53 Pa. Stat. § 23844

Current through P.A. Acts 2024-18
Section 23844 - Amendment of articles
A. An Authority in the manner hereinafter provided may from time to time amend its articles:
(1) To adopt a new name.
(2) To add a provision therein increasing its term of existence to a date not exceeding fifty years from the date of approval of the articles of amendments or to modify any provision thereof limiting its terms of existence by increasing such term to such a date.
(3) To reapportion the representation on the board of the Authority and to revise the terms of office of such members, all in such manner as shall not be inconsistent with the provisions of section eight of this act.
B. Every amendment to the articles shall first be proposed by the board by the adoption of a resolution setting forth the proposed amendment and directing that it be submitted to the municipal authorities of the county or city composing the Authority. The resolution shall contain the language of the proposed amendment to the articles by providing that the articles shall be amended so as to read as therein set forth in full, or that any provision thereof be amended so as to read as therein set forth in full, or that the matter stated in the resolution be added to or stricken from the articles. After the amendments have been submitted to the county or city, such county or city shall adopt or reject such amendment by resolution or ordinance.
C. After an amendment has been adopted by the county or city, articles of amendment shall be executed under the seal of the Authority and verified by two duly authorized officers of the corporation and shall set forth:
(1) The name and location of the registered office of the Authority;
(2) The act of Assembly under which the Authority was formed and the date when the original certificate of incorporation was issued;
(3) The resolution or ordinance of the county or city adopting the amendment;
(4) The amendment adopted by the county or city, which shall be set forth in full.
D. The Authority shall advertise its intention to file articles of amendment with the Secretary of the Commonwealth in the manner prescribed in section three of this act in the case of the formation of an Authority. Advertisements shall appear at least three days prior to the day upon which the articles of amendment are presented to the Secretary of the Commonwealth and shall set forth briefly:
(1) The name and location of the registered office of the Authority;
(2) A statement that the articles of amendment are to be filed under the provisions of this act;
(3) The nature and character of the proposed amendment;
(4) The time when the articles of amendment will be filed with the Secretary of the Commonwealth.
E. The articles of amendment and proof of the advertisement heretofore required shall be delivered by the Authority or its representative to the Secretary of the Commonwealth. If the Secretary of the Commonwealth finds that such articles conform to law, he shall forthwith, but not prior to the day specified in the advertisement required heretofore, endorse his approval thereon, and when all fees and charges have been paid shall file the articles and issue to the Authority or its representative a certificate of amendment to which shall be attached a copy of the approved articles.

53 P.S. § 23844

1953, July 29, P.L. 1034, § 4.