19 Pa. Code § 11.11 - Requirements to be met by filed documents
(a) Section 135 of the code (relating to
requirements to be met by filed documents) provides that a document shall be
accepted for filing by the Department if it satisfies the following
requirements:
(1) The document purports on its
face to relate to matters authorized or required to be filed under the code or
other applicable law or contains a caption indicating that relationship and, if
no applicable docketing statement has been prescribed (see §
13.51 (relating to official
forms)), contains sufficient information to permit the Department to prepare a
docket record entry:
(i) Identifying the name
of the association or other person to which the document relates.
(ii) Identifying the association or
associations, if any, the existence of which is to be created, extended,
limited or terminated by reason of the filing and the duration of existence of
the association.
(iii) Specifying
the date upon which the creation or termination of existence, if any, of the
association effected by the filing will take effect.
(2) The document complies as to size, shape
and other physical characteristics with Chapter 13 (relating to special rules
of administrative practice and procedure) and other applicable provisions of
this subpart incorporated therein by reference.
(3) In the case of a document that creates a
new association or effects or reflects a change in name one of the following
applies:
(i) The document is accompanied by
evidence that the proposed name has been reserved by or on behalf of the
applicant.
(ii) The proposed name
is available for use under the applicable standard established by the code and
54 Pa.C.S. (relating to names) and other applicable provisions of
law.
(4) In the case of
another document that sets forth a name or mark, the proposed name or mark is
available for use under the applicable standard established by law. See Chapter
17 (relating to names).
(5) A
registered office set forth in the document complies with §
19.1 (relating to blind addresses
prohibited) and other applicable provisions of Chapter 19 (relating to
registered offices and addresses).
(6) The document is executed. See §
13.8 (relating to
execution).
(7) If required, the
filing is accompanied by the docketing statement provided for under §
13.12 (relating to docketing
statements).
(8) Fees, taxes and
certificates or statements relating thereto required by §
13.13 (relating to tax clearance
certificates) or otherwise have been tendered therewith.
(9) Certificates and other instruments
required by statute evidencing the consent or approval of a department, board,
commission or other agency of this Commonwealth as a prerequisite to the filing
of the document in the Department have been incorporated into, attached to or
otherwise tendered with the document. See §
13.14 (relating to governmental
approvals).
(b) It is the
policy of the Department, in all cases of doubt, to resolve that doubt in favor
of the prompt filing of the questioned document subject to later correction, if
necessary. Under the applicable law there is no longer an implication from the
acceptance of a submittal that the Department has ruled that a document
conforms to law except in the limited instances noted in subsection (a). Under
§
11.4 (relating to subordination of
code to regulatory laws), the filing of a questionable document will not
adversely affect a public right, and, if unlawful, cannot permanently affect a
private right in view of the remedies currently available under §
11.18 (relating to statement of
correction) to private parties.
Notes
This section cited in 19 Pa. Code § 3.2 (relating to date of deposit as filing date); 19 Pa. Code § 3.27 (relating to immediate certified copy fee); 19 Pa. Code § 11.6 (relating to limited Departmental review function); 19 Pa. Code § 11.12 (relating to processing of documents by Department); and 19 Pa. Code § 13.14 (relating to governmental approach).
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