H1716B2039A02485 DMS:AAS 10/12/23 #90 A02485
AMENDMENTS TO HOUSE BILL NO. 1716
Sponsor: REPRESENTATIVE Powell
Printer's No. 2039
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in entities generally, further providing for requirements for
names generally and providing for registration of name of
domestic nonfiling association;
Amend Bill, page 1, lines 24 through 26, by striking out all
of said lines and inserting
Section 1. Section 202(b)(2) of Title 15 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 202. Requirements for names generally.
* * *
(b) Duplicate use of names.--Except as provided in
subsection (f), the proper name of a covered association must be
distinguishable on the records of the department from the
following:
* * *
(2) A name that has been reserved or registered pursuant
to section 208 (relating to reservation of name) [or], 209
(relating to registration of name of nonregistered foreign
association) or 210 (relating to registration of name of
domestic nonfiling association) . A name shall be rendered
unavailable for use under this subchapter by reason of the
filing by the department of an assumed or fictitious name
registration under 54 Pa.C.S. Ch. 3 (relating to fictitious
names) only to the extent expressly provided in 54 Pa.C.S.
Ch. 3.
* * *
Section 2. Title 15 is amended by adding a section to read:
§ 210. Registration of name of domestic nonfiling association .
(a) General rule.--A domestic nonfiling association may
register a name that is available for use by a domestic filing
entity under section 202 (relating to requirements for names
generally) by delivering to the department for filing an
application for registration of name, signed by the association,
stating:
(1) The name of the association.
(2) The address, including street and number, if any, of
the principal office of the association.
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(3) The name being registered.
(b) Annual renewal.--A domestic nonfiling association that
has in effect a registration of its name may renew the
registration from year to year by annually filing an application
for renewal stating the facts required to be stated in an
original application for registration. A renewal application may
be filed between October 1 and December 31 in each year and
shall extend the registration for the following calendar year.
(c) Use of registered name.--A domestic nonfiling
association whose name registration is effective may convert
under Subchapter E of Chapter 3 (relating to conversion) to a
domestic filing entity under the registered name or consent in a
signed record to the use of that name by another entity.
(d) Definition.--The term " domestic nonfiling association "
means a domestic nonprofit association subject to:
(1) 68 Pa.C.S. Pt. II Subpt. B (relating to
condominiums);
(2) 68 Pa.C.S. Pt. II Subpt. C (relating to
cooperatives); or
(3) 68 Pa.C.S. Pt. II Subpt. D (relating to planned
communities).
(e) Cross references.--See sections 134 (relating to
docketing statement) and 135 (relating to requirements to be met
by filed documents).
Section 3. Sections 315(a) and 325(d)(2)(iv) of Title 15 are
amended to read:
Amend Bill, page 2, lines 10 and 11, by striking out all of
said lines
Amend Bill, page 3, line 8, by striking out "3" and inserting
4
Amend Bill, page 3, line 21, by striking out "4" and
inserting
5
Amend Bill, page 4, line 6, by striking out all of said line
and inserting
Section 6. Sections 1510(c), 1718(a)(1), 4101, 5103(b),
5510(c), 5781(a)(1), 8415(c)(2), 8615(c)(2), 8692(a)(1), 8815(c)
(2) and 8882(a)(1) of Title 15 are amended to read:
Amend Bill, page 4, lines 15 and 16, by striking out all of
said lines
Amend Bill, page 5, line 20, by striking out all of said line
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and inserting
described under either clause (A)(I) or (II); or
Amend Bill, page 5, line 28, by striking out all of said line
Amend Bill, page 6, lines 27 and 28, by striking out all of
said lines
Amend Bill, page 7, line 27, by striking out all of said line
Amend Bill, page 8, lines 7 and 8, by striking out all of
said lines
Amend Bill, page 9, line 12, by striking out all of said line
and inserting
described under either clause (A)(I) or (II); or
Amend Bill, page 9, lines 20 and 21, by striking out all of
said lines
Amend Bill, page 10, lines 18 and 19, by striking out all of
said lines
Amend Bill, page 11, line 24, by striking out "under clause
(A); or" and inserting
described under either clause (A)(I) or (II); or
Amend Bill, page 12, lines 2 and 3, by striking out all of
said lines
Amend Bill, page 12, lines 17 and 18, by striking out all of
said lines
Amend Bill, page 13, line 27, by striking out "under clause
(A); or" and inserting
described under either clause (A)(I) or (II); or
Amend Bill, page 14, line 5, by striking out "15" and
inserting
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