CHAPTER 3
FICTITIOUS NAMES
Sec.
301. Short title of chapter.
302. Definitions.
303. Scope of chapter.
304. Effect of registration under prior statutes.
311. Registration.
312. Amendment.
313. Cancellation or withdrawal.
321. Decennial filings required (Deleted by amendment).
331. Contracts and acts by entity using unregistered fictitious name.
332. Effect of registration.
Enactment. Chapter 3 was added December 16, 1982, P.L.1309, No.295, effective in 90 days.
Prior Provisions. Former Chapter 3, which related to the same subject matter, was added November 15,
1972, P.L.1063, No.271, and repealed December 16, 1982, P.L.1309, No.295, effective
in 90 days.
Cross References. Chapter 3 is referred to in sections 202, 414 of Title 15 (Corporations and Unincorporated
Associations).
§ 301. Short title of chapter.
This chapter shall be known and may be cited as the "Fictitious Names Act."
Notes of Decisions
Cited in
7
cases, 1984–2012 · leading case:
Fremd v. Horne, 10 Pa. D. & C.4th 321 (1990).
Fremd v. Horne, 10 Pa. D. & C.4th 321 (1990).
· cites it 3× “be used by plaintiff in the Department of State under the Fictitious Names Act, 54 Pa.C.S. §301 et seq: However, there is a properly registered Pennsylvania corporation named “Family Health Care Center Inc.”
Loomis Lake Ass'n by Hughes v. Smith, 531 A.2d 1152 (Pa. 1987).
“In the new Fictitious Names Act, 54 Pa.C.S. § 301 et seq., which became effective after the complaint and amended complaint were filed in this case, unincorporated associations, one of which the Association claims to be, are specifically exempted from the mandatory requirement…”
Johnson v. Laureland Builders, 11 Pa. D. & C.4th 271 (1991).
“Said objections are in the form of a demurrer to the action for failure of plaintiff to comply with section 331 of the Fictitious Names Act, 54 Pa.C.S. §301 et. seq. This matter arises from the alleged breach of an oral contract whereby plaintiff agreed to paint a house for…”
Horsemen's Benevolent & Prot. Ass'n v. Atwood, 36 Pa. D. & C.3d 549 (1984).
“Parenthetically, we note that defendants have asserted, in the alternative, that the Fictitious Names Act, 54 Pa. C.S. §301 et seq., also requires the named plaintiff to register its name or be prohibited from maintaining “any action in any tribunal.”
Paoletta v. Aetna Cas. & Sur. Co., 44 Pa. D. & C.3d 230 (1986).
“The issue presented is whether plaintiff lacks capacity to sue by virtue of his failure to register under the Fictitious Names Act, 54 Pa.C.S. §301 et seq. DISCUSSION Pa.R.C.”
— 54 Pa. Cons. Stat. § 301(a) — 1 case
Fremd v. Horne, 10 Pa. D. & C.4th 321 (1990).
“be used by plaintiff in the Department of State under the Fictitious Names Act, 54 Pa.C.S. §301 et seq: However, there is a properly registered Pennsylvania corporation named “Family Health Care Center Inc.”
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.