Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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231 Pa. Code Rule 2.1. Form of Account.

Rule 2.1. Form of Account.

 (a)  Except where otherwise provided by an order of the court in a particular matter, Accounts shall be prepared and filed with the clerk in conformity with the form of the Model Accounts set forth in the Appendix or in conformity with any other form adopted by the Supreme Court subsequent to the date of adoption of these Rules.

 (b)  As illustrated in the Model Accounts, Accounts shall conform to the following rules:

   (1)  The dates of all receipts, disbursements and distributions, the sources of the receipts, and the persons to whom disbursements and distributions are made and the purpose thereof shall be stated. When a number of payments have been received from the same source or disbursed or distributed to the same recipient for the same purpose over a period of time, such receipts, disbursements or distributions need not be itemized, but may be stated in total amounts only, with beginning and ending dates within the period covered.

   (2)  Except where otherwise provided by an order of the court in a particular matter, principal and income shall be accounted for separately within the Account.

   (3)  Assets held by the accountant on the closing date of the Account shall be separately itemized.

   (4)  Every Account shall contain:

     (i)   a cover page;

     (ii)   a summary page with page references;

     (iii)   separate schedules, as needed, which set forth receipts, gains or losses on sales or other dispositions, disbursements, distributions, investments made, changes in holdings, and other schedules as appropriate; and

     (iv)   signature pages signed by all the accountants stating the Account and verified by at least one of the accountants. The verification of a personal representative’s Account shall contain a statement that the Grant of Letters and the first complete advertisement thereof occurred more than four months before the filing of the Account, unless the personal representative has been directed by the court to file an Account prior to that time.

 (c)  The Uniform Fiduciary Accounting Principles with accompanying commentaries and illustrations, recommended by the Committee on National Fiduciary Accounting Standards in collaboration with the National Center for State Courts, shall serve as an elaboration of the requirements of this Rule.

 (d)  When a non-profit corporation incorporated for charitable purposes or a cemetery company is required to file an Account, such corporation or company may file its financial statements for its three most recent fiscal years in lieu of filing an Account in the form required by this Rule. Financial statements shall be verified to be true and correct by a representative of the non-profit corporation or cemetery company.

   (1)  The court may require the corporation or company to submit its financial information in some other form or for some longer period.

   (2)  The court may require more or less financial information as it deems appropriate, including some or all of the following:

     (i)   the statute or other authority under which the corporation or company was incorporated and the date of its incorporation;

     (ii)   the names and addresses of the trustees or directors of the corporation or company;

     (iii)   a concise statement of the general purpose of the corporation or company; and

     (iv)   a copy of the corporation’s or company’s charter or articles of incorporation and bylaws.

   Note

   Rule 2.1 is substantively similar to former Rule 6.1 and Rule 12.15, except that certain subparagraphs have been reordered and Rule 12.15 and its Official Note have become subparagraph (d).

   The filings required by this rule are subject to the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania. See Rule 1.99.

   Explanatory Comment

   Piggy-backed Accounts and limited Accounts are permitted pursuant to 20 Pa.C.S. § §  762, 3501.2, and 7799.1.

Source

   The provisions of this Rule 2.1 amended January 5, 2018, effective January 6, 2018, 48 Pa.B. 483; amended June 1, 2018, effective July 1, 2018, 48 Pa.B. 3573; amended October 31, 2019, effective January 1, 2020, 49 Pa.B. 6804. Immediately preceding text appears at serial pages (382100) and (392675).



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