Section 13.14. Governmental approvals

The following governmental approvals are required as a condition precedent to effecting the related filing in the Department (see § 11.11(a)(9) (relating to requirements to be met by filed documents)):

(1) Banking Code of 1965. Under sections 1005, 1504, 1603, 1703, 1802, 1804 and 1806 of the Banking Code of 1965 (7 P. S. § § 1005, 1504, 1603, 1703, 1802, 1804 and 1806), articles of incorporation, amendment, merger or consolidation, conversion from Federal charter or dissolution or a certificate of election to dissolve are filed initially with the Department of Banking and not the Department of State. Under section 1709 of the Banking Code of 1965 (7 P. S. § 1709), the documents evidencing a conversion into a National bank are filed directly in the Department of State at the same time they are filed with the Department of Banking.

(2) Credit Union Code. Under sections 304, 903, 1102, 1105(b) and 1301 of the Credit Union Law, articles of incorporation, amendment, conversion from Federal charter, merger or consolidation or certificate of election to dissolve voluntarily, are filed initially with the Department of Banking and not the Department of State. Under section 1101 of the Credit Union Law (relating to conversion into Federal credit union), the charter of a Federal credit union resulting from a conversion is filed directly in the Department of State.

(3) Fraternal Benefit Society Code. Under sections 202, 214, 215, 219 and 604 of the Fraternal Benefit Society Code (40 P. S. § § 1141-202, 1141-214, 1141-215, 1141-219 and 1141-604), a document relating to the incorporation, merger or consolidation, amendment of articles of incorporation, conversion into a mutual life insurance company or dissolution are filed initially with the Insurance Department and not the Department of State.

(4) Savings Association Code. Under sections 206, 1003, 1106, 1201, 1203 and 1205 of the Savings Association Code of 1967 (7 P. S. § § 6020-26, 6020-173, 6020-186, 6020-201, 6020-203 and 6020-205), articles of incorporation, amendment, merger or consolidation, conversion from Federal charter or domestic savings bank or dissolution or a certificate of election to dissolve are filed initially with the Department of Banking and not the Department of State. Under section 1104 of the Banking Code (7 P. S. § 1104), the documents evidencing a merger or conversion into a Federal savings and loan association are filed directly in the Department of State at the same time they are filed with the Department of Banking.

(5) Names. See the following:

(i) Section 17.6 (relating to banking names).

(ii) Section 17.8 (relating to educational names).

(iii) Section 17.9 (relating to professional names).

(iv) Section 17.10 (relating to insurance names).

The provisions of this § 13.14 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); and 19 Pa. Code § 11.16 (relating to summary judicial review of rejection of documents not involving examination of mark or insignia).