136 - Processing of documents by Department of State.
§ 136. Processing of documents by Department of State. (a) Filing of documents.--If a document conforms to section 135 (relating to requirements to be met by filed documents) the Department of State shall forthwith file the document, certify that the document has been filed by endorsing upon the document the fact and date of filing, make and retain a copy thereof and return the document or a copy thereof so endorsed to or upon the order of the person who delivered the document to the department. (b) Immediate certified copy.-- (1) If a duplicate copy, which may be either a signed or conformed copy, of any articles or other document authorized or required by this title to be filed in the department is delivered to the department with the original signed document, the department shall compare the duplicate copy with the original signed document and, if it finds that they are identical, shall certify the duplicate copy by making upon it the same endorsement that is required to appear upon the original, together with a further endorsement that the duplicate copy is a true copy of the original signed document, and return the duplicate copy to the person who delivered it to the department. (2) If the duplicate copy is delivered by hand to the office of the department at the seat of government at least four hours before the close of business on any day not a holiday and relates to a matter other than a label or other mark requiring examination under Title 54 (relating to names) or the reservation or registration of a name under this title and, in the case of a document that creates a new association, effects or reflects a change in name or qualifies a foreign association to do business in this Commonwealth, if the duplicate copy is accompanied by evidence that the proposed name has been reserved or registered by or on behalf of the applicant, the department before the close of business on that day shall either: (i) Certify the duplicate copy as required by this subsection and make such certified copy available at the office of the department to or upon the order of the person who delivered it to the department. (ii) Make available at the office of the department to or upon the order of the person who delivered it to the department a brief statement in writing of the reasons of the department for refusing to certify such duplicate copy. See section 153(a)(10) (relating to certification fees). (3) In lieu of comparing the duplicate copy with the original signed document as provided in paragraphs (1) and (2), the department may make a copy of the original signed document at the cost of the person who delivered it to the department. (c) Effective date.--Except as otherwise provided in this title, a document shall become effective upon the filing thereof in the department. (d) Copies.--The department may make a copy, on microfilm or otherwise, of any document filed in, with or by it pursuant to this title, or any statute hereby supplied or repealed, and thereafter destroy the document or return it to or upon the order of the person who delivered the document to the department. (Dec. 19, 1990, P.L.834, No.198, eff. imd.; Dec. 18, 1992, P.L.1333, No.169, eff. 60 days) 1992 Amendment. Act 169 amended subsec. (b)(2), retroactive to December 19, 1990. 1990 Amendment. Act 198 amended subsecs. (a) and (b). Reference in Text. Section 153(a)(10), referred to in subsec. (b), is repealed. Cross References. Section 136 is referred to in sections 137, 1104, 5104, 8518 of this title.