Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 5745. Advancing expenses.
Expenses (including attorneys' fees) incurred in defending any action or proceeding
referred to in this subchapter may be paid by a nonprofit corporation in advance of
the final disposition of the action or proceeding upon receipt of an undertaking by
or on behalf of the representative to repay the amount if it is ultimately determined
that he is not entitled to be indemnified by the corporation as authorized in this
subchapter or otherwise. Except as otherwise provided in the bylaws, advancement of
expenses shall be authorized by the board of directors. Section 5728 (relating to
interested members, directors or officers; quorum) shall not be applicable to the
advancement of expenses under this section.
(Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 19, 1990, P.L.834, No.198,
eff. imd.; June 22, 2001, P.L.418, No.34, eff. 60 days)
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 1995–2023 · leading case:
Neal v. Neumann Med. Ctr., 667 A.2d 479 (Pa. Commw. Ct. 1995).
Neal v. Neumann Med. Ctr., 667 A.2d 479 (Pa. Commw. Ct. 1995).
· cites it 2× “Initially, we note that Section 5745 of the Nonprofit Corporation Law of 1988 (Nonprofit Law), as amended, 15 Pa.C.S. § 5745 [Advancing Expenses] provides: Expenses (including attorneys’ fees) incurred in defending any action or proceeding referred to in this subehapter may be…”
Porat, M. v. Temple Univ. (Pa. Super. Ct. 2023).
“15 Pa.C.S. § 5745 (emphasis added). The Code defines “representative” as follows: When used with respect to an association, joint venture, trust or other enterprise, a person occupying the position or discharging the functions of a director, officer, partner, manager, trustee,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.