(a) Interest rates.--A nonprofit corporation shall not plead or set up usury, or the taking of more than the lawful rate of interest, or the taking of any finance, service or default charge in excess of any maximum rate therefor provided or prescribed by law, as a defense to any action or proceeding brought against it to recover damages on, or to enforce payment of, or to enforce any other remedy on, any obligation executed or effected by the corporation.
(b) Yield maintenance premiums.--A prepayment premium determined by reference to the approximate spread between the yield at issuance, or at the date of amendment of any of the terms, of an obligation of a corporation and the yield at or about such date of an interest rate index of independent significance and contingent upon a change in the ownership of or memberships in the corporation or a default by or other change in the condition or prospects of the corporation or any affiliate of the corporation shall be deemed liquidated damages and shall not constitute a penalty.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Affiliate." An affiliate or associate as defined in section 2552 (relating to definitions).
"Obligation." Includes an installment sale contract.
(d) Cross reference.--See section 6146 (relating to provisions applicable to all foreign corporations).
(June 22, 2001, P.L.418, No.34, eff. 60 days)
Cross References. Section 5510 is referred to in section 6146 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 15 - CORPORATIONS AND UNINCORPORATED ASSOCIATIONS
Chapter 55 - Corporate Powers, Duties and Safeguards
Section 5501 - Corporate capacity
Section 5503 - Defense of ultra vires
Section 5504 - Adoption, amendment and contents of bylaws
Section 5505 - Persons bound by bylaws
Section 5506 - Form of execution of instruments
Section 5507 - Registered office
Section 5508 - Corporate records; inspection by members
Section 5509 - Bylaws and other powers in emergency
Section 5510 - Certain specifically authorized debt terms
Section 5511 - Establishment of subordinate units
Section 5512 - Informational rights of a director
Section 5513 - Forum selection provisions
Section 5541 - Capital contributions of members
Section 5543 - Debt and security interests
Section 5543.1 - Usury not a defense (Repealed)
Section 5544 - Dues and assessments
Section 5545 - Income from corporate activities
Section 5546 - Purchase, sale, mortgage and lease of real property
Section 5546.1 - Insolvency or bankruptcy (Repealed)
Section 5547 - Authority to take and hold trust property
Section 5548 - Investment of trust funds
Section 5548.1 - Nonjudicial settlement agreement
Section 5549 - Transfer of trust or other assets to institutional trustee
Section 5550 - Devises, bequests and gifts after certain fundamental changes
Section 5551 - Dividends prohibited; compensation and certain payments authorized
Section 5553 - Liabilities of members
Section 5554 - Annual report of directors or other body
Section 5585 - Establishment or use of common trust funds authorized
Section 5586 - Restrictions on investments
Section 5587 - Determination of interests