§ 5547. Authority to take and hold trust property.
(a) General rule.--Every nonprofit corporation incorporated for a charitable purpose or purposes may
take, receive and hold such real and personal property as may be given, devised to,
or otherwise vested in such corporation, in trust, for the purpose or purposes set
forth in its articles. The board of directors or other body of the corporation shall,
as trustees of such property, be held to the same degree of responsibility and accountability
as if not incorporated, unless a less degree or a particular degree of responsibility
and accountability is prescribed in the trust instrument, or unless the board of directors
or such other body remain under the control of the members of the corporation or third
persons who retain the right to direct, and do direct, the actions of the board or
other body as to the use of the trust property from time to time.
(b) Nondiversion of certain property.--Property committed to charitable purposes shall not, by any proceeding under Chapter
3 (relating to entity transactions) or 59 (relating to amendments, sale of assets
and dissolution) or otherwise, be diverted from the objects to which it was donated,
granted or devised, unless and until the board of directors or other body obtains
from the court an order under 20 Pa.C.S. Ch. 77 (relating to trusts) specifying the
disposition of the property.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Oct. 27, 2010, P.L.837, No.85,
eff. 60 days; July 9, 2013, P.L.476, No.67, eff. 60 days; Nov. 3, 2022, P.L.1791,
No.122, eff. 60 days)
2022 Amendment. Act 122 amended subsec. (b).
Cross References. Section 5547 is referred to in sections 202, 5548, 5548.1, 5549, 5746, 5916, 5930,
5976, 5989 of this title.
Notes of Decisions
Com. of Pa. v. New Foundations, Inc., 182 A.3d 1059 (Pa. Commw. Ct. 2018).
· cites it 7× “The one that is at issue here is 15 Pa.C.S. § 5547(a) (emphasis added), which provides: Every nonprofit corporation incorporated for a charitable purpose or purposes may take, receive and hold such real and personal property as may be given, devised to , or otherwise vested in…”
In Re Church of St. James the Less, 833 A.2d 319 (Pa. Commw. Ct. 2003).
· cites it 6× “*326 The merger was further invalid under 15 Pa.C.S. § 5547, which requires Orphans' Court approval.”
Commonwealth v. UPMC, Appeal of: UPMC, 129 A.3d 441 (Pa. 2015).
“Moreover, he deemed such action to be consistent with provisions of the Non-Profit Corporation Law, which place upon the director of such corporations the duties of a trustee as if the charity was not incorporated, 15 Pa.C.S. § 5547(a), and which allow the removal of directors…”
In Re Est. of Elkins, 888 A.2d 815 (Pa. Super. Ct. 2005).
· cites it 3× “¶ 18 Based upon the interplay between the Nonprofit Corporation Act and the Probate, Estates and Fiduciaries Code, it is apparent that the Philadelphia Court’s decrees were directing that PHEC had control over the charitable assets that were formerly held by Hahnemann Hospital…”
Williams Twp. Bd. of Supervisors v. Williams Twp. Emergency Co., 986 A.2d 914 (Pa. Commw. Ct. 2009).
“constructive trust where the Township never requested such relief and the pleadings do not support the trial court’s grant of that form of relief; (2) whether the record lacks evidentiary support for the trial court’s grant of a constructive trust as a form of relief; and (3)…”
In Re First Baptist Church of Spring Mill, 22 A.3d 1091 (Pa. Commw. Ct. 2011).
“1 Under Section 5547(b) of the Nonprofit Corporation Law, as amended, 15 Pa.C.S. § 5547(b), a “[property committed to charitable purposes shall not .”
In Re Bankr. Appeal of Allegheny Health, Educ. & Rsch. Found., 252 B.R. 309 (W.D. Pa. 1999).
“Count One relies on section 5547(b) of the Non-Profit Corporation Law, 15 Pa.C.S. § 5547(b) directing that property shall not be diverted from charitable purposes for which it was donated, granted or devised unless and until the board of directors of the charitable corporation…”
Maillie v. Greater Delaware Valley Health Care, Inc., 628 A.2d 528 (Pa. Commw. Ct. 1993).
“15 Pa.C.S. § 5547(b). 5 The court ultimately held that “the defendants” (without distinguishing between the three separate groups) were unjustly enriched by breaching a fiduciary duty when “they” converted and took the assets of the corporation for their personal use.”
In re United Presbyterian Women's Ass'n of North Am., 30 Pa. D. & C.4th 217 (1996).
“Section 5547 of the Nonprofit Corporation Law, 15 Pa.C.S. §5547, prohibits the diversion of the property from the purposes to which it has been committed, so long as that purpose remains possible.”
— 15 Pa. Cons. Stat. § 5547(a) — 9 cases
Com. of Pa. v. New Foundations, Inc., 182 A.3d 1059 (Pa. Commw. Ct. 2018).
“The one that is at issue here is 15 Pa.C.S. § 5547(a) (emphasis added), which provides: Every nonprofit corporation incorporated for a charitable purpose or purposes may take, receive and hold such real and personal property as may be given, devised to , or otherwise vested in…”
Commonwealth v. UPMC, Appeal of: UPMC, 129 A.3d 441 (Pa. 2015).
“Moreover, he deemed such action to be consistent with provisions of the Non-Profit Corporation Law, which place upon the director of such corporations the duties of a trustee as if the charity was not incorporated, 15 Pa.C.S. § 5547(a), and which allow the removal of directors…”
In Re Est. of Elkins, 888 A.2d 815 (Pa. Super. Ct. 2005).
“¶ 18 Based upon the interplay between the Nonprofit Corporation Act and the Probate, Estates and Fiduciaries Code, it is apparent that the Philadelphia Court’s decrees were directing that PHEC had control over the charitable assets that were formerly held by Hahnemann Hospital…”
— 15 Pa. Cons. Stat. § 5547(b) — 13 cases
In Re Church of St. James the Less, 833 A.2d 319 (Pa. Commw. Ct. 2003).
“*326 The merger was further invalid under 15 Pa.C.S. § 5547, which requires Orphans' Court approval.”
Williams Twp. Bd. of Supervisors v. Williams Twp. Emergency Co., 986 A.2d 914 (Pa. Commw. Ct. 2009).
“constructive trust where the Township never requested such relief and the pleadings do not support the trial court’s grant of that form of relief; (2) whether the record lacks evidentiary support for the trial court’s grant of a constructive trust as a form of relief; and (3)…”
Com. of Pa. v. New Foundations, Inc., 182 A.3d 1059 (Pa. Commw. Ct. 2018).
“The one that is at issue here is 15 Pa.C.S. § 5547(a) (emphasis added), which provides: Every nonprofit corporation incorporated for a charitable purpose or purposes may take, receive and hold such real and personal property as may be given, devised to , or otherwise vested in…”
In Re Est. of Elkins, 888 A.2d 815 (Pa. Super. Ct. 2005).
“¶ 18 Based upon the interplay between the Nonprofit Corporation Act and the Probate, Estates and Fiduciaries Code, it is apparent that the Philadelphia Court’s decrees were directing that PHEC had control over the charitable assets that were formerly held by Hahnemann Hospital…”
In Re First Baptist Church of Spring Mill, 22 A.3d 1091 (Pa. Commw. Ct. 2011).
“1 Under Section 5547(b) of the Nonprofit Corporation Law, as amended, 15 Pa.C.S. § 5547(b), a “[property committed to charitable purposes shall not .”
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