(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.
(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.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 2 - Entities Generally
Section 202 - Requirements for names generally
Section 203 - Corporation names
Section 204 - Partnership and limited liability company names
Section 205 - Business trust names
Section 206 - Requirements for foreign association names
Section 207 - Required name changes by senior associations
Section 208 - Reservation of name
Section 209 - Registration of name of nonregistered foreign association
Section 223 - Ratification of defective entity actions
Section 224 - Action on ratification
Section 226 - Effect of ratification
Section 227 - Statement of validation
Section 228 - Judicial proceedings regarding validity of entity actions
Section 229 - Limitation on voiding certain defective entity actions