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Definitions - 15 Pa. Cons. Stat. § 102Legal Research Home > Pennsylvania Statutes
§ 102. Definitions.
Subject to additional or inconsistent definitions contained
in subsequent provisions of this title that are applicable to
specific provisions of this title, the following words and
phrases when used in this title shall have, unless the context
clearly indicates otherwise, the meanings given to them in this
section:
"Act" or "action." Includes failure to act.
"Association." A corporation, a partnership, a limited
liability company, a business trust or two or more persons
associated in a common enterprise or undertaking. The term does
not include a testamentary trust or an inter vivos trust as
defined in 20 Pa.C.S. § 711(3) (relating to mandatory exercise
of jurisdiction through orphans' court division in general).
"Banking institution." A banking institution as defined in
section 1103 (relating to definitions).
"Business trust." A trust subject to Chapter 95 (relating to
business trusts).
"Cooperative corporation." A corporation that is subject to
Subpart D of Part II (relating to cooperative corporations).
"Corporation for profit." A corporation incorporated for a
purpose or purposes involving pecuniary profit, incidental or
otherwise, to its shareholders or members.
"Corporation not-for-profit." A corporation not incorporated
for a purpose or purposes involving pecuniary profit, incidental
or otherwise.
"Court." Subject to any inconsistent general rule prescribed
by the Supreme Court of Pennsylvania:
(1) the court of common pleas of the judicial district
embracing the county where the registered office of the
corporation or other association is or is to be located; or
(2) where an association results from a merger,
consolidation, division or other transaction without
establishing a registered office in this Commonwealth or
withdraws as a foreign corporation or association, the court
of common pleas in which venue would have been laid
immediately prior to the transaction or withdrawal.
"Credit union." A credit union as defined in 17 Pa.C.S. §
102 (relating to application of title).
"Department." The Department of State of the Commonwealth.
"Domestic corporation." A corporation for profit or not-for-
profit incorporated under the laws of this Commonwealth.
"Domestic corporation for profit." A corporation for profit
incorporated under the laws of this Commonwealth.
"Domestic corporation not-for-profit." A corporation not-
for-profit incorporated under the laws of this Commonwealth.
"Electing partnership." An electing partnership as defined
in section 8701(c) (relating to scope and definition).
"Foreign corporation for profit." A corporation for profit
incorporated under any laws other than those of this
Commonwealth.
"Foreign corporation not-for-profit." A corporation not-for-
profit incorporated under any laws other than those of this
Commonwealth.
"Insurance corporation." An insurance corporation as defined
in section 3102 (relating to definitions).
"Internal Revenue Code of 1986." The Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).
"Licensed person." A natural person who is duly licensed or
admitted to practice his profession by a court, department,
board, commission or other agency of the Commonwealth or another
jurisdiction to render a professional service that is or will be
rendered by the association of which he is, or intends to
become, a shareholder, partner, owner, director, officer,
manager, member, employee or agent.
"Limited liability company." A domestic or foreign limited
liability company as defined in section 8903 (relating to
definitions and index of definitions).
"Profession." Includes the performance of any type of
personal service to the public that requires as a condition
precedent to the performance of the service the obtaining of a
license or admission to practice or other legal authorization
from the Supreme Court of Pennsylvania or a licensing board or
commission under the Bureau of Professional and Occupational
Affairs in the Department of State. Except as otherwise
expressly provided by law, this definition shall be applicable
to this title only and shall not affect the interpretation of
any other statute or any local zoning ordinance or other
official document heretofore or hereafter enacted or
promulgated.
"Professional services." Any type of services that may be
rendered by a member of a profession within the purview of his
profession.
"Representative." A representative as defined in section
1103 (relating to definitions).
"Savings association." A savings association as defined in
section 1103.
"Verified." Includes an unsworn document containing a
statement by the signatory that is made subject to the penalties
of 18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
(Apr. 27, 1990, P.L.129, No.36, eff. imd.; Dec. 19, 1990,
P.L.834, No.198, eff. imd.; Dec. 18, 1992, P.L.1333, No.169,
eff. 60 days; Dec. 7, 1994, P.L.703, No.106, eff. 60 days; June
22, 2001, P.L.418, No.34, eff. 60 days)
2001 Amendment. Act 34 amended the def. of "limited
liability company" and added the defs. of "profession" and
"professional services."
1994 Amendment. Act 106 amended the defs. of "association"
and "limited liability company" and added the def. of "licensed
person."
1992 Amendment. Act 169 amended the def. of "association"
and added the defs. of "business trust," "Internal Revenue Code
of 1986" and "limited liability company."
1990 Amendments. Act 36 added the def. of "act" or "action"
and Act 198 amended the defs. of "association," "credit union"
and "insurance corporation" and added the defs. of "corporation
for profit," "corporation not-for-profit," "electing
partnership" and "representative."
Cross References. Section 102 is referred to in sections
1104, 2902, 5104, 8503, 8903 of this title; section 1991 of
Title 1 (General Provisions).
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Last modified: November 27, 2007 |