Section 13.8. Execution

(a) Except as otherwise required by statute, a submittal filed by a corporation or other association may be subscribed by an authorized officer of the corporation or other association. The corporate or other association seal may be affixed and attested but the affixation or attestation of the corporate or other association seal is not necessary for the execution of a filing in the Department under the code or under 54 Pa.C.S. (relating to names).

(b) Signatures shall be in black or blue ink.

(c) The Department will not examine a document to determine whether the document has been executed by an authorized person or by sufficient authorized persons or otherwise is duly executed.

(d) A document shall be deemed executed if it contains a facsimile signature if the operative portions of the document meet applicable physical characteristic requirements prescribed under this chapter.

(e) Section 135(b) of the code (relating to requirements to be met by filed documents) provides that a person, other than an incorporator or officer of a corporation, as such, may sign a document by an attorney-in-fact or fiduciary. It is not necessary to present to or file in the Department the original or a copy of a document evidencing the authority of an attorney-in-fact or fiduciary. See 18 Pa.C.S. § § 4904 and 4911 (relating to unsworn falsification to authorities; and tampering with public records or information).

(f) See § 13.9(a) (relating to number of copies) as to optional submission of the original document.

(g) Subsection (a) supplements and partially supersedes 1 Pa. Code § 33.11 (relating to execution).

The provisions of this § 13.8 adopted June 22, 1973, effective June 23, 1973, 3 Pa.B. 1164; amended January 29, 1982, effective January 30, 1982, 12 Pa.B. 471; amended April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993. Immediately preceding text appears at serial pages (146435) to (146436).

Notation

Cross References

This section cited in 19 Pa. Code § 11.11 (relating to requirements to be met by filed documents); 19 Pa. Code § 13.3 (relating to communications and filings generally); and 19 Pa. Code § 17.207 (relating to execution).