Section 13.3. Communications and filings generally

(a) Communications and filings should be addressed as follows:

Corporation Bureau
Department of State
Room 308 North Office Building
Harrisburg, Pennsylvania 17120-0029

(b) Communications should be accompanied by the following:

(1) A letter of transmittal briefly summarizing the nature of the submittal or request.

(2) The fee or other information relating to the payment of fees and charges required by Chapter 3 (relating to fees and charges).

(3) An ancillary document required by statute, such as consent to use of name, evidence of reservation of name, requisite approvals by regulatory authorities, tax clearance certificates, and the like. In general, these items are identified in the official instructions to the appropriate form. See § 1.3 (relating to official forms).

(c) A submittal, that is, a filing, except pleadings in formal proceedings relating to marks and insignia subject to 1 Pa. Code Chapter 35 (relating to formal proceedings), shall comply with this subpart as to size, shape and other physical characteristics. Pleadings in formal proceedings relating to marks and insignia shall comply with 1 Pa. Code Chapter 35 and applicable provisions of 1 Pa. Code Chapter 33 (relating to documentary filings).

(d) The Corporation Bureau will accept for filing a document transmitted by facsimile subject to the following conditions:

(1) A document may be transmitted to a facsimile receiver located in the Corporation Bureau subject to the availability of equipment. During end-of-year and other peak traffic periods, a submitter should make arrangements to transmit to nongovernmental receivers in the Harrisburg, Pennsylvania area, followed by physical delivery of the faxed documents to the Corporation Bureau.

(2) See § 13.8 (relating to execution).

(3) The filing fee for a document transmitted to a facsimile receiver located in the Corporation Bureau shall be charged to a deposit account or shall otherwise be paid in a manner permitted by Chapter 3 Subchapter B (relating to method of payment).

(4) In all other respects, a filing effected by means of facsimile shall be governed by the applicable provisions of this chapter.

(5) The Corporation Bureau may, pursuant to a request by the filer, return a document by a facsimile transmission. The Corporation Bureau may transmit a document to a filer by facsimile machine if the filer has requested this service and has paid the additional facsimile fee. See § 3.26 (relating to facsimile fee).

(e) The Corporation Bureau will accept requests for services offered by the Department transmitted by facsimile subject to the following conditions:

(1) A request for services may be transmitted to facsimile receivers located in the Corporation Bureau subject to the availability of equipment. During the end-of-year and other peak traffic periods, a submitter should make arrangements to transmit to nongovernmental receivers in the Harrisburg area, followed by physical delivery of the request to the Corporation Bureau.

(2) Services rendered by the Corporation Bureau may be transmitted by facsimile. The services shall be transmitted by facsimile if the requestor has made a request subject to the facsimile transmission fee provided for under § 3.26.

(f) The provisions of subsections (a)—(e) supplement and partially supersede 1 Pa. Code § 31.5 (relating to communications and filings generally).

The provisions of this § 13.3 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial page (54456).