Section 202.052. Trade or professional association  


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  • (a) For the purpose of section 202(e) of the act (70 P. S. § 1-202(e)), the term ‘‘trade or professional association’’ shall mean an association of persons having some common business or professional interest, the purpose of which is to promote, on behalf of the association’s members generally, such common interest and not to engage in a regular business or profession of a kind ordinarily carried on for profit.

    (b) For example, the activities of a ‘‘trade association,’’ as that term is used in section 202(e) of the act (70 P. S. § 1-202(e)), must be specifically directed to the improvement, on behalf of the association’s members generally, of business conditions of one or more lines of business as distinguished from the performance of particular services for individuals or entities. Similarly, the activities of a ‘‘professional association,’’ as that term is used in section 202(e) of the act (70 P. S. § 1-202(e)), must be specifically directed to the improvement, on behalf of the association’s members generally, of professional conditions of one or more professions as distinguished from the performance of particular services for individuals or entities. Therefore, an association whose purpose is to engage in a regular business of a kind ordinarily carried on for profit, even though the business is conducted on a cooperative basis or produces only sufficient income to be self-sustaining, is not a ‘‘trade or professional association’’ as that term is used in section 202(e) of the act (70 P. S. § 1-202(e)).

The provisions of this § 202.052 adopted August 8, 1975, effective August 9, 1975, 5 Pa.B. 2034; transferred and renumbered from 64 Pa. Code § 202.052, December 14, 2012, effective December 15, 2012, 42 Pa.B. 7533. Immediately preceding text appears at serial page (297465).