54 Pa.C.S. § 311 Registration

• Library: Pennsylvania Statutes
• Edition: 2023
• Currency: Current through P.A. Acts 2023-66
• Year: 2023
• Citation: 54 Pa.C.S. § 311

(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] an association designator, notwithstanding the fact that some or all of the persons interested therein are [corporations] associations. This paragraph shall not be construed to limit or affect any personal liability otherwise existing of [shareholders of a corporation] interest holders of an association to persons who deal with the [corporation] association without knowledge of its status as such.