(a) General rule.--A nonprofit corporation organized on a nonstock basis may provide in its bylaws that members, upon or subsequent to admission, shall make capital contributions. The amount shall be specified in, or fixed by the board of directors or other body pursuant to authority granted by, the bylaws. The requirement of a capital contribution may apply to all members, to the members of a single class or to members of different classes in different amounts or proportions.
(b) Consideration receivable.--The capital contribution of a member, unless otherwise provided in the bylaws:
(1) May consist of money, obligations (including an obligation of a member), services performed whether or not contracted for, contracts for services to be performed, memberships in or securities or obligations of the corporation or any other tangible or intangible property or benefit to the corporation. If a capital contribution is made in a form other than money, the value of the contribution shall be determined by or in the manner provided by the board of directors or other body.
(2) Shall be provided or paid to or as ordered by the corporation.
(c) Evidence of contribution.--The capital contribution of a member shall be recorded on the books of the corporation and may be evidenced by a written instrument delivered to the member, but the instrument shall not be denominated a "share certificate" or by any other word or term implying that the instrument is a share certificate subject to section 5752 (relating to organization on a stock share basis).
(d) Transferability of interest.--Unless otherwise provided in the bylaws, the capital contribution of a member shall not be transferable.
(e) Repayment of contribution.--The capital contribution of a member shall not be repaid by the corporation except upon dissolution of the corporation or as provided in this subpart. A corporation may provide in its bylaws that its capital contributions, or some of them, shall be repayable, in whole or in part, at the option of the corporation only, in the amount or amounts (not to exceed the amount of the capital contribution), within the period or periods and on the terms and conditions, not inconsistent with this subpart, as are stated in, or fixed by the board of directors or other body pursuant to authority granted by, the bylaws.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; July 9, 2013, P.L.476, No.67, eff. 60 days)
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