What Entities Are Subject to the 2011 Decennial Filing
All domestic and foreign profit and nonprofit corporations, limited liability companies, limited partnerships, limited liability partnerships that are not also limited partnerships, and business trusts that have NOT made a new or amended filing with the Corporation Bureau from January 1, 2002 through December 31, 2011 must file to report that indicates that they continue to exist.
What this means is that if your organization has not had any filings with the PA corporation Bureau, such as change in name, articles of amendment, change in registered office, etc., during this 10 year period, it must then make the so called Decennial filing.
Fictitious Name and Trademark Registrations Are Not Subject to this Decennial Filing
Fictitious names and trademarks are not required to make decennial filings.
The Decennial Report must be filed during the period from January 1, 2011 through December 31, 2011. So the last day for filing the Decennial Report is December 31, 2011.
Failure To File: Loss of Exclusive Use of Name
If any entity subject to this filing requirement fails to file a Decennial Report during the filing period, it no longer has exclusive use of its name on or after January 1, 2012. Although the business entity continues to exist, its name becomes available for any corporation or other association registering to do business in the Commonwealth of Pennsylvania which may request it. The entity could file after December 31st, but would risk losing its trade name if someone else secured its name during the delinquency period.
Notice From PA Corporation Bureau
By now, you should have received a notice with the required form by mail at your registered office address. Note that if you did not keep up with revising your registered office with the Corporation Bureau you may not have actually received such notice. This is why all corporations should check their records to see if they have made any filings since January 1, 2002.
Filing Fee and Form To Be Filed
There is a required form to be filed along with a filing fee of $70 payable to the Department of State.
Do not hesitate to contact our office if you have questions or need assistance in keeping your corporation in good standing with the Commonwealth of Pennsylvania.
Copyright © 2010,2011 - Steven J. Fromm & Associates, P.C., 1420 Walnut Street, Suite 300, Philadelphia, PA 19102. All rights reserved.
Published October, 2011.