DEPARTMENT OF STATE Bureau of Corporations and Charitable Organizations; Proposed Official Forms [44 Pa.B. 1401]
[Saturday, March 8, 2014]The Department of State (Department), Bureau of Corporations and Charitable Organizations (Bureau) proposes to amend 19 Pa. Code Appendix B (relating to official forms) to read as set forth in Annex A.
A. Effective Date
The proposed form will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The Department has the authority to promulgate Bureau sample forms and instructions under 15 Pa.C.S. § 133 (relating to powers of Department of State). Section 133(a)(1) of 15 Pa.C.S. specifies that sample filing forms shall not be agency regulations and are therefore explicitly excluded from section 612 of The Administrative Code of 1929 (71 P. S. § 232) and review under the Commonwealth Attorneys Act (71 P. S. §§ 732-101—732-506) and the Regulatory Review Act (71 P. S. §§ 745.1—745.12a). Section 133(a)(1) of 15 Pa.C.S. does, however, require that the forms and instructions be subject to the opportunity for public comments under section 201 of the act of July 31, 2968 (P. L. 769, No. 240) (45 P. S. § 1201), known as the Commonwealth Documents Law (CDL).
C. Description of Proposed Revisions
This proposal introduces one new form: Form DSCB:15-153(a)(16) (Expedited Service Request). The form is made possible by the act of July 9, 2013 (P. L. 476, No. 67) (Act 67). Act 67 permits the Bureau to offer expedited service options for all business entity and Uniform Commercial Code filings. Under section 55 of Act 67, the Department published notice at 43 Pa.B. 7515 (December 21, 2013) that it would provide expedited services for documents deposited with the Department on or after January 6, 2014. A copy of Form DSCB:15-153(a)(16) (Expedited Service Request) was published with the notice. However, under 15 Pa.C.S. § 133(a)(1), the form is published to permit opportunity for public comment and for addition to 19 Pa. Code Appendix B.
Form DSCB:15-153(a)(16) (Expedited Service Request) is set forth in Annex A. Even though Rule 2.10(a) of the Pennsylvania Code and Bulletin Style Manual recommends that forms be referenced in regulations ratherthan adopted in regulations, 15 Pa.C.S. § 133 requires that the forms and instructions be published in the Pennsylvania Code.
D. Fiscal Impact
Although this proposal would not have measurable fiscal impact upon the Commonwealth, its political subdivisions or the private sector, a formal fiscal analysis was not conducted because these forms are exempt from section 612 of The Administrative Code of 1929.
E. Paperwork Requirements
This proposal would not create new paperwork other than that required by Act 67.
F. Regulatory Review
Under 15 Pa.C.S. § 133(a), sample forms are exempt from the requirements of the Regulatory Review Act, but shall be subject to the opportunity of public comment requirement under section 201 of the CDL.
G. Public Comment
Under 15 Pa.C.S. § 133(a)(1), which requires that publication of this form be subject to the opportunity for public comment, the Department invites interested persons to submit written comments, suggestions or objections regarding this proposal to Martha H. Brown, Assistant Counsel, Department of State, 301 North Office Building, Harrisburg, PA 17120, within 30 days following publication of this notice in the Pennsylvania Bulletin. Reference Bureau of Corporations and Charitable Organizations—Official Forms when submitting comments.
CAROL AICHELE,
Secretary
[Pa.B. Doc. No. 14-490. Filed for public inspection March 7, 2014, 9:00 a.m.]
