Does your business need to file a decennial report? If you have received a postcard from the Pennsylvania Department of State Revenue Department OR have not made a new or amended filing with the Bureau of Corporations in Pennsylvania, this is your reminder to do your decennial report filing by December 31, 2021.
What is a Decennial Filing?
A decennial filing is a report that must be filed with the Bureau of Corporations and Charitable Organizations of Pennsylvania by each domestic or foreign business entity every ten years. The purpose of the decennial is to identify business names and marks that are no longer being used. Those not in use will be reissued and placed back into the stream of commerce.
The Bureau should have mailed you a notice to make a decennial filing at the registered office address of your entity. However, if your business did not receive this notice, it does not mean your business is exempt.
Also, you are required to submit a filing fee of $70 with each form. This fee should be made payable to the Pennsylvania Department of State.
Associations (all business entities) should complete the Decennial Report of Association Continued Existence form. For marks or insignias, complete the Decennial Report-Insignia or Mark Used with Articles or Supplies form.
Exceptions
There are exemptions to filing a decennial report. Any business entity that has made a new or amended filing with the Bureau of Corporations since January 1, 2012 does not need to file a report. Amended filings include:
- changes in the registered office address
- amendments in operating agreements or articles of incorporation, or
- changes to the officers of the company
If you are unsure whether your business is exempt from filing, call the Bureau’s customer service line at (717) 787-1057.
What if I Don’t File a Decennial Report?
If your business does not file a decennial report by December 31, 2021, you will no longer have exclusive use of its name. Your business can continue to exist, but the name will be available for any corporation to use.
While you may file the decennial report after 2021 to get the name reinstated with the Pennsylvania Department of State, you run the risk of losing the name or insignia if you do file late.
Wondering if any of your other business filings are out of date? Check out our related post, “How Healthy is Your Business Entity?”