The state of Pennsylvania requires LLCs to file an annual report to show the business is still operating and in compliance with relevant laws. Even though the report is referred to as the annual report, it’s really known as the decennial report.

Pennsylvania is currently the only state that requires a business to file a report every 10 years. This requirement may change over time and it’s crucial to keep annual compliance and remain in good standing with the state, if eventually that requirement will change. If your LLC is dissolved before the filing period, you aren’t required to submit a decennial report as the business is no longer in existence. However, if your LLC hasn’t been dissolved or is still in operation, you are required to file a decennial report to remain in good standing with the state. 

Here’s what you need to know about the decennial report and why it’s required after you create an LLC in Pennsylvania. 

What is a decennial report?

Most states require LLCs to file an annual or biennial report to keep their business in good standing. In Pennsylvania, LLCs have to file their report every 10 years, and in years that end in one. Anyone who forms an LLC in the near future won’t need to file their decennial report until 2031. 

The main purpose of the decennial report is to identify business names and marks that have been abandoned or are no longer in use by their owners. This allows the state to put the names back into use by those who want to form an LLC and use a previously unavailable name or mark. 

All LLCs in the Commonwealth of Pennsylvania are required to file a decennial report if the business is still in operation or you want to keep the LLC active even though you’re not currently using it for business. 

It costs $70 to file the decennial report, and it can be submitted by mail to the Department of State (DOS). 

Pennsylvania LLC decennial report requirements

The Decennial Report of Association Continued Existence requires supplying information that includes the name of the LLC, its address, registered office or corporate registered office provider (CROP), and a signature of the responsible member of the LLC. 

The information needed for the form includes:

• Name of the LLC
• Address of the current registered office or CROP
• Address that the registered office or CROP is to be changed to (if applicable)
• Attest to the fact that the Association has not made any filing between January 2022 and January 2031
• Attest to the fact the Association still exists
• Fill out the name of the Association once again
• Signature of the responsible member
• Title of responsible member

Note that the current decennial report for Pennsylvania is dated from 2012 to 2021. The form may or may not change between 2022 to 2031, and you won’t need to concern yourself with any changes until the time comes to file your decennial report. 

How to file a decennial report in Pennsylvania

Filing the decennial report in Pennsylvania is straightforward and easy. Since you’re required to file every ten years, the state makes the filing requirements generous and flexible. 

Due dates

The Department of State sends out a reminder card notifying all LLCs of the decennial filing requirement. The filing period for the report begins on January 1, 2031, and ends on December 31, 2021. 

File by mail

Currently, the only way to file a decennial report with the DOR is by mail. It’s unknown at the current time if the state will allow electronic filing in the future. In order to file your decennial report, you must mail it with a check or money order for $70 to:

PA Department of State

PO Box 8722

Harrisburg, PA 17105-8722

Fill in the form with the above information requirements

Make sure that the form is filled in correctly and has the required information. There’s an instruction sheet attached to the report form that tells you how to fill out the form properly.

Fill in the form with the above information requirements

Make sure that the form is filled in correctly and has the required information. There’s an instruction sheet attached to the report form that tells you how to fill out the form properly.

File with a compliance service

The fact that you’re required to file your annual report every 10 years in Pennsylvania can cause you to overlook the filing requirement. At Tailor Brands, we can eliminate the potential for oversight on your behalf by filing for you. You don’t have to worry about losing your business name or marks when you sign on with our registered office service. 

What happens if you fail to file on time?

There are few consequences for failure to file your decennial report on time. However, the fact that the report is filed every 10 years means that changes can be made in between the decades. It’s a good idea to keep abreast of any changes to the decennial report. Alternatively, you can rely on your CROP to keep an administrative calendar on behalf of your LLC and inform you of any changes to the decennial report. 

Late fees and fines

There are no late fees or fines associated with failure to file the decennial report in a timely manner.

Penalties

In the event a non-exempt entity, such as an LLC, doesn’t file its decennial report between the first day of the filing year and the last day of the filing year, it no longer enjoys the exclusive use of its name as of January 1 of the next year. The business remains in existence, but it can lose its name to any other corporation registering to do business in the Commonwealth of Pennsylvania. 

If the LLC has a registered insignia or mark, the mark becomes unregistered and available for other businesses to use. 

Dissolution

Pennsylvania does not dissolve businesses that fail to file its decennial report. The business can file to reinstate itself at any time after the first day of the year after the annual report was due. If the business name was taken by another business, it has to refile for a new name. 

Conclusion

Filing the decennial report is important to the ongoing operation of your business, but it’s something you don’t have to think about on an annual or biennial basis. You need to make sure that it’s filed when the time comes to maintain compliance with the DOS and retain your name and marks. If you intend to operate your business in Pennsylvania for the long term, you’ll want to pay attention to the calendar to keep your business in good standing for the following ten years, or use Tailor Brands’ commercial registered office provider services and eliminate the pressures of staying in compliance. 

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