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In the Commonwealth of Pennsylvania, corporate entities are not required to file annual reports. They are required, however, to file a <\/span>decennial report<\/span> during the calendar year 2021.<\/span><\/p>\n The decennial report is a report filed to indicate that a Pennsylvania entity<\/span>\u00a0continue<\/span>s to exist<\/span>\u00a0and<\/span>\u00a0that<\/span>\u00a0its name is still in use. Pennsylvania entities are required to file the<\/span>\u00a0<\/span>d<\/span>ecennial<\/span> report, as the name suggests, every ten tears. The report must be filed in\u00a0<\/span>the years ending with \u201c1<\/span>\u201d<\/span>:<\/span>\u00a0for example, 2011, 2021, and 2031.<\/span>\u00a0<\/span><\/p>\n Decennial reports exis<\/span>t<\/span>\u00a0to allow the Commonwealth to identify<\/span>\u00a0business names and marks that are no longer in use so that\u00a0<\/span>the Commonwealth can\u00a0<\/span>reissue<\/span>\u00a0the names to other entities.<\/span>\u00a0T<\/span>herein lies the danger<\/span>: th<\/span>ose not filing a report risk having their name<\/span>\u00a0placed back into the stream of commerce<\/span>\u00a0<\/span>and<\/span>\u00a0eligible<\/span>\u00a0for use by another company<\/span>.<\/span>\u00a0<\/span><\/p>\n All domestic and foreign business corporations, non-profit corporations, limited liability companies, limited partnerships,\u00a0<\/span>and\u00a0<\/span>limited liability partnerships<\/span>,<\/span>\u00a0<\/span>as well as<\/span>\u00a0business trusts<\/span>,<\/span>\u00a0<\/span>that have not made a new or amended filing with the\u00a0<\/span>Pennsylvania\u00a0<\/span>Bureau of Corporations and Charitable Organizations from January 1, 2012<\/span>\u00a0thr<\/span>ough<\/span>\u00a0December 31, 2021 must file a report\u00a0<\/span>noting that they are still in\u00a0<\/span>exist<\/span>ence<\/span>. Fictitious names and trademarks are\u00a0<\/span>exempt from the requirement to file a<\/span>\u00a0decennial\u00a0<\/span>report<\/span>.<\/span>\u00a0<\/span><\/p>\n If\u00a0<\/span>a company that is required to file<\/span>\u00a0fails to file a decennial report\u00a0<\/span>between<\/span>\u00a0January 1, 2021<\/span>\u00a0and\u00a0<\/span>December 31, 2021, it\u00a0<\/span>will\u00a0<\/span>no longer\u00a0<\/span>have<\/span>\u00a0exclusive use of its name\u00a0<\/span>as of<\/span>\u00a0January 1, 2022. While the business entity continues to exist, its name becomes available for\u00a0<\/span>use by <\/span>any\u00a0<\/span>company<\/span> registered to do business in the Commonwealth of Pennsylvania that requests it<\/span>. 54 Pa.\u00a0C.S. \u00a7 504<\/a><\/span>.<\/span>\u00a0<\/span><\/p>\n A<\/span>nother company register<\/span>ing<\/span>\u00a0your business name<\/span>\u00a0and<\/span> claiming it for use<\/span>\u00a0c<\/span>an\u00a0<\/span>be an expensive event to attempt to remedy. Much like web domains, company names can be taken by another company and held hostage by their new “owners.”\u00a0<\/span><\/p>\n A corporation or other association that has failed to file a report may do so at any later time, provided the name has not already been re-registered to another company. Such a filing will preserve the name of the association with the Corporations Bureau of the Department of State. 54 Pa.\u00a0C.S. \u00a7 504<\/a><\/span><\/p>\n Be mindful that decennial filings cannot be submitted online or emailed to the Department and thus must be mailed<\/em> to:\u00a0PA Department of State,\u00a0PO Box 8722,\u00a0Harrisburg, PA 17105-8722<\/p>\n Entities required to file should have\u00a0<\/span>received\u00a0<\/span>a postcard from the\u00a0<\/span>Commonwealth<\/span>\u00a0postmarked January 15, 2021, but many business owners report not having received them. The notices were to be mailed to the registered office address of each entity. Businesses should note that not<\/em> receiv<\/span>ing<\/span> notice of a decennial filing requirement does not<\/em> relieve a party of the obligation to make the decennial filing<\/span>\u00a0if required<\/span>. 15\u00a0<\/a><\/span>Pa.\u00a0<\/span>C.S<\/span>. \u00a7 132(d).<\/span>\u00a0<\/span><\/p>\n If a company is\u00a0<\/span>unsure of its<\/span>\u00a0require<\/span>ment<\/span> to file a decennial report or needs assistance with the completion of the required filing, the lawyers in the corporate department at The Lynch Law Group can assist with compliance.<\/span><\/p>\n Contact Dan Lynch<\/a> or Eric Thomas<\/a> at The Lynch Law Group at 724.776.8000 to schedule a time to discuss your business needs.<\/span>\u00a0<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" In the Commonwealth of Pennsylvania, corporate entities are not required to file annual reports. They are required, however, to file a decennial report during the calendar year 2021. What is a Decennial Report? The decennial report is a report filed … What is a Decennial Report?<\/h2>\n
Who Must File a Decennial Report?<\/h2>\n
What Are the Consequences of Failing to File?<\/h2>\n
Can a Company File Late?<\/h2>\n
How Does a Company Know if it Needs to File?<\/h2>\n
The Lynch Law Group\u2019s Corporate Practice<\/h4>\n