Section 11.4. Subordination of code to regulatory laws

(a) Section 103(a) of the code (relating to subordination of title to regulatory laws) provides that the code is not intended to authorize a corporation or other association to do an act prohibited by a statute regulating the business of the association or by a rule or regulation validly promulgated thereunder by a department, board or commission of the Commonwealth, and that except as otherwise provided by the statutes and rules and regulations promulgated thereunder applicable to the business of the association, the issuance by the Department of a certificate evidencing the incorporation of a corporation or the filing of an instrument with respect to or the qualification of an association under the code or an amendment to its articles or other change in its status or other action under the code will not be effective to exempt the association from the requirements of those statutes or rules and regulations.

(b) Section 103(b) of the code provides that a document filed in the Department or a bylaw adopted or other corporate or other action taken under the authority of the code or other action pursuant thereto in violation of a statute or rule or regulation regulating the business of the association shall be ineffective as against the Commonwealth, including the departments, boards and commissions thereof, until the violation is cured.

(c) Section 103(c) of the code provides that, if and to the extent that a statute regulating the business of a corporation or other association sets forth provisions relating to the government and regulation of the affairs of associations that are inconsistent with the code on the same subject, the provisions of the other statute control.

The provisions of this § 11.4 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.

Notation

Cross References

This section cited in 19 Pa. Code § 11.11 (relating to requirements to be met by filed documents).