By: Marian A. Kornilowicz
The Pennsylvania Department of State Corporation Bureau (Corporate Bureau) identifies entities that may no longer be in existence in order to make their names available for use by new active entities. To make sure your business name is protected, most Pennsylvania businesses are required to file a report called the “Decennial Report of Association Continued Existence” (the Decennial Report) every 10 years. 54 Pa.C.S.A. §503.
Specifically, “associations,” which include in this context most foreign and domestic corporations, limited liability companies, limited partnerships, and business trusts, must file a Decennial Report with the Corporation Bureau between January 1, 2011 and December 31, 2011, unless the “association” came into existence after January 1, 2002 or had made another filing since that date (e.g., an address or name change).
If an “association” fails to file a Decennial Report prior to January 1, 2012, and is not exempt from doing so, it shall no longer be deemed to be registered and will lose the exclusive right to its name. After January 1, 2012, any other business entity may request and use the name. A late filing of a Decennial Report would reinstate the name of the “association” unless its name has been appropriated during the period of the delinquency. 54 Pa.C.S.A. §504.
If you require any assistance in the filing of a Decennial Report or have any questions relating to Decennial Reports or any other corporate matter, please contact Marian A. Kornilowicz at 215 564-1700 or firstname.lastname@example.org.
Marian A. Kornilowicz is the chair of the Business Practice Group of Cohen Seglias Pallas Greenhall & Furman PC. His practice is concentrated in the representation of clients in varied business transactions and real estate matters.