Section 17.207. Execution

(a) In 54 Pa.C.S. § 311(d) (relating to registration) it is provided that:

(1) If the application for registration relates to an entity which includes one or more participants which are partnerships or other entities composed of two or more parties, it is not necessary for each ultimate party to be named in and to execute the application. Only the constituent participants are required to be named in the application. A partner or other authorized representative of a participant may execute the application on behalf of the participant.

(2) If the application for registration relates to a trust or similar entity, it is not necessary for each beneficial owner or similar ultimate party to be named in and to execute the application. Only the trustees of the trust or the governing body of the similar entity are required to be named in and to execute the application.

(3) Otherwise, the application for registration is required to be executed by each individual party thereto and, in the case of any other entity, by the entity. As to execution by associations who are participants, see § 13.8(a) (relating to execution).

(4) The application of a party may be executed by the attorney-in-fact of the party. See § 13.8(e).

(b) In 54 Pa.C.S. § 312(b) (relating to amendment) it is provided that Form DSCB:54-312/313 (Application for Amendment, Cancellation or Withdrawal-Fictitious Name) may be executed by doing one of the following:

(1) In the same manner as an original application for registration of a fictitious name, including a party who is thereby withdrawing.

(2) By the agent designated under § 17.206 (relating to agent for effecting amendments) and by an additional party to the registration.

(c) In 54 Pa.C.S. § 313(b) (relating to cancellation or withdrawal) it is provided that Form DSCB:54-312/313 may be executed in the same manner as provided in subsection (b) in the case of an application for amendment of fictitious name registration. Form DSCB:54-312/313 may be executed solely by the withdrawing party in the case of a withdrawal of a fictitious name reservation.

The provisions of this § 17.207 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.