DEPARTMENT OF STATE
Bureau of Corporations and Charitable Organizations; Official Forms
[49 Pa.B. 688]
[Saturday, February 9, 2019]
The Department of State (Department), Bureau of Corporations and Charitable Organizations (Bureau) proposes to amend 19 Pa. Code Appendix C (relating to official forms), to read as set forth in Annex A.
A. Effective Date
The proposed form will be effective upon final-form publication in the Pennsylvania Bulletin.
B. Statutory Authority
The Department has the authority to promulgate Bureau sample forms and instructions under 15 Pa.C.S. § 133 (relating to powers of Department of State). Section 133(a)(1) of 15 Pa.C.S. specifies that sample filing forms shall not be agency regulations and are therefore explicitly excluded from the requirements of section 612 of The Administrative Code of 1929 (71 P.S. § 232) and review under the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506) and the Regulatory Review Act (71 P.S. §§ 745.1—745.14). Section 133(a)(1) of 15 Pa.C.S. does, however, require that the forms and instructions be subject to the opportunity for public comment under section 201 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. § 1201), known as the Commonwealth Documents Law (CDL).
C. Description of Proposed Revisions
This proposal revises one of the existing forms and instructions promulgated by the Department and currently published in the Pennsylvania Code.
Form DSCB: 15-8221/8998 (Certificate of Annual Registration)
This form is updated every 3 years to reflect the change in base annual registration fees payable by limited liability partnerships, limited liability limited partnerships and restricted professional companies in accordance with 15 Pa.C.S. § 8221(b) and § 8998(b) (relating to annual registration). Fee increases have taken place on December 31, 1997; December 31, 2000; December 31, 2003; December 31, 2006; December 31, 2009; December 31, 2012; December 31, 2015; and most recently on December 31, 2018.
The previously-referenced form and instructions, which are currently published in 19 Pa. Code Appendix C, are being deleted and replaced with the revised form set forth in Annex A. Even though Rule 2.12(a) of the Pennsylvania Code and Bulletin Style Manual recommends that forms be referenced in regulations rather than adopted in regulations, 15 Pa.C.S. § 133 requires that the forms and instructions be published in the Pennsylvania Code.
D. Fiscal Impact
Although this proposal would have no measurable fiscal impact upon the Commonwealth, its political subdivisions or the private sector, a formal fiscal analysis was not conducted because this form is exempt from the requirements of section 612 of The Administrative Code of 1929.
E. Paperwork Requirements
This proposal would not create new paperwork.
F. Regulatory Review
Under 15 Pa.C.S. § 133(a), sample forms are exempt from the requirements of the Regulatory Review Act but shall be subject to the opportunity of public comment requirement under section 201 of the CDL.
G. Public Comment
Under 15 Pa.C.S. § 133(a)(1), which requires that publication of Bureau forms be subject to the opportunity for public comment, the Department invites interested persons to submit written comments, suggestions or objections regarding this proposal to Martha H. Brown, Assistant Counsel, Department of State, 306 North Office Building, Harrisburg, PA 17120 within 30 days following publication of this notice in the Pennsylvania Bulletin. Reference ''Bureau of Corporations and Charitable Organizations—Official Forms'' when submitting comments.
[Pa.B. Doc. No. 19-193. Filed for public inspection February 8, 2019, 9:00 a.m.]
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