Rule 2159.Fictitious name act saved.
Adopted May 1, 1939 · Not amended since adoption · Last verified June 30, 2026
Full Text of Rule 2159
Plain-English Summary
The association chapter lets a plaintiff name an association by its name whether or not that name has been registered or filed, under Rule 2153(a). This rule makes clear that the procedural latitude leaves the registration statutes in place: the rules do not suspend or affect the operation of any Act of Assembly relating to the registration of fictitious names.
An association that does business under a name therefore remains subject to whatever those statutes require. The Official Note dates the rule to May 1, 1939, effective November 6, 1939, the same dates as its twin, Rule 2135, which preserves the same statutes in the partnership chapter.
Frequently Asked Questions
Do the association rules affect fictitious-name registration?
No. They do not suspend or affect the Acts of Assembly on registering fictitious names.
Official Note
Official Note: Adopted May 1, 1939, effective November 6, 1939.