Tuesday, March 11, 2008

Filing for a LLC in Pennsylvania when is it necessary to have Consent to Appropriation or Use of Similar Name? -

Bought into a Income Tax Franchise and I m filing for an LLC in Pennsylvania. Confused about the steps in filing for an LLC in PA such as the Docketing Statement (DSCB:15-134A) and Consent to Appropriation or Use of Similar Name (DSCB:17.2.3 ). Are these two forms even necessary?

I am not a lawyer, and I haven t done any LLCs in PA, but it looks pretty straightforward. You need to file a Certificate of Organization and a docketing statement. The docketing statement is easy. If you need help, find a consultant or a lawyer, or go to SCORE. All the docketing statement needs is what org you are going to be, and your information (PA LLC, and entity name, contact person name, address, etc.) I think that is just like a cover sheet to the Cert of Organization, and it probably announces the LLC formation to the Department of Revenue. Certificate of Organization is your application to be an LLC. The Consent to Appropriate or Use of Similar Name seems to be when one entity is taking over the name of another because the other is going out of business, or not doing biz in PA anymore. I don t think it has anything to do with using the franchise name. I would check with your franchisor to see if their legal department can help you register your LLC, or at least give you advice about how to fill it out if you have any questions.

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