§ 19.3. Name of commercial registered office provider in lieu of registered address.
(a) In section 109 of the code (relating to name of commercial registered office provider in lieu of registered address) it is provided that where a provision of the code, but not 54 Pa.C.S. (relating to names), authorizes or requires the inclusion of a registered office address in a document filed in the Department, the person filing the document may substitute in lieu thereof the term ‘‘c/o’’ followed by:
(1) The name of an association or a division thereof that has filed in the Department, and not withdrawn, a written statement of the address of its commercial registered office.
(2) The name of a county of this Commonwealth and a statement that the registered office of the association represented shall be deemed for venue and official publication purposes to be located in the county so named. For venue and official publication purposes, the county so named controls over the address contained in the currently applicable statement.
(b) A representing association that has effected a filing in the Department may:
(1) Amend the filing by filing in the Department a superseding statement in writing setting forth the address of the commercial registered office.
(2) Withdraw its filing and cease to provide registered office service by filing in the Department a statement withdrawing as a commercial registered office provider.
(c) If the status of an agent as a provider of a registered office is terminated by the filing, the location of the registered office of the association represented is not affected, but the person formerly in care of the office thereafter does not have responsibility with respect to matters tendered to the office in the name of the association represented. A plaintiff should make service of process on the actual principal place of business of the association represented, wherever situated, in order to minimize the risk of due process defects in the validity of a resulting judgment. As a result of changes in the law effected by the Judiciary Act Repealer Act (JARA), act of April 28, 1978 (P. L. 202, No. 53), the Department no longer receives or forwards service of process with respect to actions, proceedings or appeals against or affecting associations and other persons.
(d) It is not necessary for an association represented to take action in connection with a change or withdrawal effected as described in this section, but the representing association is required to promptly furnish each affected association represented with a copy of the statement as filed in the Department.
Source The provisions of this § 19.3 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.
Cross References This section cited in 19 Pa. Code § 17.208 (relating to official advertising of fictitious names involving individual parties).
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