Pennsylvania § 207 Required name changes by senior associations

Pennsylvania Statutes

§ 207 — Required name changes by senior associations

Pennsylvania·Title 15 CORPORATIONS AND UNINCORPORATED ASSOCIATIONS·Part PART I·Ch. 2 ENTITIES GENERALLY·Subch. NAMES

(a)Loss of rights to name.--A covered association shall cease to have the exclusive right to its proper name:

(1)while it is administratively dissolved under Subchapter H of Chapter 3 (relating to administrative dissolution or cancellation), if the association is a domestic filing entity;

(2)while its statement of registration is canceled under Subchapter H of Chapter 3, if the association is a domestic limited liability partnership;

(3)while its statement of election is canceled under Subchapter H of Chapter 3, if the association is an electing partnership; or

(4)if it has filed in the Department of Revenue a tax return or certificate indicating that it is out of existence.

(b)Adoption of new name on reinstatement.--Upon the removal of the reason why a covered association has l

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(a) Loss of rights to name.--A covered association shall cease to have the exclusive right to its proper name:

(1) while it is administratively dissolved under Subchapter H of Chapter 3 (relating to administrative dissolution or cancellation), if the association is a domestic filing entity;

(2) while its statement of registration is canceled under Subchapter H of Chapter 3, if the association is a domestic limited liability partnership;

(3) while its statement of election is canceled under Subchapter H of Chapter 3, if the association is an electing partnership; or

(4) if it has filed in the Department of Revenue a tax return or certificate indicating that it is out of existence.

(b) Adoption of new name on reinstatement.--Upon the removal of the reason why a covered association has lost the exclusive right to its proper name under subsection (a), the association shall make inquiry with the Department of State with regard to the availability of its name and, if the name has been appropriated by another person, the covered association shall adopt a new name in accordance with law before resuming its activities.

(c) Enforcement of undertaking to release name.--If a covered association has used a name that is not distinguishable on the records of the Department of State from the name of another association as permitted by section 202(b)(1) (relating to requirements for names generally) and the other association continues to use its name in this Commonwealth and does not change its name, cease to do business, be wound up or withdraw as it proposed to do in its consent or change its name as required by subsection (a), any court having jurisdiction may enjoin the other association from continuing to use its name or a name that is not distinguishable therefrom on the application of:

(1) the Attorney General, acting on his or her own motion or at the instance of an administrative department, board or commission of this Commonwealth; or

(2) any person adversely affected.

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Legislative History

(Nov. 3, 2022, P.L.1791, No.122, eff. 60 days) 2022 Amendment.Act 122 amended subsecs. (a) and (b). Cross References.Section 207 is referred to in sections 1341, 5341 of this title.