2012 Pennsylvania Consolidated Statutes
Title 54 - NAMES
Chapter 5 - Corporate and Other Association Names
Section 501 - Register established

 

 

CHAPTER 5

CORPORATE AND OTHER ASSOCIATION NAMES

 

Sec.

501.  Register established.

502.  Certain additions to register.

503.  Decennial filings required.

504.  Effect of failure to make filings.

505.  Late filings.

506.  Voluntary termination of registration by corporations    and other associations.

 

Enactment.  Present Chapter 5 was added December 16, 1982, P.L.1309, No.295, effective in 90 days.

Chapter Heading.  The heading of Chapter 5 was amended December 21, 1988, P.L.1444, No.177, effective October 1, 1989.

Prior Provisions.  Former Chapter 5, which related to the same subject matter, was added November 15, 1972, P.L.1063, No.271, and repealed December 16, 1982, P.L.1309, No.295, effective in 90 days.

Cross References.  Chapter 5 is referred to in section 311 of this title; sections 1303, 4123, 4131, 5303, 6123, 6131 of Title 15 (Corporations and Unincorporated Associations).

§ 501.  Register established.

(a)  General rule.--A register is established by this chapter which shall consist of such of the following names as are not deleted therefrom by operation of section 504 (relating to effect of failure to make filings) or 506 (relating to voluntary termination of registration by corporations and other associations):

(1)  A name registered prior to February 13, 1973, under the act of May 16, 1923 (P.L.246, No.160), relating to registration of certain names.

(2)  A name registered under section 502 (relating to certain additions to register).

(3)  In the case of a domestic or qualified foreign corporation, a name rendered unavailable for corporate use by other corporations by reason of any filing in the department by such domestic or qualified foreign corporation.

(4)  A name registered under 15 Pa.C.S. § 4131 (relating to registration of name) or any similar provision of law.

(5)  In the case of a business trust which exists subject to 15 Pa.C.S. Ch. 95 (relating to business trusts), the name of the trust as set forth in the instrument filed in the department under 15 Pa.C.S. § 9503 (relating to documentation of trust).

(6)  In the case of a limited partnership or limited liability company subject to 15 Pa.C.S. Ch. 85 (relating to limited partnerships) or 89 (relating to limited liability companies), the name of the partnership or company as set forth in the certificate of limited partnership, certificate of organization or application for registration as a foreign limited partnership or foreign limited liability company, as the case may be.

(7)  In the case of a business trust which exists subject to 15 Pa.C.S. Ch. 95 (relating to business trusts), the name of the trust as set forth in the instrument filed in the department under 15 Pa.C.S. § 9503 (relating to documentation of trust), or in the application for registration filed pursuant to 15 Pa.C.S. § 9507 (relating to foreign business trusts).

(8)  In the case of a registered limited liability partnership subject to 15 Pa.C.S. Ch. 82 (relating to registered limited liability partnerships) that is not also a limited partnership, the name of the partnership as set forth in the statement of registration or application for registration as a foreign registered limited liability partnership.

(b)  Subsequent availability of certain names.--Whenever, by reason of change in name, withdrawal or dissolution of a domestic or qualified foreign corporation, failure to renew a registration of its name by a nonqualified foreign corporation, or for any other cause, its name is no longer rendered unavailable by the express provisions of Title 15 (relating to corporations and unincorporated associations), such name shall no longer be deemed to be registered under subsection (a)(3) or (4) on the register established by this chapter.

(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 7, 1994, P.L.703, No.106, eff. 60 days; June 22, 2000, P.L.356, No.43, eff. imd.)

 

2000 Amendment.  Act 43 amended subsec. (a).

Cross References.  Section 501 is referred to in section 503 of this title.

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