Court to pass upon rejection of documents by Department of State - 15 Pa. Cons. Stat. § 137

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     § 137.  Court to pass upon rejection of documents by Department
                of State.
        (a)  General rule.--Whenever the Department of State rejects
     a document delivered for filing under this title or fails to
     make available a certified duplicate copy within the time
     provided by section 136(b) (relating to immediate certified
     copy):
            (1)  the original document or copies thereof;
            (2)  the statement, if any, of the department made under
        section 136(b)(1)(ii); and
            (3)  any other papers relating thereto;
     may be delivered to the prothonotary or clerk of the court
     vested by or pursuant to Title 42 (relating to judiciary and
     judicial procedure) with jurisdiction of appeals from the
     department. Immediately the prothonotary or clerk shall transmit
     the papers to the court without formality or expense to the
     person who delivered the original document to the department.
     The question of the eligibility of the document for filing in
     the department shall thereupon, at the earliest possible time,
     be heard by a judge of the court, without jury, in the court or
     in chambers. The finding of the court, or any judge thereof,
     that the document is eligible for filing in the department shall
     be final and the department shall act in accordance therewith.
     The true intent of this section is to secure for applicants an
     immediate hearing in court and a determination by the court
     without delay or expense to the applicants.
        (b)  Further appellate review.--The corporation or any
     incorporator of a proposed corporation or other aggrieved
     applicant may within the time and in the manner provided by law
     seek judicial review of an adverse order of court entered
     pursuant to subsection (a). The department shall not have any
     right in the exercise of its functions under this title to seek
     judicial review of an adverse order entered pursuant to
     subsection (a) and any such right which the department might
     otherwise enjoy under the Constitution of Pennsylvania or
     otherwise is hereby waived, but any department, board or
     commission of the Commonwealth which contends that the document
     fails to comply with section 135(a)(6) (relating to requirements
     to be met by filed documents) may seek judicial review of the
     order.
        (c)  Exceptions.--
            (1)  This section shall not impair the right of any
        person to proceed under section 138 (relating to statement of
        correction) nor impair the right of the Attorney General to
        institute proceedings under section 503 (relating to actions
        to revoke corporate franchises).
            (2)  A determination by the department with respect to
        the registrability of a label or other mark under Title 54
        (relating to names) or otherwise affecting the status of a
        label or other mark shall be subject to judicial review under
        Title 2 (relating to administrative law and procedure) and
        not under this section.

        Saved from Suspension.  Pennsylvania Rule of Appellate
     Procedure No. 5102, as amended July 7, 1997, provided that
     section 137 shall not be deemed suspended or affected by the
     Pennsylvania Rules of Appellate Procedure.
        Cross References.  Section 137 is referred to in sections
     1104, 5104 of this title.

Last modified: November 27, 2007