Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 15 P.S. Corporations and Unincorporated Associations § 20104. Legislative findings as to acceptance of Constitution of Pennsylvania

Current as of January 01, 2026 | Updated by Findlaw Staff

(a) General rule.--The General Assembly finds and determines as follows for the purpose of section 3B of the act of May 5, 1933 (P.L. 289, No. 105), known as the Nonprofit Corporation Law of 1933,  1 as amended by the act of January 18, 1966 (1965 P.L. 1406, No. 520), section 3B of the act of May 5, 1933 (P.L. 364, No. 106), known as the Business Corporation Law of 1933,  2 as amended by the act of January 18, 1966 (1965 P.L. 1305, No. 519), and sections 3 and 5 of the act of January 18, 1966 (1965 P.L. 1443, No. 521) (referred to collectively in this section as the Registry Acts of 1966);  3

(1) The corporation incorporated by the act of February 24, 1846 (P.L. 56, No. 47) is subject to the Constitution of Pennsylvania by reason of the enactment and acceptance of the act of April 8, 1867 (P.L. 916, No. 836).

(2) The corporation incorporated by the act signed March 27, 1855 (1857 P.L. 729, No. 732) is subject to the Constitution of Pennsylvania by reason of having its charter enrolled under the act of April 16, 1845 (P.L. 532, No. 348) after the enactment of the act of May 3, 1855 (P.L. 423, No. 448).

(3) The Cedar Grove Cemetery Association, incorporated pursuant to the act of April 6, 1791 (3 Sm.L.20, Ch.1536, 14 Stat. 50), referred to as the Corporation Act of 1791, as supplemented by the act of October 13, 1840 (1841 P.L. 1, No. 258), is subject to the Constitution of Pennsylvania by reason of the reserved power contained in the proviso to section 3 of the act of April 6, 1791 (3 Sm.L.20, Ch.1536, 14 Stat. 50).

(4) The corporation incorporated by the act of May 11, 1751 (1 Sm.L. 208, Ch.390, 5 Stat. 128) is subject to the Constitution of Pennsylvania by reason of the acceptance of the benefits of laws passed by the General Assembly after 1873 governing the affairs of corporations, as evidenced by a written acknowledgment of that fact filed by the corporation in the Department of State on December 17, 1981.

(5) As reported by the Department of State, no corporations, other than those mentioned in paragraphs (1) through (4), filed in the Department of State under the Registry Acts of 1966 on or before January 1, 1967, a certificate declining to accept the provisions of the Constitution of Pennsylvania.

(6) All corporations incorporated prior to October 14, 1857, under the authority of the Commonwealth or of the late Proprietaries of the Province of Pennsylvania are now subject to the Constitution of Pennsylvania and the general legislative jurisdiction of the General Assembly.

(b) Proceedings to challenge findings.--Unless a person adversely affected by the findings set forth in subsection (a) commences a declaratory judgment proceeding against the Commonwealth under 42 Pa.C.S. Ch. 75 Subch. C (relating to declaratory judgments)  4 challenging such findings and determinations within one year after the enactment of this act, the findings and determinations shall be final and conclusive.  In any such proceeding, the Commonwealth may assert any proper ground, whether or not specified in this section, in support of the determination that the objecting corporation is subject to the Constitution of Pennsylvania and the general legislative jurisdiction of the General Assembly.

1  15 P.S. § 7003, subsec. B (repealed).
2  15 P.S. § 1003, subsec. B (repealed).
3  15 P.S. §§ 3, 5 (repealed).
4  42 Pa.C.S.A. § 7531 et seq.
Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Pennsylvania Statutes Title 15 P.S. Corporations and Unincorporated Associations § 20104. Legislative findings as to acceptance of Constitution of Pennsylvania - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-15-ps-corporations-and-unincorporated-associations/pa-st-sect-15-20104/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard