Upcoming Deadline: The Pennsylvania Decennial Report

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The Pennsylvania Decennial Report is due by December 31, 2021. The report notifies the Commonwealth of Pennsylvania that the name of the entity or a registered insignia or mark of the entity is still being used in Pennsylvania.

All domestic and foreign entities registered in Pennsylvania, including business corporations, non-profit corporations, limited liability companies, limited partnerships, limited liability partnerships and business trusts, must file the report. The form of the report to be filed is called the “Decennial Report of Association Continued Existence” and includes a $70 filing fee.

Any entity with a registered “insignia” or “mark used with articles and supplies” must file the report. An “insignia” is a name, badge, motto, label or other symbol registered with the Commonwealth. A “mark used with articles and supplies” is a word, name, picture or other symbol that represents items designed for reuse in the course of a trade and indicates ownership of the articles or supplies (for example, towels and uniforms). The form of report to be filed is called the “Decennial Report – Insignia or Mark Used with Articles or Supplies” and includes a $70 filing fee.

There are limited exceptions. If, during the prior ten-year period, the entity made a new or amended filing with the Department of State (other than a name reservation or registration of name of a non-registered foreign association) or submitted officer information to the Department of State, then the entity is not required to file the reports.

There are serious consequences for failing to file the Decennial Report by December 31, 2021. The entity will lose the exclusive right to use its name and its name will be available for registration and use by other parties. Likewise, an insignia or mark used with articles and supplies will lose its registration and an entity will need to file an original application to register the insignia or mark, so long as it has not been registered by someone else.

If you have any questions about the Pennsylvania Decennial Report, including whether or not your business is required to file it, please contact Shamila R. Ahmed at 201-498-8516 or sahmed@archerlaw.com, or any member of Archer’s Business Counseling Group.

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought