PRINTER'S NO. 3551
No. 2576 Session of 1990
INTRODUCED BY LASHINGER, NAHILL, BUNT, CALTAGIRONE, COHEN,
FAIRCHILD, HECKLER, TRELLO, SCRIMENTI, BILLOW, RAYMOND,
MORRIS, SEMMEL, PRESSMANN, KASUNIC, FARGO, GEIST, SERAFINI,
HERSHEY, E. Z. TAYLOR AND TANGRETTI, MAY 23, 1990
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 23, 1990
AN ACT
1 Requiring registrations by certain persons and entities with the
2 Department of State.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Registration of interests by aliens.
6 Any person who is not a resident of a state or territory of
7 the United States or of the District of Columbia or any foreign
8 government that has an interest on the effective date of this
9 act, or acquires the interest either in its own name or in the
10 name of another, in real property located in this Commonwealth
11 that is in excess of ten acres or that has a market value
12 greater than $500,000, or any interest in and to minerals, and
13 any mining or other rights appurtenant thereto or in connection
14 therewith that has a market value in excess of $250,000 shall,
15 within 30 days of the acquisition of the interest in the
16 property, together with a filing fee of $5, submit to the
17 Department of State, on forms prescribed by the Department of
1 State, all of the following information:
2 (1) Name, address and telephone number.
3 (2) Country of citizenship.
4 (3) Location and amount of acreage of real property.
5 (4) Intended use of the real property at the time of
6 filing.
7 Section 2. Registration by certain business entities.
8 Every corporation or other business entity that is created or
9 organized under the laws of any state or foreign nation or that
10 has its principal place of business in a foreign nation, in
11 which a nonresident alien owns on the effective date of this act
12 or acquires at least 10% of the shares of stock or other
13 interests or in which any number of nonresident aliens own on
14 the effective date of this act or acquires at least 40% of the
15 shares of stock or other interest and which owns or acquires any
16 interest either in its own name or in the name of another in
17 real property located in this Commonwealth that is in excess of
18 ten acres or that has a market value greater than $500,000, or
19 any interest in minerals, and any mining or other rights
20 appurtenant thereto or exercisable in connection therewith that
21 has a market value in excess of $250,000, shall, within 30 days
22 of the acquisition of the interest in the property, together
23 with a filing fee of $25, submit to the Department of State, on
24 forms prescribed by the Department of State, all of the
25 following information:
26 (1) Name, address of principal place of business and
27 address of principal office in this Commonwealth.
28 (2) Name, address, telephone number and country of
29 citizenship of each nonresident alien who owns at least 10%
30 of the shares of stock or other interests, if any.
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1 (3) The percentage, within five percentage points, of
2 shares of stock or other interests controlled by the
3 nonresident aliens of each country represented by them if
4 such interests exceed 5%.
5 (4) Location and amount of acreage of real property.
6 (5) Principal business of corporation of entity.
7 (6) Intended use of real property at the time of filing.
8 (7) Chairman of the governing board, if any, chief
9 executive, if any, and partners, if any.
10 (8) Corporation's or entity's agent in this
11 Commonwealth.
12 (9) Place of incorporation, if a corporation.
13 (10) Number of persons who own shares of stock or other
14 interests.
15 Section 3. Supplemental filings.
16 (a) General rule.--If the ownership or control of a
17 corporation or other business entity that is required in section
18 2 to file with the Department of State changes in such a way
19 that the information contained on the filing form is no longer
20 accurate, the corporation or other business entity shall notify
21 the Department of State in writing of such change within 30 days
22 of the occurrence of the change.
23 (b) Change in ownership or control.--If the ownership or
24 control of a corporation or other business entity that owns real
25 property in an amount larger than seven acres or that has a
26 market value greater than $500,000 or that owns any interest in
27 and to minerals, and any mining or other rights appurtenant
28 thereto or exercisable in connection therewith that has a market
29 value in excess of $250,000 changes in such a way that a
30 nonresident alien acquires at least 10% of the shares of stock
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1 or other interests or any number of nonresident aliens acquire
2 at least 40% of the shares of stock or other interest, the
3 corporation or other business entity shall file with the
4 Department of State as required in section 2 within 30 days of
5 the occurrence of the change.
6 (c) Change in status of person.--If a nonresident alien who
7 is required to file with the Department of State in section 1
8 becomes a resident alien or a citizen of the United States, he
9 shall notify the Department of State in writing of the change in
10 his status within 30 days of the change.
11 (d) Notification of sales.--If a nonresident alien or a
12 corporation or other business entity that is required to file
13 with the Department of State pursuant to this section sells the
14 real property of mineral or mining rights that were reported to
15 the Department of State, the nonresident alien or corporation or
16 other business entity shall notify the Department of State in
17 writing of the sale within 30 days of the sale.
18 Section 4. Powers and duties of Department of State.
19 The Department of State shall:
20 (1) Prescribe all forms and make all rules that are
21 necessary for the implementation of this act.
22 (2) Maintain accurate records of the information that is
23 received pursuant to this act and make such information
24 available to the public.
25 (3) Annually report this information, itemized by
26 county, to the General Assembly.
27 Section 5. Compliance.
28 No resident alien or corporation or other business entity
29 that is required to file with the Department of State pursuant
30 to section 2 shall fail to comply with this act. Either the
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1 district attorney of the county in which the real property or
2 the mineral or mining rights are located or the Attorney General
3 may bring action against any alleged offender to compel
4 compliance with this act. The Secretary of the Commonwealth may
5 request a district attorney or the Attorney General to bring
6 such an action.
7 Section 6. Penalty.
8 Any individual, corporation or other business entity that
9 violates the provisions of this act commits a misdemeanor of the
10 first degree and shall, upon conviction, be sentenced to pay a
11 fine of not less than $5,000 nor more than an amount equal to
12 25% of the market value of the real property or mineral or
13 mining rights about which information must be filed with the
14 Department of State.
15 Section 7. Effective date.
16 This act shall take effect in 120 days.
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