The Pennsylvania Decennial Filing or Report is a report of an entity’s continued existence or use of certain marks. Decennial filings are made every ten years during the years ending with the numeral “1” (i.e., “2021”). As of January 15, 2021, the Pennsylvania Department of State (DOS) began to mail postcard notices of the decennial filing requirement to all affected associations or entities.
Why?
The intent for requiring the filing is to identify business names or marks that are no longer in use.
Do I have to file?
All of the following are required to file the Decennial Report with the DOS in order to keep their business names or mark:
- domestic and foreign profit and nonprofit corporations;
- limited liability companies;
- limited partnerships;
- limited liability partnerships that are not also limited partnerships;
- business trusts;
- insignias and marks used with articles and supplies.
Exceptions are those that have made a new or amended filing with the Bureau of Corporations and Charitable Organizations (Bureau) from January 1, 2012 through December 31, 2021. Fictitious names and trademarks are also not required to make decennial filings.
Nonprofits please note your annual BCO filing does not exempt you from making the decennial filing.
What if I’m required to file a decennial report but don’t get a notice?
It’s important to note that failure by the DOS to give notice to a party, or failure by a party to receive notice of a decennial filing requirement does not relieve a party of the obligation to make the decennial filing. If no filing is made, the company’s name or mark will be available to be re-issued by the DOS.
Corporations have until December 31, 2021 to file. A filing fee of $70, made payable to the PA Department of State, should accompany the filing.
Click here to link to the Pennsylvania Department of State website where you can read more about this filing requirement and download the decennial forms and filing instructions.