Title 12, COMMERCE AND TRADE

Before qualifying commercial property may be subject to an assessment under the program and begin a local financing or an owner financing of a qualified project, the following shall occur: (1) Any financial institution holding a lien, mortgage or security interest in or other enc…

(a) Requirement.--A program shall require for each proposed clean energy project and water conservation project a scope of work, energy baseline or water usage baseline and the projected energy savings or water usage reductions in order to establish the viability of the qualified…

(a) Notice.--A municipality or county that establishes a program shall post online and make available to the public a notice of each qualified project financed through an assessment. (b) Contents of notice.--The notice under subsection (a) must contain: (1) The legal description …

(a) General rule.--An assessment under this chapter, including past-due amounts and required future payments and any interest or penalties on the assessment: (1) shall be a first and prior lien against the qualifying commercial property on which the assessment is imposed from the…

The following apply: (1) The governing body of a municipality or county that establishes a district is required to collect the assessments for that district using their present tax collection process and remit for payment of the local financing or owner financing. (2) The assessm…

(a) Issuance.--Local financing or owner financing may be used to issue bonds to finance qualified projects. (b) Restrictions.--Bonds issued under this chapter may not be general obligations of the municipality or county. (c) Use of proceeds.--Funds generated from the issuance of …

Any combination of municipalities or counties may agree to jointly implement or administer a program under this chapter.

(a) Short title of chapter.--This chapter, that was formerly cited as the Pennsylvania Uniform Fraudulent Transfer Act, shall be known and may be cited as the Pennsylvania Uniform Voidable Transactions Act. (b) Definitions.--The following words and phrases when used in this chapt…

(a) General rule.--A debtor is insolvent if, at fair valuation, the sum of the debtor's debts is greater than the sum of the debtor's assets. (b) Presumption of insolvency.--A debtor that is generally not paying the debtor's debts as they become due other than as a result of a bo…

(a) General rule.--Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of…

(a) General rule.--A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) with actual…

(a) General rule.--A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent va…

For the purposes of this chapter: (1) A transfer is made: (i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good fai…

(a) Available remedies.--In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in sections 5108 (relating to defenses, liability and protection of transferee or obligee) and 5109 (relating to extinguishment of claim fo…

(a) Certain transfers or obligations not voidable.--A transfer or obligation is not voidable under section 5104(a)(1) (relating to transfer or obligation voidable as to present or future creditor) against a person that took in good faith and for a reasonably equivalent value give…

A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless action is brought: (1) under section 5104(a)(1) (relating to transfer or obligation voidable as to present or future creditor), not later than four years after the transfer was m…

(a) Location of debtor.--In this section, the following rules determine a debtor's location: (1) A debtor who is an individual is located at the individual's principal residence. (2) A debtor that is an organization and has only one place of business is located at the organizatio…

(a) Separate person.--A series organization and a protected series of the series organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the series organization or other protected series of the se…

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency or other validating or invalidating caus…

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Dec. 22, 2017, P.L.1249, No.78, eff. 60 days) 2017 Amendment. Act 78 added section 5113. See section 7 of A…

This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act (Public Law 106-229, 15 U.S.C. § 7001 et seq.), but does not modify, limit or supersede section 101(c) of the Electronic Signatures in Global and National Commerce Act or aut…

This chapter shall be known and may be cited as the Uniform Trade Secrets Act.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Improper means." Includes, but is not limited to, theft, bribery, misrepresentation, breach or inducement of a breach o…

(a) Injunctions.--Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to elimina…

(a) Monetary damages.--Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages ca…

A court may award reasonable attorney fees, expenses and costs to the prevailing party: (1) if a claim of misappropriation is made in bad faith; (2) a motion to terminate an injunction is made or resisted in bad faith; or (3) willful and malicious misappropriation exists.

In any action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means which may include, but are not limited to, granting protective orders in connection with discovery proceedings, holding in camera hearings, sealing the records of t…

An action under this chapter for misappropriation must be brought within three years after the misappropriation was discovered or by the exercise of reasonable diligence should have been discovered.

(a) General rule.--Except as provided in subsection (b), this chapter displaces conflicting tort, restitutionary and other law of this Commonwealth providing civil remedies for misappropriation of a trade secret. (b) Exceptions.--This chapter does not affect: (1) contractual reme…

This chapter relates to legitimate cannabis-related businesses.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Business associate." A person that is a customer or supplier of goods or services to or for the benefit of a legitimate…

(a) Authorization to provide financial services.--A financial institution authorized to engage in business in this Commonwealth may provide financial services to or for the benefit of a legitimate cannabis-related business and the business associates of a legitimate cannabis-rela…

(a) Actions of government agencies.--No agency or political subdivision of this Commonwealth may: (1) prohibit, penalize or otherwise discourage a financial institution or insurer from providing financial or insurance services to a legitimate cannabis-related business or the busi…

(a) Voluntary disclosures.--Section 1307 of the act of April 17, 2016 (P.L.84, No.16), known as the Medical Marijuana Act, shall not prohibit the voluntary disclosure of any records or other information by a legitimate cannabis-related business, or a business associate to a finan…

(a) Notification by legitimate cannabis-related business.--If a legitimate cannabis-related business obtains financial or insurance services from a financial institution or insurer doing business in this Commonwealth, the business shall, within five business days, provide notice …

The Department of Banking and Securities and the Insurance Department may adopt statements of policy or regulations to implement this chapter and to provide guidance to financial institutions and insurers providing financial or insurance services to legitimate cannabis-related bu…

This chapter relates to self-service storage facilities.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Default." Failure to perform timely an obligation or duty under this chapter or a rental agreement. "Last known address…

An occupant may not use a self-service storage facility for residential purposes.

(a) Duty to provide.--Upon the reasonable request of the owner, an occupant shall provide access to the owner to enter the leased space for the purposes of inspection, repair, alteration, improvement or supplying of necessary or agreed services. In case of emergency, the owner ma…

(a) Right to and nature of lien.-- (1) An owner and any of the owner's heirs, executors, administrators, successors and assigns has a lien upon all personal property located at a self-service storage facility, for rent, labor, late fees or other charges, present or future, incurr…

(a) Default.--An owner may not initiate an action to enforce the owner's lien established under section 5605 (relating to owner's lien) until the occupant has been in default continuously for a period of at least 30 days. (b) Rights of owner.-- (1) After the occupant has been in …

(a) Duty to provide.-- (1) The owner shall give written notice of the default and any other action taken in regard to the occupant's property to the occupant by personal service, verified mail, email or by certified mail, return receipt requested, sent to the occupant's last know…

(a) Publication.--Except as provided in subsection (c), after the expiration of the time stated in the notice and if the personal property has not otherwise been disposed of, the owner shall publish an advertisement of the sale: (1) two times preceding the date of sale in a newsp…

A sale or other disposition of the personal property shall be held at the self-service storage facility, online or at the nearest suitable place to where the personal property is held or stored.

Before a sale or other disposition of the personal property, the occupant may pay the amount necessary to satisfy the owner's lien and other reasonable expenses incurred under this chapter and redeem the personal property. Upon the payment and satisfaction of the amount necessary…