Section 17.203. Voluntary and mandatory registration

(a) In 54 Pa.C.S. § 303(a) (relating to scope of chapter), it is provided that one or more entities may elect to register a fictitious name under 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act) for the purpose of establishing a public record of their relationship to a business or other activity carried on under or through the fictitious name.

(b) In 54 Pa.C.S. § 303(b) (relating to mandatory registration) it is provided that:

(1) Except as provided in paragraph (2), an entity which either alone or in combination with another entity conducts business in this Commonwealth under or through a fictitious name is required to register the fictitious name under this subchapter and to amend the registration whenever necessary to maintain the accuracy of the information disclosed thereby.

(2) Paragraph (1) does not apply to:

(i) Nonprofit or professional activities.

(ii) Activities which are expressly or impliedly prohibited by law from being carried on under a fictitious name.

(iii) A limited partnership which is registered in the Department under RULPA or under corresponding provisions of prior law. The preceding sentence does not apply to an entity which includes the limited partnership as a participant unless the entity is itself such a limited partnership.

(iv) Unincorporated association.

(v) Electing partnership existing under Chapter 87 of the code (relating to electing partnerships).

The provisions of this § 17.203 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.

Notation

Cross References

This section cited in 19 Pa. Code § 17.211 (relating to effect of nonregistration on enforceability of contracts).