Every ten years business entities of every kind who are registered to do business in the Commonwealth of Pennsylvania are required by law to make a decennial filing with the Pennsylvania Department of State confirming the continued existence of the business in order to maintain exclusive use of its registered name.  |
Filing Requirements
| The Department of State has sent out postcard notices to businesses that are required to make a decennial filing this year. Your business may have already received this notice or you may be receiving a notice soon. However, just because a business has not received a notice does not relieve it from the filing requirement. Decennial filing are required of all domestic and foreign business corporations, non-profit corporations, limited liability companies, limited partnerships, limited liability partnerships that are not also limited partnerships, and business trusts, as well as insignias and marks used with articles and supplies. If the business, insignia or mark has not made a new or amended filing with the Bureau of Corporations and Charitable Organizations from January 1, 2012 through December 31, 2021, it must file a decennial report that it continues to exist. No decennial filing is required if the business has made any filing in the Department of State from January 1, 2012 through December 31, 2021, other than a decennial report, application for registration of fictitious name, consent to appropriation of name, name searches or name reservations. Additionally, no filing of a decennial report is required for a business corporation if the corporation has had officer information forwarded to the Department of State by the Department of Revenue from January 1, 2012 through December 31, 2021, under 15 Pa.C.S. § 1110. Registered fictitious names and trademarks are not required to make decennial filings. |
Filing Deadlines
| After this law became effective the first filing was required in 2001, making the upcoming filing due this year, 2021. If a business is required to make a decennial report for its registered name, insignia or mark it must complete and file the required documentation and the filing fee no later than December 31, 2021. If a business with a registered business name fails to file by December 31, 2021 then beginning January 1, 2022 that entity will no longer have exclusive use of its business name that it previously registered, but the business still legally exists. This is because the purpose of the decennial filing requirement is to ensure that the Department’s list of registered names is updated and business names that are no longer in use can be made available to others who wish to register a same or similar name. If a business with a registered insignia and/or mark used with articles and supplies fails to file by December 31, 2021 then beginning January 1, 2022 that insignia and/or mark used with articles and supplies is no longer registered and the business will have to file a new registration application to gain registration again. CGA Law Firm is here to help your business with decennial filing. Contact Attorney Beth Kern if you have questions or need assistance properly filing a decennial report before the filing deadline. |
Beth J. Kern
Attorney
Beth provides legal services to Municipal, Business, Litigation, and Labor and Employment Law clients. Beth has over twelve years of professional experience. Most recently she spent nearly eight years at Flagger Force®, a rapidly growing multi-state traffic control company, as a Human Resource professional. Beth uses her business acumen and experience in human resource management to gain insight into partnering with leaders and teams to develop organization strategies.
Beth may be reached directly at (717) 848-4900, Ext. 171 or by email: bkern@cgalaw.com.
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