Every decennial year, certain business entities registered in Pennsylvania must file a report of continued existence. Decennial years occur once every ten years, and 2011 is one of them. If a business entity required to file does not do so, it loses the exclusive right to its name. The entity will continue to exist, but its name becomes available for any other entity registering to do business in Pennsylvania.
If a business entity has not made a new or amended filing with the Corporation Bureau since the last day of 2001, it must file a decennial report before the last day of 2011. Business entities include all domestic and foreign profit and nonprofit corporations, limited liability companies, limited partnerships, limited liability partnerships, business trusts, insignias and “marks used with articles and supplies.” A “new or amended filing” does not include a decennial filing, name reservation, name search, consent to appropriation of name, or fictitious name registration.
The standard decennial report is called the Decennial Report of Association Continued Existence. This report is a simple filing that informs the Corporation Bureau of the business entity’s continued existence. A different report is filed for registered Insignias and Marks used with articles or supplies. This report is simply titled Decennial Report.
Decennial reports carry a $70 fee, and can be filed at any time from January 1 through December 31, 2011. A late filing will reinstate the business entity’s name unless the name was appropriated during the period of delinquency.
If you have any questions about decennial filing, or if you would like to review whether you need to file a decennial report, please contact one of the attorneys in our Business Law department.b
