Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 4250 (July 31, 2021).

22 Pa. Code § 40.4. Applicability.

§ 40.4. Applicability.

 (a)  An institution or chartering group applying for approval as an independent nonprofit junior college, college, professional school or university shall meet the applicable requirements of 15 Pa.C.S. Part III (relating to corporations not-for-profit) and sections 211, 312 and 902(4) of the Nonprofit Corporation Law (15 P. S. § §  7211, 7312 and 7902(4)) and other applicable statutes.

 (b)  A foreign corporation applying for approval to operate in this Commonwealth shall be in compliance with provisions of this subpart which are applicable to an independent junior college, college, professional school or university and with Chapter 36 (relating to foreign corporation standards).

 (c)  A nonprofit institution of postsecondary education applying for State System, State-related or State-aided status shall:

   (1)  Be legally authorized to grant degrees in this Commonwealth.

   (2)  Justify the need for specified higher education services to be offered in the public interest of the Commonwealth by the status.


   The provisions of this §  40.4 amended under sections 1317 and 1319 of The Administrative Code of 1929 (71 P. S. § §  367 and 369); sections 5 and 9 of the Indiana University of Pennsylvania Act (24 P. S. § §  2510-105 and 2510-109); and sections 2002-A and 2421 of the Public School Code of 1949 (24 P. S. § §  20-2002-A and 24-2421).


   The provisions of this §  40.4 adopted April 30, 1982, effective May 1, 1982, 12 Pa.B. 1389; amended May 16, 1986, effective May 17, 1986, 16 Pa.B. 1724. Immediately preceding text appears at serial page (69413).

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