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.
§ 331. Contracts and acts by entity using unregistered fictitious name.
(a) General rule.--No entity which has failed to register a fictitious name as required by this chapter
shall be permitted to maintain any action in any tribunal of this Commonwealth until
such entity shall have complied with the provisions of this chapter. Nor shall any
action be maintained in any tribunal of this Commonwealth by any successor or assignee
of such entity on any right, claim or demand arising out of a transaction with respect
to which such entity used such fictitious name until such entity, or an entity which
has acquired all or substantially all of its assets, shall have complied with the
provisions of this chapter. The failure by itself of an entity to register a fictitious
name as required by this chapter shall not impair the validity of any contract or
act of the entity using the fictitious name and shall not prevent the entity from
defending any action in any tribunal of this Commonwealth.
(b) Civil penalty.--(Deleted by amendment).
(c) Substantial compliance.--The penalty under subsection (a) shall not be applicable if there has been substantial
compliance in good faith with the requirements of this chapter or the corresponding
provisions of prior law.
(Nov. 3, 2022, P.L.1791, No.122, eff. 60 days)
Cross References. Section 331 is referred to in section 332 of this title.
Notes of Decisions
Johnson v. Laureland Builders, 11 Pa. D. & C.4th 271 (1991).
· cites it 2× “Therefore, plaintiff may maintain this action and we will enter the following ORDER And now, July 1, 1991, this court having before it the preliminary objections of defendant, it is hereby ordered, directed and decreed as follows: (1) Defendant’s demurrer based on plaintiff’s…”
Fremd v. Horne, 10 Pa. D. & C.4th 321 (1990).
“54 Pa.C.S. §331(a). In the present case, defendants argued that plaintiff is trading under the fictitious name “Family Health Care Center,” an unregistered entity in Pennsylvania.”
In Re: TCB's Sales of Real Est. for Unpaid Taxes Levied for the Year 2018 (Pa. Commw. Ct. 2023).
· cites it 2× “In response, Purchaser argues the trial court properly deemed Clark and Bolger’s Objections and Exceptions an “action” as set forth in the statute because the matter was given a specific civil docket number and was set forth as a petition with a request for relief. Purchaser’s…”
Phillips Heating & Air Conditioning Co. v. Achter, QSP, Inc., 39 Pa. D. & C.3d 40 (1985).
· cites it 3× “54 Pa.C.S. §331(a). The act further provides that no cause of action that arose prior to the date of registration of the fictitious name may be maintained by the party conducting a business under a fictitious name until that party has paid a civil penalty of $500 to the…”
Belfi v. Bancorp (E.D. Pa. 2023).
“§ 411 and 54 Pa. Cons. Stat. § 331 (a), in support of his apparent assertion that the judicial Defendants were not entitled to absolute immunity for his claims because the Court of Common Pleas did not have jurisdiction to hear the underlying case and, thus, the judicial…”
Belfi v. Bancorp (E.D. Pa. 2023).
“§ 411 and 54 Pa. Cons. Stat. § 331 (a), in support of his apparent assertion that the judicial Defendants were not entitled to absolute immunity for his claims because the Court of Common Pleas did not have jurisdiction to hear the underlying case and, thus, the judicial…”
Miller v. O'Brien Constr. (M.D. Penn. 2020).
“19 15 Even if Defendants were correct that Miller was not the real party in interest under Rule 17, the proper remedy would be “for the real party in interest to ratify, join, or be substituted into the action,” not dismissal of the claims.”
Simpkins v. Deimler (M.D. Penn. 2021).
“” See 54 Pa.C.S. § 331(a). Indeed, the only bar the PFNA puts on the litigation of claims by an entity using an unregistered fictitious name is to impose a fine and mandate registration if the entity chooses to initiate litigation.”
Painter v. Allegheny Graphics LLC, 13 Pa. D. & C.5th 563 (2009).
“1 Defendant also protests that because The Drying Shed was not registered as a fictitious name at the time the magisterial district court suit was instituted, under 54 Pa.C.S §331, Painter lacks the capacity to sue in the court of common pleas.”
— 54 Pa. Cons. Stat. § 331(a) — 6 cases
Fremd v. Horne, 10 Pa. D. & C.4th 321 (1990).
“54 Pa.C.S. §331(a). In the present case, defendants argued that plaintiff is trading under the fictitious name “Family Health Care Center,” an unregistered entity in Pennsylvania.”
Johnson v. Laureland Builders, 11 Pa. D. & C.4th 271 (1991).
“Therefore, plaintiff may maintain this action and we will enter the following ORDER And now, July 1, 1991, this court having before it the preliminary objections of defendant, it is hereby ordered, directed and decreed as follows: (1) Defendant’s demurrer based on plaintiff’s…”
In Re: TCB's Sales of Real Est. for Unpaid Taxes Levied for the Year 2018 (Pa. Commw. Ct. 2023).
“In response, Purchaser argues the trial court properly deemed Clark and Bolger’s Objections and Exceptions an “action” as set forth in the statute because the matter was given a specific civil docket number and was set forth as a petition with a request for relief. Purchaser’s…”
Miller v. O'Brien Constr. (M.D. Penn. 2020).
“19 15 Even if Defendants were correct that Miller was not the real party in interest under Rule 17, the proper remedy would be “for the real party in interest to ratify, join, or be substituted into the action,” not dismissal of the claims.”
Simpkins v. Deimler (M.D. Penn. 2021).
“” See 54 Pa.C.S. § 331(a). Indeed, the only bar the PFNA puts on the litigation of claims by an entity using an unregistered fictitious name is to impose a fine and mandate registration if the entity chooses to initiate litigation.”
— 54 Pa. Cons. Stat. § 331(b) — 1 case
Phillips Heating & Air Conditioning Co. v. Achter, QSP, Inc., 39 Pa. D. & C.3d 40 (1985).
“54 Pa.C.S. §331(a). The act further provides that no cause of action that arose prior to the date of registration of the fictitious name may be maintained by the party conducting a business under a fictitious name until that party has paid a civil penalty of $500 to the…”
— 54 Pa. Cons. Stat. § 331(c) — 1 case
Johnson v. Laureland Builders, 11 Pa. D. & C.4th 271 (1991).
“Therefore, plaintiff may maintain this action and we will enter the following ORDER And now, July 1, 1991, this court having before it the preliminary objections of defendant, it is hereby ordered, directed and decreed as follows: (1) Defendant’s demurrer based on plaintiff’s…”
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.