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                                                      PRINTER'S NO. 1611

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1302 Session of 2003


        INTRODUCED BY VEON AND DeWEESE, MAY 5, 2003

        REFERRED TO COMMITTEE ON COMMERCE, MAY 5, 2003

                                     AN ACT

     1  Amending Title 15 (Corporations and Unincorporated Associations)
     2     of the Pennsylvania Consolidated Statutes, further providing
     3     for fee schedule and for disposition of funds.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Sections 153(a) and 155(a) of Title 15 of the
     7  Pennsylvania Consolidated Statutes are amended to read:
     8  § 153.  Fee schedule.
     9     (a)  General rule.--The fees of the Corporation Bureau of the
    10  department, including fees for the public acts and transactions
    11  of the Secretary of the Commonwealth administered through the
    12  bureau, shall be as follows:
    13         (1)  Domestic corporations:
    14             (i)  Articles of incorporation, letters
    15         patent or like instrument incorporating a
    16         corporation or association................. $   [100] 125
    17             (ii)  Articles or agreement or like
    18         instrument of merger, consolidation or

     1         division...................................       [52] 70
     2             (iii)  Additional fee for each
     3         association which is a party to a merger or
     4         consolidation..............................       [28] 40
     5             (iv)  Additional fee for each new
     6         corporation resulting from a division......     [100] 125
     7             (v)  Articles of conversion or like
     8         instrument.................................       [52] 70
     9             (vi)  Each ancillary transaction.......       [52] 70
    10         (2)  Foreign corporations:
    11             (i)  Certificates of authority or like
    12         qualification to do business...............     [180] 250
    13             (ii)  Amended certificate of authority
    14         or like change in qualification to do
    15         business...................................     [180] 250
    16             (iii)  Domestication...................     [100] 125
    17             (iv)  Statement of merger or
    18         consolidation or like instrument reporting
    19         occurrence of merger or consolidation not
    20         effected by a filing in the department.....       [52] 70
    21             (v)  Additional fee for each qualified
    22         foreign corporation which is named in a
    23         statement of merger or consolidation or
    24         like instrument............................       [28] 40
    25             (vi)  Each ancillary transaction.......       [52] 70
    26         (3)  Partnerships and limited liability
    27     companies:
    28             (i)  Certificate of limited partnership
    29         or certificate of organization of a limited
    30         liability company or like instrument
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     1         forming a limited partnership or organizing
     2         a limited liability company................     [100] 125
     3             (ii)  Certificate of merger or
     4         consolidation..............................       [52] 70
     5             (iii)  Additional fee for each
     6         association which is a party to the merger
     7         or consolidation...........................       [28] 40
     8             (iv)  Application for registration of
     9         foreign limited partnership or limited
    10         liability company..........................     [180] 250
    11             (v)  Certificate of amendment of
    12         registration of foreign limited partnership
    13         or limited liability company...............     [180] 250
    14             (vi)  Statement of registration of
    15         registered limited liability partnership or
    16         statement of election as an electing
    17         partnership................................     [100] 125
    18             (vii)  Domestication of foreign limited
    19         liability company..........................     [100] 125
    20             (viii)  Additional fee for each new
    21         entity resulting from a division...........     [100] 125
    22             (ix)  Each ancillary transaction.......       [52] 70
    23         (4)  Business trusts:
    24             (i)  Deed of trust or other initial
    25         instrument for a business trust............     [100] 125
    26             (ii)  Each ancillary transaction.......       [52] 70
    27         (5)  Fictitious names:
    28             (i)  Registration......................       [52] 70
    29             (ii)  Each ancillary transaction.......       [52] 70
    30         (6)  Service of process:
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     1             (i)  Each defendant named or served....       [52] 70
     2         (7)  Trademarks, emblems, union labels,
     3     description of bottles and like matters:
     4             (i)  Trademark registration............       [25] 50
     5             (ii)  Each ancillary trademark
     6         transaction................................       [25] 50
     7             (iii)  Any other registration under
     8         this paragraph.............................       [52] 70
     9             (iv)  Any other ancillary transaction
    10         under this paragraph.......................       [52] 70
    11         (8)  Uniform Commercial Code
    12         As provided in 13 Pa.C.S. § 9525 (relating
    13     to fees).
    14         (9)  Copy fees (including copies furnished
    15     by filing officers under the Uniform Commercial
    16     Code):
    17             (i)  Each page of photocopy furnished..         [2] 3
    18         (10)  Certification fees:
    19             (i)  For certifying copies of any
    20         document or paper on file, the fee
    21         specified in paragraph (9), if the
    22         department furnished the copy, plus........       [28] 40
    23             (ii)  For certifying a duplicate copy
    24         of a document pursuant to section 136(b)(2)
    25         (relating to immediate certified copy) or,
    26         if that certification cannot be made at the
    27         time of original examination, for the
    28         original examination and rejection by the
    29         bureau of a document submitted under that
    30         procedure, plus an additional fee for each
    20030H1302B1611                  - 4 -     

     1         reexamination or certification, as the case
     2         may be, by the bureau of a previously
     3         rejected document submitted under that
     4         procedure..................................       [52] 70
     5             (iii)  For issuing any other
     6         certificate of the Secretary of the
     7         Commonwealth or the Department of State
     8         (other than an engrossed certificate)......       [28] 40
     9         (11)  Report of record search (other than
    10     search under paragraph (8)):
    11             (i)  For preparing and providing a
    12         written or photocopy, or both, report of a
    13         record search, the fee specified in
    14         paragraph (9), if any, plus................       [12] 15
    15         (12)  Reservation and registration of
    16     names:
    17             (i)  Reservation of association name...       [52] 70
    18             (ii)  Registration of foreign or other
    19         corporation name...........................       [52] 70
    20         (13)  Change of registered office by agent:
    21             (i)  Each statement of change of
    22         registered office by agent.................         [4] 5
    23         (14)  Contingent domestication:
    24             (i)  Statement of contingent
    25         domestication..............................     [100] 125
    26             (ii)  Each year, or portion thereof,
    27         during which a contingent domestication or
    28         temporary domiciliary status is in effect.. [1,200] 1,500
    29     * * *
    30  § 155.  Disposition of funds.
    20030H1302B1611                  - 5 -     

     1     (a)  Establishment of restricted account.--There is hereby
     2  established in the General Fund a restricted account to be known
     3  as the Corporation Bureau Restricted Account. This account shall
     4  receive 30% of the amount received by the department under this
     5  subchapter except for the fees collected under 13 Pa.C.S. §
     6  9525(a)(1)(ii) (relating to fees). This account shall receive 5%
     7  of the amount received by the department under section
     8  9525(a)(1)(ii). The balance of the amount received by the
     9  department under this subchapter shall be deposited in the
    10  General Fund. Funds in the Corporation Bureau Restricted Account
    11  shall be used solely for the operation of the Corporation Bureau
    12  in the Department of State and for its modernization as may be
    13  required for improved operations of the bureau[.] unless a
    14  surplus arises after two consecutive years, at which time the
    15  Secretary of State shall transfer any amount in excess of the
    16  bureau's budget into the General Fund. The Secretary of State
    17  shall transfer $5,000,000 from the account to the General Fund
    18  in fiscal year 2003-2004.
    19     * * *
    20     Section 2.  This act shall take effect immediately.







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