8998 - Annual registration.

     § 8998.  Annual registration.        (a)  General rule.--Every domestic restricted professional     company in existence on December 31 of any year and every     qualified foreign restricted professional company that is     registered to do business in this Commonwealth on December 31 of     any year shall file in the Department of State with respect to     that year, and on or before April 15 of the following year, a     certificate of annual registration on a form provided by the     department, executed by the company and accompanied by the     annual registration fee prescribed by subsection (b). The     department shall not charge a fee other than the annual     registration fee for filing the certificate of annual     registration. The certificate of annual registration shall     include a statement by the company as to whether or not it     engaged in any business not permitted by section 8996(a)     (relating to purposes of restricted professional companies)     during the year with respect to which the certificate is being     filed.        (b)  Annual registration fee.--            (1)  The annual registration fee to be paid when filing a        certificate of annual registration shall be equal to a base        fee of $300 times the number of persons who:                (i)  were members of the company on December 31 of            the year with respect to which the certificate of annual            registration is being filed;                (ii)  were licensed persons; and                (iii)  had their principal residence at the time in            this Commonwealth.            (2)  The base fee of $300 shall be increased on December        31, 1997, and December 31 of every third year thereafter by        the percentage increase in the Consumer Price Index for Urban        Workers during the most recent three calendar years for which        that index is available on the date of adjustment. Each        adjustment under this paragraph shall be rounded up to the        nearest $10.        (c)  Notice of annual registration.--Not later than February     1 of each year, the department shall give notice to every     restricted professional company required to file a certificate     of annual registration with respect to the preceding year of the     requirement to file the certificate. The notice shall state the     amount of the base fee payable under subsection (b)(1), as     adjusted pursuant to subsection (b)(2), if applicable, and shall     be accompanied by the form of certificate to be filed. Failure     by the department to give notice to any party or failure by any     party to receive notice of the annual registration requirement     shall not relieve the party of the obligation to file the     certificate.        (d)  Credit to Corporation Bureau Restricted Account.--The     annual registration fee shall not be deemed to be an amount     received by the department under Subchapter C of Chapter 1     (relating to Corporation Bureau and UCC fees) for purposes of     section 155 (relating to disposition of funds), except that $25     of the fee shall be credited to the Corporation Bureau     Restricted Account.        (e)  Functions of Department of State.--The department shall     send to the Department of Revenue a copy of any certificate that     discloses the conduct of any business not permitted by section     8996(a).        (f)  Annual fee to be lien.--            (1)  Failure to file the certificate of annual        registration required by this section shall not affect the        existence or status of the restricted professional company as        such, but the annual registration fee that would have been        payable shall be a lien in the manner provided in this        subsection from the time the annual registration fee is due        and payable. If a certificate of annual registration is not        filed within 30 days after the date on which it is due, the        department shall assess a penalty of $500 against the        company, which shall also be a lien in the manner provided in        this subsection. The imposition of that penalty shall not be        construed to relieve the company from liability for any other        penalty or interest provided for under other applicable law.            (2)  If the annual registration fee paid by a restricted        professional company is subsequently determined to be less        than should have been paid because it was based on an        incorrect number of members or was otherwise incorrectly        computed, that fact shall not affect the existence or status        of the restricted professional company as such, but the        amount of the additional annual registration fee that should        have been paid shall be a lien in the manner provided in this        subsection from the time the incorrect payment is discovered        by the department.            (3)  The annual registration fee shall bear simple        interest from the date that it becomes due and payable until        paid. The interest rate shall be that provided for in section        806 of the act of April 9, 1929 (P.L.343, No.176), known as        The Fiscal Code, with respect to unpaid taxes. The penalty        provided for in paragraph (1) shall not bear interest. The        payment of interest shall not relieve the restricted        professional company from liability for any other penalty or        interest provided for under other applicable law.            (4)  The lien created by this subsection shall attach to        all of the property and proceeds thereof of the restricted        professional company in which a security interest can be        perfected, in whole or in part, by filing in the department        under 13 Pa.C.S. Div. 9 (relating to secured transactions;        sales of accounts, contract rights and chattel paper),        whether the property and proceeds are owned by the company at        the time the annual registration fee or any penalty or        interest becomes due and payable or whether the property and        proceeds are acquired thereafter. Except as otherwise        provided by statute, the lien created by this subsection        shall have priority over all other liens, security interests        or other charges, except liens for taxes or other charges due        the Commonwealth. The lien created by this subsection shall        be entered on the records of the department and indexed in        the same manner as a financing statement filed under 13        Pa.C.S. Div. 9. At the time an annual registration fee,        penalty or interest that has resulted in the creation of a        lien under this subsection is paid, the department shall        terminate the lien with respect to that annual registration        fee, penalty or interest without requiring a separate filing        by the company for that purpose.            (5)  If the annual registration fee paid by a restricted        professional company is subsequently determined to be more        than should have been paid for any reason, no refund of the        additional fee shall be made.        (g)  Cross references.--See section 8907 (relating to     execution of documents) and 18 Pa.C.S. § 4904 (relating to     unsworn falsification to authorities).     (June 22, 2001, P.L.418, No.34, eff. 60 days)        2001 Amendment.  Act 34 amended subsec. (f).        References in Text.  Division 9 of Title 13, referred to in     subsec. (f), was repealed and added by the act of June 8, 2001     (P.L.123, No.18). Present Division 9 relates to secured     transactions.