PA Publishing Requirement

The Pennsylvania Business Code requires businesses to advertise new fictitious name and certain business events. For simplicity, we’ve dubbed this “the PA publishing requirement”.

The PA publishing requirement comes as an unexpected expense to many first-time business owners. Publisher fees generally cost ~$200 but will vary based on the length of copy that must be published and the legal journals or newspapers chosen.

PA Fictitious Name Publishing

Whether you are a sole proprietorship/general partnership filing your primary business name or you are a business entity obtaining a secondary DBA name, the PA publishing requirement applies. Per PA Code §17.208(a), you must publish notice that contains:

1. The fictitious name.
2. The address, including street and number, if any, of the principal office or place of business of the business to be carried on under or through the fictitious name.
3. The names and respective addresses, including street and number, if any, of the persons who are parties to the registration.
4. A statement that an application for registration of a fictitious name is to be or was filed under 54 Pa.C.S. (relating to names).

You may file publication before or after filing the registration with the Department of State; however, if the state rejects your name application then publication would prove wasted expense. Notice must be published in the English language in two newspapers in the county of the principal office. One newspaper must be a legal newspaper, if any, designated by the Commonwealth of Pennsylvania.

Legal affidavits of publishing should be obtained from each publisher. Keep these in company records; do not submit them to the PA Department of State.

PA Incorporation Publishing

You must publish either your intent to file or the filing of the articles of incorporation. Waiting for approval of your corporate name will avoid re-publishing costs if your name is rejected. Per PA Code §23.31 the advertisement must contain:

1. The name of the proposed corporation.
2. A statement that the corporation is to be or has been organized under the BCL.

Notice must be published in the English language in the county of the registered office. One newspaper must be a legal newspaper, if any, designated by the Commonwealth of Pennsylvania and one must be a newspaper of general circulation.

Legal affidavits of publishing should be obtained from each publisher. Keep these in company records; do not submit them to the PA Department of State.