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New Expedite Procedures in Place that No Longer Require the Name to be Reserved

Reminder:  Restricted Professional LLC's and all LLP's must file an Annual Registration (see below)

New Expedite Procedures in Place that No Longer Require the Name to be Reserved

Reminder:  Restricted Professional LLC's and all LLP's must file an Annual Registration (see below)

News Updates

PA Annual Registration Reminder - Restricted Professional LLC's and all LLP's

The following is an important reminder received by our sister company AAAgent Services, LLC which provide Commercial Registered Office services to our clientele.    While this note applies to LLP's, please remember that the same registration requirement also applies to Restricted Professional LLC's.  

Note:  We were just informed that starting in a few days, the Bureau will be rejecting "dissolution's" of domestic RPLLC's and LLP's and "foreign registered" RPLLC's and LLP's if there is a lien against the company for failure to file/pay annual registration(s)/fee(s).

The following is the "Reminder" from the State:

Every domestic registered limited liability partnership and every foreign registered limited liability partnership in existence on December 31 must file a Certificate of Annual Registration (CAR).  Reminder letters will be mailed during the last week of January.  CARs are required to be filed by April 15, 2014.  Each year, the Department files liens against entities that have not filed their CAR.  However, the liens are not filed until May 15.  Many of these entities have the address of a commercial registered office provider as their address. We would encourage all to ensure that the Bureau has correct address information on file for your clients.  As a result of Act 67 of 2013, the fee to file a Statement of Change of Registered Office was reduced from $70.00 to $5.00.

2-13-14 PA State Offices Closed

The PA State Offices in Harrisburg are closed due to the current snow storm.  Please add one or more days to any expected turn around times for filings, searches and document returns.

For those of you who are lien certificate customers, we received word yesterday from the Department of Revenue  that we can expect two significant batches of lien certificates over the next two work days so that should clear most of the backlog.

We will send another update if we find out that there will be a delay or closing on Friday.  

Our office is slightly open today (with one slight person here) but we should be open tomorrow despite the State's schedule.

PA - State Offices in Harrisburg are Operating on a Three Hour Delay

2-5-14:  State offices in the Capital Complex are operating on a three hour delay and that could turn into another day off judging upon the condition of city streets.  Please add that time to any estimated turn around times for work you have ordered.  Reason:  Ice, Snow and Freezing Rain Storm.  Expedited services will be delayed accordingly. Because the State was closed Monday, the Bureau very graciously extended the 10 AM deadline until 12 Noon on Tuesday.  Give us a call if you need to use this service today.  We receive periodic notices from the Bureau of Corporations and Charitable Organizations.

Esquire Assist will be at least partially staffed all day.

Corporation Tax Lien Certificates:  Just a note to let all of you know who order Lien Certificates with us that the state has developed a rather long backlog (as much as two weeks or more) for processing new lien certificate requests.  We were told that this is due to staff shortages from illness.  When ordering lien certificates please plan ahead as much as possible.

Fee Increases:  Due to the ever increasing cost of health care and now the skyrocketing cost of parking in downtown Harrisburg it will be necessary for us to increase our rates.  The increase will be modest.  Did you know that our base fee is the same today as it was in 1982?  And many of our other rates have only been modestly increased throughout the years.  Thank you for understanding.  As usual, any complaints can be lodged with the President (of the company).  But feel free to lodge your complaints with the other guy also.

If you must go out today we suggest cleats on your shoes.

 

 

Emergency Snow Closing at PA State Office and update on Expedited Procedures

Topics:  Snow Closing and Expedited Procedure

2-3-14:  The PA State offices in Harrisburg (which include all three state level courts and the PA Bureau of Corporations and Charitable Organizations) have been closed today as a result of a late night/early morning snow storm.  Please add a day to all expected turnaround times for various matters.

Expedited Filings:  The new expedited filing service has been in effect since 6 January 2014 and it appears to be working very well.  We can report that the state's procedure is working as planned and we have not experienced any problems with the Bureau’s execution of the expedited requests.  In short, they get an A+.  While we are still opposed to the "forfeiture rule" with regard to rejected expedited filings, we feel the Bureau has done a great job in working out the bugs before the system was started.

Just a reminder that almost any services offered by the state can be expedited, including UCC filings, document requests and “Official” UCC searches (we guess that some large searches may exceed the time needed for expediting).  The expedite order must be submitted over the counter and cannot be mailed or overnighted  to the Bureau.

New Expedite Procedures & Early Closing 12-31-13

Greetings,

Please note that the State of PA will close its Business Filings office early on December 31 (2 PM).  We will need to have any last minute filings by no later than 12 Noon.

The big news follows...

The new expediting scheme here in PA will activate on the 6 January, 2014 and will apply to Company and UCC filings.

Be warned though, the Bureau is employing an extremely harsh financial approach toward payment for the expediting service. Unlike the procedure in Delaware where payment of one expedite fee will cover your filing until approved, Pennsylvania is following the California path of taking an expedite fee when submitted and, if rejected, another expedite fee upon resubmission (assuming that you still want to expedite at that point).

The procedures are set forth in more detail in the Penna. Bulletin by clicking the following link:  http://www.pabulletin.com/secure/data/vol43/43-51/2397.html

While most all of you understand that filings submitted through our office are NOT guaranteed to be approved, we need to remind you that, while we do try to catch pre-submission problems, we do not guarantee that any filing will be approved on the first submission. As you all know, our small filing fee is good for each filing no matter how many times it needs to be resubmitted. The "approvability" of the filing remains your responsibility and that includes payment of PA state expediting fees.

We would suggest that you bypass the $1,000 one hour expedite fee unless you have obtained pre-clearance of your document prior to submission.   Once pre-cleared, and assuming that no changes were made on the document and any problems found were corrected, the Bureau then must waive taking any additional expedite fee if they reject the document for a reason they failed to find during the pre-clearance.

We will be going over the procedures (which we have previewed in previous alerts) in more detail from now until the 5th of January.

Here are some quick points for consideration:

1). Name reservations are no longer required, but restricted name letters must still accompany the filing.

2). Filings can only be expedited over the counter. They cannot be submitted via overnight delivery. 

3). Large expedite fees can be payable with your credit card on our site using PayPal, and the nice thing is that no PayPal account is needed.  Our filing fee will be increased to cover the extra work and the credit card processing fee but since our fees are so low to begin with you probably won't even notice.

More to follow.

Thanksgiving Holiday Special - Information

****NEWS JUST IN***

 THE STATE WILL CLOSE THEIR OFFICES AT 3 PM ON WEDNESDAY AND DON'T FORGET, THEY ARE ALSO CLOSED ON FRIDAY

Greetings and Happy Thanksgiving to all..

We here at Esquire Assist would like to wish you all a very Happy Thanksgiving.  Perhaps one thing we can be thankful for is that the day is still called Thanksgiving and not Black Thursday (given that Black Friday is ever encroaching into Thanksgiving Day).

We do have some news to share with you that has to do with Act 67 of 2013 otherwise known as the General Association Act Amendments Act of 2013.  What you need to know in a nutshell is the following:

1)  Filing Fees are generally no longer refundable.  If you abandon a filing you lose the filing fee.  That means that when we send you our invoice for an attempted filing that full state fee will be included.  If you decide to resubmit the filing, we are told that the credit will be there waiting for you even if you decide a year from now.  The 30 period still remains in effect for retaining the original filing date (when possible - which is generally, but not always, always).  But don't try to submit a new filing with an old rejection sheet because any resubmitted filing must show some connection to the rejected filing.

2)  Other provisions were made in the act for Nonprofit governance, Benefit Corporation reporting changes, a broadening of the LLC authorization to now include banking institutions and new filings for Unincorporated Associations.  See the PA Department of State summary linked here.

3)  The really big change authorized by the Act but not yet in effect  is the provision for new expediting services.  We were hoping that the option below would be in effect by the big year end rush but as of a search today in the PA Bulletin no notice has been published that we could find with regard to the institution of this new service.  As we have hinted before, when these services become effective you will be able to:

    a) File documents on an expedited basis WITHOUT A PRIOR NAME RESERVATION OR CONSENT;

    b) File using the 1 hour service (4 PM cutoff) for $1,000

    c)  File using the 3 hour service (2 PM cutoff) for $300

    d)  File on a same day basis (10 AM cutoff) for $100

Note:  These fees are in addition to the regular filing fees authorized by the statute and our fee of $55 for expedited filings (we will now be required to complete a special expedite submission form and we will make special runs to the state as needed, hence the higher fee for expedited filings).

Lastly, as an attorney service company we are excited about the future prospect of being able to prepare and submit your filings electronically, using the data you email to us. That has the potential of saving your office staff a huge amount of time. For now, though, electronic filing is still some time from being a reality.

 

We hope you all enjoy your Thanksgiving Day holiday and get some much needed rest to prepare yourselves for the upcoming December Blitz.

UCC Grace Period Expires 7-31-13 - New Forms Must Be Used Starting Tomorrow 8-1-13

Starting 8-1-13 you must start using the new UCC forms for all filings as the statutory grace period expires today (7-31-13) at the close of business.  The new forms have been on our site since the statute was signed by the Governor.

 
Also, Senate Bill 304 PN 1210 was signed by the Governor a short time ago.  This act contains some significant changes to the General Associations Act of 1988 as amended.  The new expediting procedures (discussed in previous alerts) will drastically change the time it takes to have a filing approved. More on that will follow in the next Alert.  The new expedite options will take effect once the PA Bureau of Corporations and Charitable Organizations is ready to implement them and has noticed them in the PA Bulletin. 

UCC AMENDMENTS BILL SIGNED BY GOVERNOR:

UCC AMENDMENTS BILL SIGNED BY GOVERNOR: 

Harrisburg, PA:   We have word that the Governor (of PA) signed the UCC Amendments bill on Thursday, June 27th, 2013.  The new forms have been uploaded to our website and the old forms have been removed.  The State of PA will accept the old forms until July 31st.  As of Thursday, August 1, 2013 the new forms MUST be used or the filing will be rejected.  Remember, UCC filings, unlike business filings, do not retain the original submission date if rejected. The date of filing will be the date of final submission upon acceptance.

More information will be sent out next week as it becomes available.

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