        (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.
        (d)  Physical characteristics and copies of documents.--All
     articles and other documents authorized or required to be filed
     in the department under this title shall be in such format as to
     size, shape and other physical characteristics as shall be
     prescribed by regulations promulgated by the department. The
     regulations may require the submission of not to exceed three
     conformed copies of any document in addition to the original and
     any copies thereof otherwise required by law. All formats
     promulgated by the department for use under this title shall
     include a statement of the number of copies required to be filed
     and shall be published in the Pennsylvania Code.
        (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.
     (Dec. 19, 1990, P.L.834, No.198, eff. imd.; Dec. 7, 1994,
     P.L.703, No.106, eff. 60 days)

        1994 Amendment.  Act 106 added subsec. (a)(3).
        1990 Amendment.  Act 198 amended subsec. (a).
        Cross References.  Section 133 is referred to in sections
     134, 135, 1104, 5104 of this title.