Section 17.1. General standards

(a) An association name may be in any language, but shall be expressed in Roman letters or characters or Arabic or Roman numerals. As to the use of ‘‘Inc.’’ or an equivalent corporate designator, see the discussion in this subpart under the applicable type of association.

(b) Except as otherwise provided by statute, a new association may not be incorporated or otherwise organized or qualified with a name which is the same as or confusingly similar to, and no existing association may change its name to a name which is the same as or confusingly similar to, the name of an association whose name is currently registered under 54 Pa.C.S. § 501 (relating to register established).

(c) The register established under 54 Pa.C.S. § 501 consists of the following names, as long as the registration has not been terminated under 54 Pa.C.S. § 504 or § 506 (relating to effect of failure to make decennial filings; and voluntary termination of registration by corporations and other associations):

(1) A name registered prior to February 13, 1973 under the act of May 16, 1923 (P. L. 246, No. 160) (Repealed), relating to registration of certain names.

(2) A name registered under 54 Pa.C.S. § 502 (relating to certain additions to register). The names of those limited partnerships which have effected any of the following filings in the Department are deemed registered under 54 Pa.C.S. § 502(b) by reason of having effected the filing, as long as the partnership has not filed a certificate of cancellation, in the case of a domestic partnership, or a certificate of cancellation of registration, in the case of a foreign partnership:

(i) A certificate of limited partnership. See 54 Pa.C.S. § 8585 (relating to name).

(ii) A certificate of summary of record. See section 8519 of the RULPA (relating to filing of certificate of summary of record by limited partnerships formed prior to 1976).

(iii) An application for registration as a foreign limited partnership. See 54 Pa.C.S. (relating to name).

(3) In the case of a domestic or qualified foreign corporation, a name rendered unavailable for corporate use by other corporations by reason of a filing in the Department by the domestic or qualified foreign corporation, as long as so rendered unavailable. See 54 Pa.C.S. § 502(b).

(4) A name registered under section 4131 of the BCL (relating to registration of name) and section 6131 of the NPCL (relating to registration of name) or a similar provision of law, as long as so registered. See 54 Pa.C.S. § 502(b).

(5) In the case of a business trust which exists subject to Chapter 95 of the code (relating to business trusts), the name of the trust as set forth in instrument filed in the Department under section 9503 of the code (relating to documentation of trust).

(d) A name is not rendered unavailable for association use by reason of registration under 54 Pa.C.S. Chapter 3 (relating to fictitious names). See 54 Pa.C.S. § § 311(a)(6) and 332 (relating to registration; and effect of registration).

The provisions of this § 17.1 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 (109841) to (109842).

Notation

Cross References

This section cited in 19 Pa. Code § 17.101 (relating to registration of names of certain domestic associations); and 19 Pa. Code § 17.204 (relating to general restrictions on name availability).