SENATE AMENDED
PRIOR PRINTER'S NOS. 381, 3122 PRINTER'S NO. 3221
No. 368 Session of 1999
INTRODUCED BY WRIGHT, FEESE, SEYFERT, STERN, CORRIGAN, HORSEY,
TRELLO AND M. COHEN, FEBRUARY 8, 1999
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, MARCH 20, 2000
AN ACT
1 Amending Title 54 (Names) of the Pennsylvania Consolidated
2 Statutes, DELAYING THE DATE OF A DECENNIAL FILING RELATING TO <--
3 NAMES; AND further providing for change by order of court.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 702(b)(5) of Title 54 of the Pennsylvania <--
7 Consolidated Statutes is amended to read:
8 SECTION 1. SECTIONS 321, 501(A), 503, 504, 702(B)(5), 1314 <--
9 AND 1515 OF TITLE 54 OF THE PENNSYLVANIA CONSOLIDATED STATUTES
10 ARE AMENDED TO READ:
11 § 321. DECENNIAL FILINGS REQUIRED.
12 (A) GENERAL RULE.--EVERY REGISTRANT OF A FICTITIOUS NAME
13 REGISTERED UNDER THIS CHAPTER SHALL [DECENNIALLY], DURING THE
14 YEAR [2000] 2002 AND EACH YEAR THEREAFTER DIVISIBLE BY TEN, FILE
15 IN THE DEPARTMENT A REPORT, WHICH SHALL BE EXECUTED IN THE SAME
16 MANNER AS AN APPLICATION FOR AMENDMENT OF FICTITIOUS NAME
17 REGISTRATION, AND SHALL SET FORTH:
1 (1) THE FICTITIOUS NAME AS THERETOFORE REGISTERED.
2 (2) AN IDENTIFICATION OF THE LAST PRECEDING FILING IN
3 THE DEPARTMENT WITH RESPECT TO THE FICTITIOUS NAME.
4 (3) A STATEMENT THAT THE BUSINESS OR ACTIVITY SET FORTH
5 OF RECORD CONTINUES TO BE CARRIED ON, UNDER OR THROUGH THE
6 FICTITIOUS NAME OR THAT THE PARTIES DESIRE THAT THE
7 REGISTRATION OF THE FICTITIOUS NAME BE CONTINUED IN EFFECT.
8 (4) SUCH OTHER INFORMATION NECESSARY TO THE
9 ADMINISTRATION OF THIS CHAPTER AS THE DEPARTMENT MAY SPECIFY
10 BY REGULATION.
11 (B) REQUIREMENT SATISFIED BY OTHER FILINGS.--SUBSECTION (A)
12 SHALL NOT APPLY TO A REGISTRANT WHICH DURING THE PRECEDING TEN
13 YEARS HAS MADE ANY FILING WITH THE DEPARTMENT UNDER THIS CHAPTER
14 [OTHER THAN A REPORT REQUIRED BY SUBSECTION (A)].
15 (C) EFFECT OF FAILURE TO MAKE [DECENNIAL] FILINGS.--ON
16 JANUARY 1 OF THE YEAR FOLLOWING THE YEAR DURING WHICH A REPORT
17 IS REQUIRED TO BE FILED UNDER SUBSECTION (A), EVERY FICTITIOUS
18 NAME WITH RESPECT TO WHICH NO SUCH REPORT HAS BEEN FILED DURING
19 THE IMMEDIATELY PRECEDING YEAR SHALL BE DEEMED TO BE NO LONGER
20 REGISTERED UNDER THIS CHAPTER. SUCH REGISTRATION MAY THEREAFTER
21 BE RESTORED ONLY BY THE FILING UNDER THIS CHAPTER OF AN ORIGINAL
22 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME.
23 (D) CROSS REFERENCE.--SEE 15 PA.C.S. § 134 (RELATING TO
24 DOCKETING STATEMENT).
25 § 501. REGISTER ESTABLISHED.
26 (A) GENERAL RULE.--A REGISTER IS ESTABLISHED BY THIS CHAPTER
27 WHICH SHALL CONSIST OF SUCH OF THE FOLLOWING NAMES AS ARE NOT
28 DELETED THEREFROM BY OPERATION OF SECTION 504 (RELATING TO
29 EFFECT OF FAILURE TO MAKE [DECENNIAL] FILINGS) OR 506 (RELATING
30 TO VOLUNTARY TERMINATION OF REGISTRATION BY CORPORATIONS AND
19990H0368B3221 - 2 -
1 OTHER ASSOCIATIONS):
2 (1) A NAME REGISTERED PRIOR TO FEBRUARY 13, 1973 UNDER
3 THE ACT OF MAY 16, 1923 (P.L.246, NO.160), RELATING TO
4 REGISTRATION OF CERTAIN NAMES.
5 (2) A NAME REGISTERED UNDER SECTION 502 (RELATING TO
6 CERTAIN ADDITIONS TO REGISTER).
7 (3) IN THE CASE OF A DOMESTIC OR QUALIFIED FOREIGN
8 CORPORATION, A NAME RENDERED UNAVAILABLE FOR CORPORATE USE BY
9 OTHER CORPORATIONS BY REASON OF ANY FILING IN THE DEPARTMENT
10 BY SUCH DOMESTIC OR QUALIFIED FOREIGN CORPORATION.
11 (4) A NAME REGISTERED UNDER 15 PA.C.S. § 4131 (RELATING
12 TO REGISTRATION OF NAME) OR ANY SIMILAR PROVISION OF LAW.
13 (5) IN THE CASE OF A BUSINESS TRUST WHICH EXISTS SUBJECT
14 TO 15 PA.C.S. CH. 95 (RELATING TO BUSINESS TRUSTS), THE NAME
15 OF THE TRUST AS SET FORTH IN THE INSTRUMENT FILED IN THE
16 DEPARTMENT UNDER 15 PA.C.S. § 9503 (RELATING TO DOCUMENTATION
17 OF TRUST).
18 (6) IN THE CASE OF A LIMITED PARTNERSHIP OR LIMITED
19 LIABILITY COMPANY SUBJECT TO 15 PA.C.S. CH. 85 (RELATING TO
20 LIMITED PARTNERSHIPS) OR 89 (RELATING TO LIMITED LIABILITY
21 COMPANIES), THE NAME OF THE PARTNERSHIP OR COMPANY AS SET
22 FORTH IN THE CERTIFICATE OF LIMITED PARTNERSHIP, CERTIFICATE
23 OF ORGANIZATION OR APPLICATION FOR REGISTRATION AS A FOREIGN
24 LIMITED PARTNERSHIP OR FOREIGN LIMITED LIABILITY COMPANY, AS
25 THE CASE MAY BE.
26 (7) IN THE CASE OF A BUSINESS TRUST WHICH EXISTS SUBJECT
27 TO 15 PA.C.S. CH. 95 (RELATING TO BUSINESS TRUSTS), THE NAME
28 OF THE TRUST AS SET FORTH IN THE INSTRUMENT FILED IN THE
29 DEPARTMENT UNDER 15 PA.C.S. § 9503 (RELATING TO DOCUMENTATION
30 OF TRUST), OR IN THE APPLICATION FOR REGISTRATION FILED
19990H0368B3221 - 3 -
1 PURSUANT TO 15 PA.C.S. § 9507 (RELATING TO FOREIGN BUSINESS
2 TRUSTS).
3 (8) IN THE CASE OF A REGISTERED LIMITED LIABILITY
4 PARTNERSHIP SUBJECT TO 15 PA.C.S. CH. 82 (RELATING TO
5 REGISTERED LIMITED LIABILITY PARTNERSHIPS) THAT IS NOT ALSO A
6 LIMITED PARTNERSHIP, THE NAME OF THE PARTNERSHIP AS SET FORTH
7 IN THE STATEMENT OF REGISTRATION OR APPLICATION FOR
8 REGISTRATION AS A FOREIGN REGISTERED LIMITED LIABILITY
9 PARTNERSHIP.
10 * * *
11 § 503. DECENNIAL FILINGS REQUIRED.
12 (A) GENERAL RULE.--EVERY CORPORATION OR OTHER ASSOCIATION
13 WHOSE NAME IS REGISTERED UNDER THIS CHAPTER SHALL [DECENNIALLY],
14 DURING THE YEAR [2000] 2002 AND EACH YEAR THEREAFTER DIVISIBLE
15 BY TEN, FILE IN THE DEPARTMENT A REPORT, WHICH SHALL BE EXECUTED
16 BY THE CORPORATION OR OTHER ASSOCIATION, AND SHALL SET FORTH:
17 (1) THE NAME OF THE CORPORATION OR OTHER ASSOCIATION.
18 (2) THE ADDRESS, INCLUDING STREET AND NUMBER, IF ANY, OF
19 ITS REGISTERED OR OTHER OFFICE.
20 (3) A STATEMENT THAT THE CORPORATION OR OTHER
21 ASSOCIATION CONTINUES TO EXIST.
22 (4) SUCH OTHER INFORMATION NECESSARY TO THE
23 ADMINISTRATION OF THIS CHAPTER AS THE DEPARTMENT MAY SPECIFY
24 BY REGULATION.
25 (B) EXCEPTIONS.--SUBSECTION (A) SHALL NOT APPLY TO:
26 (1) A CORPORATION OR OTHER ASSOCIATION WHICH DURING THE
27 PRECEDING TEN YEARS HAS MADE ANY FILING IN THE DEPARTMENT, A
28 PERMANENT RECORD OF WHICH IS RETAINED BY THE DEPARTMENT[,
29 OTHER THAN A REPORT REQUIRED BY SUBSECTION (A)]; OR
30 (2) A CORPORATION WHOSE NAME IS REGISTERED PURSUANT TO
19990H0368B3221 - 4 -
1 SECTION 501(A)(4) (RELATING TO REGISTER ESTABLISHED).
2 (C) CROSS REFERENCE.--SEE 15 PA.C.S. § 134 (RELATING TO
3 DOCKETING STATEMENT).
4 § 504. EFFECT OF FAILURE TO MAKE [DECENNIAL] FILINGS.
5 ON JANUARY 1 OF THE YEAR FOLLOWING THE YEAR DURING WHICH A
6 REPORT IS REQUIRED TO BE FILED UNDER SECTION 503 (RELATING TO
7 DECENNIAL FILINGS REQUIRED), THE NAME OF EVERY CORPORATION AND
8 ASSOCIATION WHICH HAS FAILED TO COMPLY WITH SUCH SECTION SHALL
9 NO LONGER BE DEEMED TO BE REGISTERED UNDER THIS CHAPTER.
10 § 702. Change by order of court.
11 * * *
12 (b) Procedure.--Prior to entry of an order of approval of
13 change of name, all of the following shall apply:
14 * * *
15 (5) The procedure in this subsection shall not apply to
16 proceedings involving:
17 (i) An election to resume a prior surname pursuant
18 to section 704 (relating to divorced person may resume
19 prior name).
20 (ii) Name changes involving minor children in
21 adoption proceedings pursuant to 23 Pa.C.S. § 2904
22 (relating to name of adoptee).
23 (iii) A name change involving a minor child unless <--
24 the child has been previously adjudicated delinquent by a
25 court in this Commonwealth or has been previously
26 convicted of an offense under Title 18 (relating to
27 crimes and offenses). WHO IS UNDER 16 YEARS OF AGE WHOSE <--
28 NAME IS BEING CHANGED PURSUANT TO SECTION 703 (RELATING
29 TO EFFECT ON CHILDREN).
30 * * *
19990H0368B3221 - 5 -
1 § 1314. DECENNIAL FILINGS REQUIRED. <--
2 (A) GENERAL RULE.--EVERY REGISTRANT OF ANY INSIGNIA
3 REGISTERED UNDER THIS CHAPTER SHALL [DECENNIALLY], DURING THE
4 YEAR [2000] 2002 AND EACH YEAR THEREAFTER DIVISIBLE BY TEN, FILE
5 IN THE DEPARTMENT A REPORT, WHICH SHALL SET FORTH:
6 (1) THE NAME OF THE ORGANIZATION AND ITS ADDRESS,
7 INCLUDING STREET AND NUMBER, IF ANY.
8 (2) AN IDENTIFICATION OF THE LAST PRECEDING FILING IN
9 THE DEPARTMENT WITH RESPECT TO THE INSIGNIA.
10 (3) A STATEMENT THAT THE INSIGNIA SHALL CONTINUE TO BE
11 REGISTERED IN THE DEPARTMENT.
12 (4) SUCH OTHER INFORMATION NECESSARY TO THE
13 ADMINISTRATION OF THIS CHAPTER AS THE DEPARTMENT MAY SPECIFY
14 BY REGULATION.
15 (B) REQUIREMENT SATISFIED BY OTHER FILINGS.--SUBSECTION (A)
16 SHALL NOT APPLY TO A REGISTRANT WHICH DURING THE PRECEDING TEN
17 YEARS HAS MADE ANY FILING WITH THE DEPARTMENT UNDER THIS CHAPTER
18 [OTHER THAN A REPORT REQUIRED BY SUBSECTION (A)].
19 (C) EFFECT OF FAILURE TO MAKE [DECENNIAL] FILINGS.--ON
20 JANUARY 1 OF THE YEAR FOLLOWING THE YEAR DURING WHICH A REPORT
21 IS REQUIRED TO BE FILED UNDER SUBSECTION (A), EVERY INSIGNIA
22 THERETOFORE REGISTERED UNDER THIS CHAPTER WITH RESPECT TO WHICH
23 NO SUCH REPORT HAS BEEN FILED DURING THE IMMEDIATELY PRECEDING
24 YEAR SHALL CEASE TO BE REGISTERED UNDER THIS CHAPTER. SUCH
25 REGISTRATION MAY THEREAFTER BE RESTORED ONLY BY THE FILING UNDER
26 THIS CHAPTER OF AN ORIGINAL APPLICATION FOR REGISTRATION OF THE
27 INSIGNIA.
28 (D) CROSS REFERENCE.--SEE 15 PA.C.S. § 134 (RELATING TO
29 DOCKETING STATEMENT).
30 § 1515. DECENNIAL FILINGS REQUIRED.
19990H0368B3221 - 6 -
1 (A) GENERAL RULE.--EVERY REGISTRANT OF A MARK REGISTERED
2 UNDER THIS CHAPTER SHALL [DECENNIALLY], DURING THE YEAR [2000]
3 2002 AND EACH YEAR THEREAFTER DIVISIBLE BY TEN, FILE IN THE
4 DEPARTMENT A REPORT, WHICH SHALL SET FORTH:
5 (1) THE NAME AND ADDRESS, INCLUDING STREET AND NUMBER,
6 IF ANY, OF THE REGISTRANT.
7 (2) AN IDENTIFICATION OF THE LAST PRECEDING FILING IN
8 THE DEPARTMENT WITH RESPECT TO THE MARK.
9 (3) A STATEMENT THAT THE MARK CONTINUES TO BE USED IN
10 CONNECTION WITH THE ARTICLES OR SUPPLIES SPECIFIED IN THE
11 REGISTRATION.
12 (4) SUCH OTHER INFORMATION NECESSARY TO THE
13 ADMINISTRATION OF THIS CHAPTER AS THE DEPARTMENT MAY SPECIFY
14 BY REGULATION.
15 (B) REQUIREMENT SATISFIED BY OTHER FILINGS.--SUBSECTION (A)
16 SHALL NOT APPLY TO A REGISTRANT WHICH DURING THE PRECEDING TEN
17 YEARS HAS MADE ANY FILING WITH THE DEPARTMENT UNDER THIS CHAPTER
18 [OTHER THAN A REPORT REQUIRED BY SUBSECTION (A)].
19 (C) EFFECT OF FAILURE TO MAKE [DECENNIAL] FILINGS.--ON
20 JANUARY 1 OF THE YEAR FOLLOWING THE YEAR DURING WHICH A REPORT
21 IS REQUIRED TO BE FILED UNDER SUBSECTION (A), EVERY MARK
22 THERETOFORE REGISTERED UNDER THIS CHAPTER WITH RESPECT TO WHICH
23 NO SUCH REPORT HAS BEEN FILED DURING THE IMMEDIATELY PRECEDING
24 YEAR SHALL CEASE TO BE REGISTERED UNDER THIS CHAPTER. SUCH
25 REGISTRATION MAY THEREAFTER BE RESTORED ONLY BY THE FILING UNDER
26 THIS CHAPTER OF AN ORIGINAL APPLICATION FOR REGISTRATION OF THE
27 MARK.
28 (D) CROSS REFERENCE.--SEE 15 PA.C.S. § 134 (RELATING TO
29 DOCKETING STATEMENT).
30 Section 2. This act shall take effect in 60 days. AS <--
19990H0368B3221 - 7 -
1 FOLLOWS:
2 (1) THE AMENDMENT OF 54 PA.C.S. § 702(B)(5) SHALL TAKE
3 EFFECT IN 60 DAYS.
4 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
5 IMMEDIATELY.
L29L54JS/19990H0368B3221 - 8 -