PRINTER'S NO. 1611
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 20030H1302B1611 - 2 -
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: 20030H1302B1611 - 3 -
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. D21L15RZ/20030H1302B1611 - 6 -