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Registration - 54 Pa. Cons. Stat. § 311

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     § 311.  Registration.
        (a)  General rule.--A fictitious name may be registered under
     this chapter by filing in the department an application for
     registration of fictitious name, which shall be executed as
     provided in subsection (d), and shall set forth:
            (1)  The fictitious name.
            (2)  A brief statement concerning the character or nature
        of the business or other activity to be carried on under or
        through the fictitious name.
            (3)  The address, including street and number, if any, of
        the principal place of business of the business or other
        activity to be carried on under or through the fictitious
        name.
            (4)  The name and address, including street and number,
        if any, of each individual interested in such business or
        other activity.
            (5)  With respect to each entity, other than an
        individual, interested in such business or other activity:
                (i)  The name of the entity and a statement of its
            form of organization.
                (ii)  The name of the jurisdiction under the laws of
            which it is organized.
                (iii)  The address, including street and number, if
            any, of its principal office under the laws of its
            domiciliary jurisdiction.
                (iv)  The address, including street and number, if
            any, of its registered office, if any, in this
            Commonwealth.
            (6)  A statement that the applicant is familiar with the
        provisions of section 332 (relating to effect of
        registration) and understands that filing under the
        Fictitious Names Act does not create any exclusive or other
        right in the fictitious name.
            (7)  Such other information necessary to the
        administration of this chapter as the department may specify
        by regulation.
        (b)  Use of corporate designators.--A fictitious name
     registered under this chapter:
            (1)  May not contain a corporate designator such as
        "corporation," "incorporated" or "limited" or any derivation
        or abbreviation thereof unless the entity or at least one
        entity named in the application for registration of
        fictitious name is a corporation. The use of the word
        "company" or any derivation or abbreviation thereof by a sole
        proprietorship, a partnership or a corporation is
        permissible.
            (2)  Need not contain a corporate designator,
        notwithstanding the fact that some or all of the persons
        interested therein are corporations. This paragraph shall not
        be construed to limit or affect any personal liability
        otherwise existing of shareholders of a corporation to
        persons who deal with the corporation without knowledge of
        its status as such.
        (c)  Agent for effecting amendments.--The application may
     designate one or more parties who shall be authorized to execute
     amendments to, withdrawals from or cancellation of the
     registration under this chapter in behalf of all then existing
     parties to the registration.
        (d)  Execution.--
            (1)  Where the application for registration relates to an
        entity which includes one or more participants which are
        partnerships or other entities composed of two or more
        parties, it shall not be necessary for each ultimate party to
        be named in and to execute the application, but only the
        constituent participants shall be named in the application
        and a partner or other authorized representative of a
        participant may execute the application on behalf of the
        participant.
            (2)  Where the application for registration relates to a
        trust or similar entity, it shall not be necessary for each
        beneficial owner or similar ultimate party to be named in and
        to execute the application, but only the trustees of the
        trust or the governing body of the similar entity shall be
        named in and shall execute the application.
            (3)  Otherwise, the application for registration shall be
        executed by each individual party thereto and, in the case of
        any other entity, by the entity. See section 103 (relating to
        execution of documents).
            (4)  The application of any party may be executed by the
        attorney-in-fact of the party.
        (e)  Duplicate use of names.--The fictitious name shall be
     distinguishable upon the records of the department from:
            (1)  The name of any domestic corporation, or any foreign
        corporation authorized to do business in this Commonwealth,
        or the name of any corporation or other association
        registered at any time under Chapter 5 (relating to corporate
        and other association names) unless such name is available or
        is made available for use under the provisions or procedures
        of 15 Pa.C.S. § 5303(b)(1)(i) or (ii) (relating to duplicate
        use of names) or the equivalent.
            (2)  (Deleted by amendment).
            (3)  The name of any administrative department, board or
        commission or other agency of this Commonwealth.
            (4)  A name the exclusive right to which is at the time
        reserved by any other person whatsoever in the manner
        provided by statute.
        (f)  Required approvals.--The fictitious name shall not
     contain:
            (1)  The words "college," "university" or "seminary" when
        used in such a way as to imply that the entity is an
        educational institution conforming to the standards and
        qualifications prescribed by the State Board of Education
        unless there is submitted a certificate from the Department
        of Education certifying that the entity is entitled to use
        such designation.
            (2)  The words "engineer" or "engineering" or "surveyor"
        or "surveying" or any other word implying that any form of
        the practice of engineering or surveying, as defined in the
        act of May 23, 1945 (P.L.913, No.367), known as the
        Professional Engineers Registration Law, is provided unless
        at least one of the parties to the registration has been
        properly registered with the State Registration Board for
        Professional Engineers and there is submitted to the
        department a certificate from the board to that effect.
            (3)  The words "bank," "banking," "banker" or "trust" or
        any other word implying that the entity is a bank, bank and
        trust company, savings bank, private bank or trust company,
        as defined in the act of November 30, 1965 (P.L.847, No.356),
        known as the Banking Code of 1965, unless approved by the
        Department of Banking.
            (4)  The word "cooperative" or any abbreviation thereof
        unless it is subject to 15 Pa.C.S. Pt. II Subpt. D (relating
        to cooperative corporations).
            (5)  The words "architect" or "architecture" or any other
        word implying that any form of the practice of architecture,
        as defined in the act of December 14, 1982 (P.L.1227,
        No.281), known as the Architects Licensure Law, is provided
        unless at least one of the parties to the registration has
        been properly registered with the Architects Licensure Board
        in the practice of architecture and there is submitted to the
        department a certificate from the board to that effect.
            (6)  The words "credit union" or any other words implying
        that the entity is a credit union as defined in 17 Pa.C.S. §
        102 (relating to application of title), unless approved by
        the Department of Banking.
            (7)  The words "annuity," "assurance," "beneficial,"
        "bond," "casualty," "endowment," "fidelity," "fraternal,"
        "guaranty," "indemnity," "insurance," "insurer,"
        "reassurance," "reinsurance," "surety" or "title" when used
        in such a way as to imply that the entity is engaged in the
        business of writing insurance or reinsurance as principal or
        any other words of like purport unless there is submitted a
        certificate from another jurisdiction certifying that the
        entity is duly licensed therein as an insurance company or a
        certificate from the Insurance Department certifying that it
        has no objection to the use by the entity of such
        designation.
            (8)  The words "electric cooperative" unless it is
        subject to 15 Pa.C.S. Ch. 73 (relating to electric
        cooperative corporations).
            (9)  The number "911" unless the entity is a public
        agency located in whole or in part within the Commonwealth
        and is authorized by law to provide emergency telephone
        service for firefighting, law enforcement, ambulance,
        emergency medical or other emergency services.
            (10)  Any word or phrase not permitted by law to be filed
        under this chapter without governmental consent unless there
        is submitted to the department written evidence of such
        consent.
        (g)  Advertisement.--An entity which includes an individual
     party shall officially publish in the county in which the
     principal office or place of business of the entity is or, in
     the case of a proposed entity, is to be located notice of its
     intention to file or the filing of an application for
     registration of a fictitious name under this chapter. The notice
     may appear prior to or after the day upon which the application
     is filed in the department and shall be kept with the permanent
     records of the business and shall set forth briefly:
            (1)  The fictitious name.
            (2)  The address, including street and number, if any, of
        the principal office or place of business of the business to
        be carried on under or through the fictitious name.
            (3)  The names and respective addresses, including street
        and number, if any, of all persons who are parties to the
        registration.
            (4)  A statement that an application for registration of
        a fictitious name is to be or was filed under the Fictitious
        Names Act.
        (h)  Cross reference.--See 15 Pa.C.S. § 134 (relating to
     docketing statement).
     (Dec. 21, 1988, P.L.1444, No.177; Dec. 19, 1990, P.L.834,
     No.198, eff. imd.; July 1, 1994, P.L.412, No.66, eff. 60 days;
     June 22, 2000, P.L.356, No.43, eff. 60 days)

        2000 Amendment.  Act 43 amended subsec. (e).
        1994 Amendment.  Act 66 renumbered subsec. (f)(9) to subsec.
     (f)(10) and added a new subsec. (f)(9).
        1990 Amendment.  Act 198 amended subsec. (f).
        1988 Amendment.  Act 177 amended subsecs. (a)(3), (b)(1),
     (d), (e)(1) and (2), (f)(4) and (g) and added subsec. (h),
     effective immediately and retroactive to March 16, 1983, as to
     subsec. (b)(1) and immediately as to the remainder of the
     section.
        References in Text.  The name of the Professional Engineers
     Registration Law was changed to the Engineer, Land Surveyor and
     Geologist Registration Law. The name of the State Registration
     Board for Professional Engineers and Professional Land Surveyors
     was changed to the State Registration Board for Professional
     Engineers, Land Surveyors and Geologists.
        Cross References.  Section 311 is referred to in section 312
     of this title.

Last modified: November 27, 2007