ACT 43 of 2000 has altered the requirements of the Decennial Filing. The Decennial Filing deadline has been delayed from December 31, 2000 to December 31, 2001. In addition, Fictitious Names are no longer subject to the Decennial Filing.

Q. What is a decennial filing?
A. In general, it is a report of an entity's continued existence or use of certain marks. 54 P.S. 503, 1314, 1515. The legislative intent for requiring these filings 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.

Q. Who is required to file a decennial report?
A. All domestic and foreign profit and non-profit corporations, limited partnerships, 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, 2000 shall decennially, during the year 2001 and every tenth year thereafter, file in the Department a report that they continue ot exist. 54 P.S. 503(b)(1), 1314(b), 1515(b).

Q. When are the above required to file the decennial report?
A. The decennial report must be filed prior to January 1, 2002.

Q. What if an entity required to file a decennial report does not receive a notice?
A. Failure by the Department to give notice to party, or failure by a party to receive notice of a decennial filing requirement does not relieve a party of the obligation to make the decennial filing 15 P.S. 132(d)

Q. Will there be forms to complete for the decennial filing requirement?
A. Decennial Report-Insignia, form number 54-1314, Decennial Report of Association Continued Existence, form number 54-503 or Decennial Report-Mark Used With Articles or Supplies, form number 54-1515 will accompany the notice, or may be obtained from M. Burr Keim Company by clicking here.

Q. Is there a fee associated with the filing of the Decennial Report?
A. The filing fee is $52, made payable to the Department of State.

Q. What are the consequences if a domestic or foreign profit or non-profit corporation or limited partnership does not file a Decennial Report?
A. If any non-exempt entity listed above fails to file a Decennial Report prior to January 1, 2002, 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. 504.

Q. What are the consequences if an entity with a registered insignia or a mark used with articles and supplies does not file a Decennial Report?
A. If an entity having a registered insignia or "mark used with articles and supplies" does not file a Decennial Report prior to January 1, 2002, it shall no longer be deemed to be registered. Such registration may be restored only by the filing of an original application for registration. 54 P.S. 504.

Q. What if a Decennial Report is filed after the deadline?
A. A corporation or limited partnership which has failed to file the report may do so at any later time, which filing shall reinstate the name of the corporation or limited partnership on the register unless its name has been appropriated during the period of the delinquency. 54 P.S. 505