The Kentucky Secretary of State website, Kentucky Business One Stop Portal, has enabled business owners to register their limited liability companies online to avoid the hassle of the mailing in their application forms. Foreign and domestic entities alike will enjoy the accessible online portal when filing for formation or authority, although those who are less technologically inclined will still be able to file the necessary paperwork by downloading the Articles of Organization (domestic) or Certificate of Authority (foreign) in PDF format. Regardless of your filing method, you will be required to pay a filing fee equaling $40 for domestic LLCs and $90 for foreign. All forms will need to be completed and submitted in accordance with Chapter 275 of the Kentucky State Statutes.
How to File
Step 1- The first step in forming your LLC, or in applying for authority to conduct business, is in researching the availability of your chosen name. This task can be accomplished either by registering online and utilizing the name availability search on the online application, or by performing your own Business Entity Search. Foreign entities whose names have been registered by another company will be required to function using a fictitious title for the duration of their term in Kentucky. A Name Reservation can be performed ensuring that your desired name will not be applied for by another company for a period of 120 days prior to your filing with the Secretary of State.
Step 2- Providing that you’ve chosen an available name for your company, you can continue by filing the necessary paper work online or through the PDF application. Those opting to file online will be required to do so using their account with the Kentucky Business One Stop Portal. A tutorial can be found here for those who have yet to create an online account. Both foreign and domestic registration processes have been covered in the tutorials linked below.
Step 3- Now that you’ve completed the required registration forms in their entirety, you will be able to pay the filing fees associated with your filing type. Domestic entities will be required to pay $40 while foreign business will be charged $90. If you’ve filed online, you will be able to cover this fee through payment with a credit card. Paper filers will need to attach a check made payable to the Kentucky State Treasurer.
Step 4- Filers who’ve chosen the online filing route will have completed the process with the payment of their filing fee. Organizers who decided to download the PDF application will need to mail the completed form with the filing fee to the below address and await correspondence from the Secretary of State.
Office of the Secretary of State, Records Branch
P.O. Box 718, 700 Capital Ave., Ste. 156
Frankfort, KY 40601
EIN – The Employer Identification Number is used by the IRS to identify each employer in the United States paying employee taxes. It is used by limited liability company organizers to open bank accounts under the company name, register for business loans or apply for credit cards. Essentially any financial transaction will be inaccessible to business owners without an EIN. To apply for one, you can use the Online registration form or the PDF Form SS-4.
Operating Agreement– Newly formed businesses would be wise to incorporate an operating agreement into the organization of their LLC. This document will allow for the organizers of a company to instill the various rules and regulations used in the management and government of their employees. We recommend that those without an agreement of this nature take the time to review the free template we’ve offered (found linked in the heading of this paragraph) and have each of the initial organizers agree to it’s terms before filing it for their own personal reference.
Renewal– Every business entity in Kentucky is required to file their annual report between the 1st of January and the 30th of June of each year. This filing can be completed easily online using the business entity search function on the Secretary of State website. The report will be used to update the office of the Secretary of State of any changes which may have occurred over the past year. Those failing to do so will no longer remain in good standing and will risk dissolution if they allow enough time to pass.