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Processing of documents by Department of State - 15 Pa. Cons. Stat. § 136Legal Research Home > Pennsylvania Statutes
§ 136. Processing of documents by Department of State.
(a) Filing of documents.--If a document conforms to section
135 (relating to requirements to be met by filed documents) the
Department of State shall forthwith file the document, certify
that the document has been filed by endorsing upon the document
the fact and date of filing, make and retain a copy thereof and
return the document or a copy thereof so endorsed to or upon the
order of the person who delivered the document to the
department.
(b) Immediate certified copy.--
(1) If a duplicate copy, which may be either a signed or
conformed copy, of any articles or other document authorized
or required by this title to be filed in the department is
delivered to the department with the original signed
document, the department shall compare the duplicate copy
with the original signed document and, if it finds that they
are identical, shall certify the duplicate copy by making
upon it the same endorsement that is required to appear upon
the original, together with a further endorsement that the
duplicate copy is a true copy of the original signed
document, and return the duplicate copy to the person who
delivered it to the department.
(2) If the duplicate copy is delivered by hand to the
office of the department at the seat of government at least
four hours before the close of business on any day not a
holiday and relates to a matter other than a label or other
mark requiring examination under Title 54 (relating to names)
or the reservation or registration of a name under this title
and, in the case of a document that creates a new
association, effects or reflects a change in name or
qualifies a foreign association to do business in this
Commonwealth, if the duplicate copy is accompanied by
evidence that the proposed name has been reserved or
registered by or on behalf of the applicant, the department
before the close of business on that day shall either:
(i) Certify the duplicate copy as required by this
subsection and make such certified copy available at the
office of the department to or upon the order of the
person who delivered it to the department.
(ii) Make available at the office of the department
to or upon the order of the person who delivered it to
the department a brief statement in writing of the
reasons of the department for refusing to certify such
duplicate copy.
See section 153(a)(10) (relating to certification fees).
(3) In lieu of comparing the duplicate copy with the
original signed document as provided in paragraphs (1) and
(2), the department may make a copy of the original signed
document at the cost of the person who delivered it to the
department.
(c) Effective date.--Except as otherwise provided in this
title, a document shall become effective upon the filing thereof
in the department.
(d) Copies.--The department may make a copy, on microfilm or
otherwise, of any document filed in, with or by it pursuant to
this title, or any statute hereby supplied or repealed, and
thereafter destroy the document or return it to or upon the
order of the person who delivered the document to the
department.
(Dec. 19, 1990, P.L.834, No.198, eff. imd.; Dec. 18, 1992,
P.L.1333, No.169, eff. 60 days)
1992 Amendment. Act 169 amended subsec. (b)(2), retroactive
to December 19, 1990.
1990 Amendment. Act 198 amended subsecs. (a) and (b).
Reference in Text. Section 153(a)(10), referred to in
subsec. (b), is repealed.
Cross References. Section 136 is referred to in sections
137, 1104, 5104, 8518 of this title.
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Last modified: November 27, 2007 |