Welcome to Start a Business’s guide to LLC registration in Kentucky. Limited liability companies can form as either for-profit, non-profit or professional businesses by filing with the Secretary of State in accordance with Chapter 275 of the Kentucky State Statutes.  This document can be submitted both online using an account with the Kentucky business registration website or by downloading of the PDF of the Articles of Organization and mailing it to the office of the Secretary of State. The filing fee will remain at $40, as it does with all domestic entities in Kentucky, and can be paid with either your credit card (online) or by check (mail).

It is required that all businesses in Kentucky operate under a unique name which is distinguishable from that of any other entity. The online filing process for domestic LLCs (which we highly recommend using) has incorporated a name availability search into its forms. However, those who have decided to take the PDF filing route will find it useful to conduct a Business Entity Search to research the availability of their chosen name prior to filing with the Secretary of State. In the case that it is available, you may reserve your name for up to 120 days before submitting the formation documents.

How to File (Online)

Step 1-  Navigate to this webpage which will provide you with the fields necessary for logging into your online account. If you aren’t currently signed up with the Kentucky Business One Stop Portal, review our tutorial on the account registration process here.

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Step 2- Your home page will give you a number of options, click on the Registration Services to file your LLC. On the subsequent page, select the option on the left to continue to the necessary business registration page.

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Step 3- Here, begin by selecting the “A business that will be formed in Kentucky” option. In the dropdown menu, choose between LLC, non-profit LLC or professional LLC.

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Step 4- Following the disclaimer, you will need to enter the Registration Contact Information including the name, email and phone number of that individual.

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Step 5- Here is where you’ll be able to conduct the business name search to see if your chosen name is usable in Kentucky. Be sure to choose the appropriate suffix in the drop down menu to the right of the search bar. Check off the box that states that you agree with the disclaimer then click search. Once you’ve settled on an available name, you’ll have to check off the Yes bubble and click Next.

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Step 6- Here, you will need to supply the registered agent type, full name, contact information and address.

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Step 7- You can supply the principle office address Next. If you wish to keep it the same as that of the registered office, simply check the box that indicates that this is the case and select the address from the drop down menu.

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Step 8- The business information section will ask you to specify whether the LLC is to be managed by the initial members or by hired managers. Non-profit LLCs will be required to incorporate their purpose of being organized into the form as well.

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Step 9- You can now add a business representative. The red writing at the top underneath the heading will indicate the minimum personnel to be added to the form. Chances are, you will be required to add another organizer. Choose in the drop down menus whether it’s an individual or business and the business representative type. Then supply their full name, address and contact information. Once all required representatives have been added, you will be able to click Next and continue on with the form.

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Step 10- If there is to be an effective date different from the day of filing, enter it here.

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Step 11- You can elect to add a new business administrator or choose yourself by clicking Make me the One Stop Business Administrator.

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Step 12- Provide the e-Signatures of the representative and the registered agent as well as the date of signing.

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Step 13- You can now review all the information you’ve submitted to insure that it is 100% complete and accurate before continuing to the payment of the filing fee.

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Step 14- You can select the payment type and review the organization fee in the payment summary window. Click Next to enter your credit card information and finish the online filing process.

kentucky-lp-online-15How to File (PDF)

Step 1- There are three separate Articles of Organization forms for each LLC type but they all demand very similar information from the filer. Begin by downloading the document which is appropriate for your LLC type, either the Professional, Non-Profit or Profit Articles of Organization.

Step 2- The following will be required of those filing as a professional llc:

  • 1-Name of LLC
  • 2-Address of registered office and name of registered agent
  • 3-Mailing address of principle office
  • 4-Whether the LLC is managed by members or managers
  • 5-The profession practiced by LLC
  • 6-Delayed effective date (if applicable)
  • Signature, printed name of all organizers as well as date of filing
  • Registered agent consent, printed name, signature and date of filing

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The organizers of non profit LLCs will be require to enter this information into their registration form:

  • 1-Name of LLC
  • 2-Address of registered office and name of registered agent
  • 3-Mailing address of principle office
  • 4-Whether the LLC is managed by members or managers
  • 5-The purpose of the LLC
  • 6-Delayed effective date (if applicable)
  • Signature, printed name of all organizers as well as date of filing
  • Registered agent consent, printed name, signature and date of filing

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Standard limited liability company registration can be completed by submitting the following info into the form:

  • 1-Name of LLC
  • 2-Address of registered office and name of registered agent
  • 3-Mailing address of principle office
  • 4-Whether the LLC is managed by members or managers
  • 5-Delayed effective date (if applicable)
  • Signature, printed name of all organizers as well as date of filing
  • Registered agent consent, printed name, signature and date of filing

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Step 3- Paper filers will need to pay the fee of $40 through a check made payable to the Kentucky State Treasurer. Attach this check to the registration form and send both items to the office of the Secretary of State (address below).

Office of the Secretary of State, Records Branch

P.O. Box 718, 700 Capital Ave., Ste. 156

Frankfort, KY 40601

Tips

EIN – New businesses, upon formation, will be required to apply for an Employer Insurance Number. This number will allow them to be identified by the IRS for tax reporting purposes. The EIN is very similar in nature to the Social Security Number and will be required when opening checking and savings accounts, applying for corporate credit cards or undertaking any other financial maneuver. The EIN can be applied for either Online using the IRS website or through PDF Form SS-4 and will cost filers no additional fee.

Operating Agreement– This internal document is drafted by the initial organizers of a limited liability company to lay the foundation of how the company shall conduct it’s affairs. This agreement will contain provisions surrounding the nature of the management, the capitalization of the initial members, the allocation of assets upon dissolution and any other financial or managerial responsibility/right that the company deems necessary. The document will serve as the only legal representation of the rules and regulations on how your company will govern itself. Click on the link found at the beginning of this paragraph to access our free template available in Adobe PDF and MS Word formatting.

Renewal– All businesses will be required to fill an annual report between the 1st of January and the 30th of June of each calendar year. This report will make it possible for the office of the Secretary of State to stay updated on all business activity and managerial changes which may have occurred over the previous 12 months. A filing of this variety can be completed online in similar fashion to the filing for a Certificate of Existence. Those failing to file in time will no longer retain the standing of “good” and will risk dissolution if enough time passes without reporting to the Secretary of State.