Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 55 - Corporate Powers, Duties and Safeguards
Section 5547 - Authority to take and hold trust property


(a) General rule.--Every nonprofit corporation incorporated for a charitable purpose or purposes may take, receive and hold such real and personal property as may be given, devised to, or otherwise vested in such corporation, in trust, for the purpose or purposes set forth in its articles. The board of directors or other body of the corporation shall, as trustees of such property, be held to the same degree of responsibility and accountability as if not incorporated, unless a less degree or a particular degree of responsibility and accountability is prescribed in the trust instrument, or unless the board of directors or such other body remain under the control of the members of the corporation or third persons who retain the right to direct, and do direct, the actions of the board or other body as to the use of the trust property from time to time.
(b) Nondiversion of certain property.--Property committed to charitable purposes shall not, by any proceeding under Chapter 3 (relating to entity transactions) or 59 (relating to amendments, sale of assets and dissolution) or otherwise, be diverted from the objects to which it was donated, granted or devised, unless and until the board of directors or other body obtains from the court an order under 20 Pa.C.S. Ch. 77 (relating to trusts) specifying the disposition of the property.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Oct. 27, 2010, P.L.837, No.85, eff. 60 days; July 9, 2013, P.L.476, No.67, eff. 60 days; Nov. 3, 2022, P.L.1793, No.122, eff. 60 days)

2022 Amendment. Act 122 amended subsec. (b).
Cross References. Section 5547 is referred to in sections 202, 5548, 5548.1, 5549, 5746, 5916, 5930, 5976, 5989 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

Extra - Chapter Notes

Section 5501 - Corporate capacity

Section 5502 - General powers

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 5542 - Subventions

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 5552 - (Reserved)

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

Section 5588 - Amortization of premiums on securities held

Section 5589 - Records; ownership of assets