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PENNSYLVANIA: Notice to entities doing business in Pa. DECENNIAL FILING: What is it? The filing is a report of an entity's continued existence, or continued use of a name or certain marks. ( 54 P.S. sections 321,503, 1314 and 1515 ). The purpose of the filing is to identify business names or marks that are no longer in use so that they may be reissued and placed back into the stream of commerce. All domestic and foreign profit and non-profit corporations, limited partnerships, fictitious names, insignias and "marks" used with articles and supplies" that have not made a new or amended filing with the Corporation Bureau from January 1, 1990 thru December 31, 1999 shall decennially, during the year 2000 and every ten years thereafter, file in the Department a report that they continue to exist. 54 P.S. sections 321 (b), 503 (b) (1), 1314 (b), and 1515 (b). The decennial report must be filed prior to January 1, 2001 ( recently extended from January 1, 2000). What happens if an entity required to file a decennial report does not receive a notice about the filing requirement and fails to file one? Lack of notice does not excuse an entity from the obligation to file. 15 P.S. section 132(d). Are there forms to complete for the decennial filing requirement? Yes, report of continued existence for: a. Fictitious name: form number DSCB:54-321 b. Insignia: form number DSCB: 54:503 c. Mark used for articles: form number DSCB:54-1515 There is a $52 filing fee made payable to the Department of State that must accompany the filing. What happens if a required decennial filing is not made by a domestic or foreign profit or non-profit corporation or limited partnership? If any non-exempted entity listed above fails to file, it no longer has exclusive use of the name. The name is released and becomes available for any corporation, limited partnership or association registering to do business in the Commonwealth of Pennsylvania. 54 P.S. section 504 If an entity files the report late, and the name has not been assigned to another entity during the delinquency period, then the late filing entity may continue to use the name. 54 section 505 If you have any questions, you may contact the Pennsylvania Department of State at (717) 787 1057 or write : Pennsylvania Department of State 308 North Office Building, Harrisburg, Pa. 17120 For a free consultation, please contact us. Ó 2003 James
W. Pearson, Jr., All Rights Reserved FOR
ADDITIONAL INFORMATION CALL THE TOLL FREE HELP LINE 1-800-232-1477 E-mail: lawyer@lawwalk.com JAMES
W. PEARSON, JR. Chair of the Federal & State Credit Union Department & Coordinator of legal consultations under the Family Legal Care Plans offered to credit union members. |
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