SUBCHAPTER D DEFINITIVE AND CONTINGENT DOMESTICATION OF ALIEN ASSOCIATIONS Sec. 161. Domestication of certain alien associations. 162. Contingent domestication of certain alien associations. Enactment. Subchapter D was added as Subchapter C December 21, 1988, P.L.1444, No.177, effective October 1, 1989, and was relettered to Subchapter D December 19, 1990, P.L.834, No.198, effective immediately. Subchapter Heading. The heading of Subchapter D was amended December 19, 1990, P.L.834, No.198, effective immediately. § 161. Domestication of certain alien associations.(a) General rule.--Except as restricted by subsection (e), any association as defined in subsection (f) may become a domestic association by filing in the Department of State a statement of domestication. (b) Statement of domestication.--The statement of domestication shall be executed by the association and shall set forth in the English language: (1) The name of the association. If the name is in a foreign language, it shall be set forth in Roman letters or characters or Arabic or Roman numerals. If the name is one that is rendered unavailable for use by a corporation by any provision of section 1303(b) or (c) (relating to corporate name), the association shall adopt a new name, in accordance with any procedures for changing the name of the association that are applicable prior to the domestication of the association, and shall set forth the new name in the statement. (2) The name of the jurisdiction under the laws of which and the date on which it was first formed, incorporated or otherwise came into being. (3) The name of the jurisdiction that constituted the seat, siege social or principal place of business or control administration of the association, or any equivalent under applicable law, immediately prior to the filing of the statement. (4) A statement of the type of domestic association that the association will be upon domestication. (5) A statement that the filing of the statement of domestication and, if desired, the renunciation of the prior domicile has been authorized (unless its charter or other organic documents require a greater vote) by a majority in interest of the shareholders, members or other proprietors of the association. (6) If the association will be a type of domestic association that is created by a filing in the department, such other provisions as are required to be included in an initial filing to create that type of domestic association, except that it shall not be necessary to set forth the name of the person organizing the association. (7) Any other provision that the association may choose to insert unless this title prohibits the inclusion of such a provision in a filing that creates the type of domestic association that the association will be upon domestication. (c) Execution.--The statement shall be signed on behalf of the association by any authorized person. (d) Effect of domestication.--Upon the filing of the statement of domestication, the association shall be domesticated in this Commonwealth and the association shall thereafter be subject to any applicable provisions of this title and any other provisions of law applicable to associations existing under the laws of this Commonwealth. If the association will be a type of domestic association that is created by a filing in the department, the statement of domestication shall constitute that filing. The domestication of any association in this Commonwealth pursuant to this section shall not be deemed to affect any obligations or liabilities of the association incurred prior to its domestication. (e) Exclusion.--An association that can be domesticated under any of the following sections shall not be domesticated under this section: Section 4161 (relating to domestication). Section 6161 (relating to domestication). Section 8590 (relating to domestication). Section 8982 (relating to domestication). Section 9501(a)(1)(ii) (relating to application and effect of chapter). (f) Definition.--As used in this section, the term "association," except as restricted by subsection (e), includes any alien incorporated organization, private law corporation (whether or not organized for business purposes), public law corporation, partnership, proprietorship, joint venture, foundation, trust, association or similar organization or entity existing under the laws of any jurisdiction other than this Commonwealth. (g) Cross references.--See sections 134 (relating to docketing statement) and 135 (relating to requirements to be met by filed documents). (Dec. 19, 1990, P.L.834, No.198, eff. imd.; June 22, 2001, P.L.418, No.34, eff. 60 days) 2001 Amendment. Act 34 amended subsecs. (b), (d), (e), (f) and (g) and carried without amendment subsec. (c). 1990 Amendment. Act 198 renumbered section 151 to section 161 and amended the section heading and subsecs. (e) and (f). Cross References. Section 161 is referred to in section 162 of this title.
SUBCHAPTER D DEFINITIVE AND CONTINGENT DOMESTICATION OF ALIEN ASSOCIATIONS Sec. 161. Domestication of certain alien associations. 162. Contingent domestication of certain alien associations. Enactment. Subchapter D was added as Subchapter C December 21, 1988, P.L.1444, No.177, effective October 1, 1989, and was relettered to Subchapter D December 19, 1990, P.L.834, No.198, effective immediately. Subchapter Heading. The heading of Subchapter D was amended December 19, 1990, P.L.834, No.198, effective immediately. § 161. Domestication of certain alien associations.(a) General rule.--Except as restricted by subsection (e), any association as defined in subsection (f) may become a domestic association by filing in the Department of State a statement of domestication. (b) Statement of domestication.--The statement of domestication shall be executed by the association and shall set forth in the English language: (1) The name of the association. If the name is in a foreign language, it shall be set forth in Roman letters or characters or Arabic or Roman numerals. If the name is one that is rendered unavailable for use by a corporation by any provision of section 1303(b) or (c) (relating to corporate name), the association shall adopt a new name, in accordance with any procedures for changing the name of the association that are applicable prior to the domestication of the association, and shall set forth the new name in the statement. (2) The name of the jurisdiction under the laws of which and the date on which it was first formed, incorporated or otherwise came into being. (3) The name of the jurisdiction that constituted the seat, siege social or principal place of business or control administration of the association, or any equivalent under applicable law, immediately prior to the filing of the statement. (4) A statement of the type of domestic association that the association will be upon domestication. (5) A statement that the filing of the statement of domestication and, if desired, the renunciation of the prior domicile has been authorized (unless its charter or other organic documents require a greater vote) by a majority in interest of the shareholders, members or other proprietors of the association. (6) If the association will be a type of domestic association that is created by a filing in the department, such other provisions as are required to be included in an initial filing to create that type of domestic association, except that it shall not be necessary to set forth the name of the person organizing the association. (7) Any other provision that the association may choose to insert unless this title prohibits the inclusion of such a provision in a filing that creates the type of domestic association that the association will be upon domestication. (c) Execution.--The statement shall be signed on behalf of the association by any authorized person. (d) Effect of domestication.--Upon the filing of the statement of domestication, the association shall be domesticated in this Commonwealth and the association shall thereafter be subject to any applicable provisions of this title and any other provisions of law applicable to associations existing under the laws of this Commonwealth. If the association will be a type of domestic association that is created by a filing in the department, the statement of domestication shall constitute that filing. The domestication of any association in this Commonwealth pursuant to this section shall not be deemed to affect any obligations or liabilities of the association incurred prior to its domestication. (e) Exclusion.--An association that can be domesticated under any of the following sections shall not be domesticated under this section: Section 4161 (relating to domestication). Section 6161 (relating to domestication). Section 8590 (relating to domestication). Section 8982 (relating to domestication). Section 9501(a)(1)(ii) (relating to application and effect of chapter). (f) Definition.--As used in this section, the term "association," except as restricted by subsection (e), includes any alien incorporated organization, private law corporation (whether or not organized for business purposes), public law corporation, partnership, proprietorship, joint venture, foundation, trust, association or similar organization or entity existing under the laws of any jurisdiction other than this Commonwealth. (g) Cross references.--See sections 134 (relating to docketing statement) and 135 (relating to requirements to be met by filed documents). (Dec. 19, 1990, P.L.834, No.198, eff. imd.; June 22, 2001, P.L.418, No.34, eff. 60 days) 2001 Amendment. Act 34 amended subsecs. (b), (d), (e), (f) and (g) and carried without amendment subsec. (c). 1990 Amendment. Act 198 renumbered section 151 to section 161 and amended the section heading and subsecs. (e) and (f). Cross References. Section 161 is referred to in section 162 of this title.
SUBCHAPTER D DEFINITIVE AND CONTINGENT DOMESTICATION OF ALIEN ASSOCIATIONS Sec. 161. Domestication of certain alien associations. 162. Contingent domestication of certain alien associations. Enactment. Subchapter D was added as Subchapter C December 21, 1988, P.L.1444, No.177, effective October 1, 1989, and was relettered to Subchapter D December 19, 1990, P.L.834, No.198, effective immediately. Subchapter Heading. The heading of Subchapter D was amended December 19, 1990, P.L.834, No.198, effective immediately. § 161. Domestication of certain alien associations.(a) General rule.--Except as restricted by subsection (e), any association as defined in subsection (f) may become a domestic association by filing in the Department of State a statement of domestication. (b) Statement of domestication.--The statement of domestication shall be executed by the association and shall set forth in the English language: (1) The name of the association. If the name is in a foreign language, it shall be set forth in Roman letters or characters or Arabic or Roman numerals. If the name is one that is rendered unavailable for use by a corporation by any provision of section 1303(b) or (c) (relating to corporate name), the association shall adopt a new name, in accordance with any procedures for changing the name of the association that are applicable prior to the domestication of the association, and shall set forth the new name in the statement. (2) The name of the jurisdiction under the laws of which and the date on which it was first formed, incorporated or otherwise came into being. (3) The name of the jurisdiction that constituted the seat, siege social or principal place of business or control administration of the association, or any equivalent under applicable law, immediately prior to the filing of the statement. (4) A statement of the type of domestic association that the association will be upon domestication. (5) A statement that the filing of the statement of domestication and, if desired, the renunciation of the prior domicile has been authorized (unless its charter or other organic documents require a greater vote) by a majority in interest of the shareholders, members or other proprietors of the association. (6) If the association will be a type of domestic association that is created by a filing in the department, such other provisions as are required to be included in an initial filing to create that type of domestic association, except that it shall not be necessary to set forth the name of the person organizing the association. (7) Any other provision that the association may choose to insert unless this title prohibits the inclusion of such a provision in a filing that creates the type of domestic association that the association will be upon domestication. (c) Execution.--The statement shall be signed on behalf of the association by any authorized person. (d) Effect of domestication.--Upon the filing of the statement of domestication, the association shall be domesticated in this Commonwealth and the association shall thereafter be subject to any applicable provisions of this title and any other provisions of law applicable to associations existing under the laws of this Commonwealth. If the association will be a type of domestic association that is created by a filing in the department, the statement of domestication shall constitute that filing. The domestication of any association in this Commonwealth pursuant to this section shall not be deemed to affect any obligations or liabilities of the association incurred prior to its domestication. (e) Exclusion.--An association that can be domesticated under any of the following sections shall not be domesticated under this section: Section 4161 (relating to domestication). Section 6161 (relating to domestication). Section 8590 (relating to domestication). Section 8982 (relating to domestication). Section 9501(a)(1)(ii) (relating to application and effect of chapter). (f) Definition.--As used in this section, the term "association," except as restricted by subsection (e), includes any alien incorporated organization, private law corporation (whether or not organized for business purposes), public law corporation, partnership, proprietorship, joint venture, foundation, trust, association or similar organization or entity existing under the laws of any jurisdiction other than this Commonwealth. (g) Cross references.--See sections 134 (relating to docketing statement) and 135 (relating to requirements to be met by filed documents). (Dec. 19, 1990, P.L.834, No.198, eff. imd.; June 22, 2001, P.L.418, No.34, eff. 60 days) 2001 Amendment. Act 34 amended subsecs. (b), (d), (e), (f) and (g) and carried without amendment subsec. (c). 1990 Amendment. Act 198 renumbered section 151 to section 161 and amended the section heading and subsecs. (e) and (f). Cross References. Section 161 is referred to in section 162 of this title.
