As 2011 approaches, I wanted to make businesses aware of an additional filing requirement in Pennsylvania that occurs every ten years during years that end with the numeral “1” (e.g. 2011).
For businesses registered with the Pennsylvania Department of State (DOS) prior to January 1, 2002, including domestic and foreign corporations (profit and nonprofit), LLC’s, LLP’s, LP’s, and business trusts, the DOS is in the process of mailing out thousands of notices. The notices state that the business must file the “Decennial Report of Association Continued Existence” if they want to maintain exclusive use of their name. The business entity will still continue to exist regardless if it files the report, but another company could use their name. There is also a $70 fee due with the form. The DOS will begin processing the returned reports on January 1, 2011.
The DOS has listed a few exceptions to this filing requirement:
· If the business entity amends their DOS registration between December 31, 2002 and December 31, 2011.
· If the business entity is registered pursuant to 15 PA. C.S Section 4131 which requires annual renewal of their name.
· Corporations that had their officers updated with the Department of Revenue and forwarded to the DOS within the last 10 years.
It is important to note two things: the filing with the DOS is separate and distinct from the annual filing of tax returns with Pennsylvania’s Department of Revenue and there is no relief of this decennial filing requirement if the business does not receive the notice from the DOS, but is required to file.
If you have additional questions or comments on this decennial filing requirement, please contact me.