Section 17.208. Official advertising of fictitious names involving individual parties

(a) Proofs of publication may not be submitted with the Form DSCB:54-311 (Application for Registration of Fictitious Name) or another form submitted under this subchapter. In 54 Pa.C.S. § 311(g) (relating to registration) it is provided that an entity which includes an individual party is required to officially publish in the county in which the principal office or place of business of the entity is or, in the case of a proposed entity, is to be located notice of its intention to file or the filing of an application for registration of a fictitious name. The notice may appear prior to or after the day upon which the application is filed in the Department and shall be kept with the permanent records of the business and shall set forth briefly:

(1) The fictitious name.

(2) The address, including street and number, if any, of the principal office or place of business of the business to be carried on under or through the fictitious name.

(3) The names and respective addresses, including street and number, if any, of the persons who are parties to the registration.

(4) A statement that an application for registration of a fictitious name is to be or was filed under 54 Pa.C.S. (relating to names).

(b) For the purposes of subsection (a), the term ‘‘officially publish’’ means publish in two newspapers in the English language in the proper county, one of which shall be the legal newspaper, if any, designated by the rules of court for the publication of legal notices or, if there is no legal newspaper, in two newspapers of general circulation in the county. When there is only one newspaper of general circulation in a county, advertisement in that newspaper is sufficient. The notice shall be published one time in the appropriate newspaper. The terms ‘‘newspaper,’’ ‘‘legal newspaper’’ and ‘‘newspaper of general circulation’’ are defined in 45 Pa.C.S. § 101 (relating to definitions). See § 19.3 (relating to name of commercial registered office provider in lieu of registered address).

(c) In 45 Pa.C.S. § 307 (relating to effect of failure to advertise when required) it is provided that no legal proceeding or the like, in which notice is required to be given by official or legal advertising, will be binding upon an interested person unless the advertising is effected and proof of publication is filed of record in the matter or proceeding. The proofs referred to in this subsection may not be submitted to, and will not be received and filed by, the Department, but shall be kept with the permanent records of the business as provided in subsection (a).

The provisions of this § 17.208 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.

Notation

Cross References

This section cited in 19 Pa. Code § 17.201 (relating to general checklist for registering fictitious names).