How to Conduct a Kentucky Business Entity Search

According to the Kentucky Secretary of State, there are roughly 370,000 registered business entities in the state. Although the NAICS shows a figure much smaller than 194,626, that source may only be calculating small businesses.

Some of the benefits of registering a business in Kentucky include limited personal liability, credibility with customers and investors, and potential tax benefits. Specifically, a Kentucky Limited Liability Company (LLC) provides a separation of personal and business assets, offers flexible management, and allows for pass-through taxation. The state also offers programs, such as the Kentucky Small Business Tax Credit (KSBTC), which provides financial assistance ($3,500-$25,000/year) to qualifying businesses. Registered businesses have a stronger foundation for securing loans or investments than unregistered businesses. Registering the company provides a legal framework for its operations, which can be crucial for future dealings and contracts with third parties.

The most common types of businesses in Kentucky are manufacturing, healthcare, real estate, and logistics. These industries are followed closely by agriculture and food and beverage production. Manufacturing is the largest single contributor to Kentucky's economy. Kentucky serves as a shipping hub due to its location, with major companies like Amazon and UPS having a significant presence. Kentucky is known for producing tobacco, soybeans, and corn, with farming being a key economic component. The state is also a big producer of bourbon.

Allowable Entity Types in Kentucky

Kentucky allows for several business entity types, including Sole Proprietorship, Partnership, Limited Liability Partnership (LLP), Limited Partnership (LP), Limited Liability Limited Partnership (LLLP), Limited Liability Company (LLC), and Corporation. These structures differ widely in terms of liability, taxation, and formality.

The most common business entity in Kentucky is a Limited Liability Company (LLC), due to its popularity as a flexible and user-friendly structure that combines liability protection with pass-through taxation. It is the most common choice for private practices and is often preferred by small to medium-sized businesses for its simplicity compared to a corporation.

Why Search for a Kentucky Business Entity

There are many reasons to search for a Kentucky business entity. The most common reason people look into a Kentucky business is to verify its legitimacy and business legal status. Other reasons include checking for name availability and conducting due diligence.

A few of the many reasons to search for a Kentucky business include:

• Name Availability: To see if a desired business name is already in use and meets state requirements. When registering a new company, you cannot use a name that is already in use.
• Legal Compliance: To verify that a business is officially registered, active, and in good standing with the state.
• Performing Due Diligence: To research potential partners, suppliers, or competitors, and to check the legitimacy of a company before investing.
• Information Retrieval: To find official details like the registered agent, company type, and key officers listed on the most recent annual report.
• Market Analysis: To understand the competitive landscape by reviewing existing businesses in a particular industry.
• Ensure Legal Compliance: Registering a unique name is a requirement for forming an LLC or corporation. Searching beforehand is a necessary step to comply with these rules and avoid legal issues later on.
• Track Your Own Business Registration: You can also use the search to find details about a business you already own, such as its registration number or filing history.
• File Annual Reports: You may also use the search function on the Secretary of State's website when filing annual reports for existing businesses.
• Obtain a Certificate: To see if a business is eligible for a Certificate of Legal Existence, which verifies it is up-to-date on all filing obligations and is often required for loans.
• Prevent Legal Issues: Searching for an existing entity helps you avoid legal battles over trademark infringement and other name-related disputes.
• Ensure Tax Compliance: A unique business name is crucial for tax purposes, as it ensures your business is correctly identified and associated with its tax obligations.
• Confirm Registered Agent Information: Use the search to find the registered agent for an existing company.
• Investigate Potential Partners or Competitors: Researching a company can help you understand its history, structure, and regulatory compliance before making a business decision and jeopardizing your own company.
• Name Reservations: To see if a preferred name is available to be reserved for a limited time, which can help secure a domain name and other branding elements while preparing to register the business formally.
• Before Investing: Conducting thorough due diligence when acquiring or investing in a business.
• Trademarks: Searching for registered trademarks to avoid conflicts.

How to Search for Business Entities

Finding detailed information about a business entity in Kentucky is relatively straightforward. Anyone can conduct an in-depth review of a potential partnership or determine the legitimacy of a Kentucky business entity. To search for a Kentucky business entity, visit the Kentucky Secretary of State's business entity search page.

Choose your search criteria from the options below and review the results.

• Business Name: Enter the full or partial name of the business.
• Organization Number: Enter the business entity's organization number.
• City Name of Principal Office: Enter the city where the business's principal office is located.
• Zip Code of Principal Office: Enter the zip code of the business's principal office location.

The Secretary of State's business entity search page also offers a "search business by industry" feature, which allows you to view a list of Kentucky business entities based on industry type. Users may narrow the list by selecting the Kentucky county where the entity has the most significant employment or transacts the most business, the number of employees, and other options.

What Information Can You Find with the Secretary of State?

After entering your search criteria, click the "search" button to view a list of matching Kentucky business entities. In addition to the entity name, the search results will display the company's identification number (organization number), current status, and business type. Clicking on a specific business name will provide more detailed information about the entity.

How to Access Detailed Information

Once you click on the business name for the entity you would like to review, you'll be able to view detailed information, including, but not limited to:

• Date of Creation: The date the entity was incorporated or registered.
• Principal Office Address: The main office or location of the business.
• Registered Agent Information: The name and contact details of the registered agent responsible for receiving legal documents.
• Officers and Directors: Names of the company's officers and directors, if applicable.

If you need help navigating the search process, you may contact the Kentucky Secretary of State's office.

The Kentucky Secretary of State's website offers various services, including:

• Service Options: Online searches, filings, document requests, and status reports.
• Business Name Reservations: Reserve a name for up to 120 days for $15 using the Application for Reservation.
• Forms & Fees: Business forms, document samples, and fee schedules.
• Statements of Information: Annual reports and other important disclosure statements.
• Tips on starting a business: Access to the Kentucky Business OneStop for step-by-step help.
• Service of Process: Information for substituted service of process.

What Business Entity Information is Not Public

Although much business entity information in Kentucky is public, the names of owners and members are generally not. While you can find information such as the business name, type, formation date, and current officers on file, personal details, such as the private owners or members of an LLC or a private company, are not publicly listed in the Kentucky Secretary of State's records. DBAs or assumed names are also public.

Some business items that are not public in Kentucky include:

• Private Owner/Member Information: The names of the individuals who are the private owners, members, or shareholders of the business are not part of the public record filed with the Secretary of State.
• Detailed Financial Information: Specific financial records are not public.
• Individual Contact Information: Personal contact information for owners and officers is not public.
• Trade Secrets: Formulas, processes, methods, or other proprietary information that derives economic value from not being generally known to the public and is the subject of reasonable efforts to maintain its secrecy.
• Private Employee Medical Records: Medical and health insurance information.
• Customer and Employee Identifying Information: Identifying information like Social Security Numbers, driver's license numbers, and passport numbers.
• Revenue and Profit Numbers (unless a public company): Smaller companies that are not publicly traded can keep their financial data private.
• Financial Data: Bank and credit card numbers, as well as loan information.

How to Find EIN and UCC Records in Kentucky

You can find an EIN record in Kentucky by using the Kentucky Secretary of State Business Entity Search or the IRS Tax Exempt Organization Search for nonprofits. For public companies, check the SEC's EDGAR database, and for your own records, look at a W-2 or 1099 form.

You can find Kentucky EIN records by using EntityCheck's EIN Lookup tool.

To find UCC filings in Kentucky, use the UCC Index Search on the Kentucky Secretary of State's website to search by the debtor's name or file number. If the online search isn't sufficient, you may need to call or visit the Secretary of State's office, which is open Monday through Friday, 8:00 a.m. to 4:30 p.m. ET.

Find UCC filings easily using EntityCheck's UCC Filings search tool.

How to Find DBA Records in Kentucky

To find DBA (assumed name) records in Kentucky, use the Kentucky Secretary of State's Business Entity Search to look up businesses by name or entity number. If you're looking for information on sole proprietorships or partnerships, you will also need to check with the county clerk's office where the business is registered, as they file their DBAs at the county level.

EntityCheck Business Background Check Goes Further

An even more insightful way to search for Kentucky business entities and access additional information is to utilize EntityCheck's powerful search engine. Search quickly and easily by business name, EIN, owner, phone number, or email address. Along with the information above, you can dig deeper to find incredibly illuminating details such as:

• 
  UCC Filings

  Discover Uniform Commercial Code (UCC) filings, showing creditors' attachment to business assets. These files provide insight into the organization's financial stability by examining its standing debts and the risks they entail. Also find lien details, creditor and debtor information, filing and expiration dates, and collateral and asset claims.

• 
  Court Cases

  Evaluate a company's legal record to assess potential risks associated with its operations and identify any outstanding issues. Review bankruptcy filings, liens and judgments, federal court cases, litigation, and legal history of ongoing and past court cases.

• 
  Licenses

  Verify business credentials, including licenses, permits, and government certifications, as well as the educational backgrounds of decision-makers, to assess credibility.

• 
  Filing & Compliance

  Review a company's financial performance reports, DBAs (Doing Business As), and government Tax IDs.

• 
  Trademarks & Patents

  Find out what intellectual properties a company controls and review the details of any trademarks and patents it holds.

• 
  Registered Individuals

  Identify key decision-makers, registered agents, corporate officers, and leadership, even if this information is not readily available through official records.

Alternative Resources Beyond the SOS (Secretary of State) Search

The Kentucky Secretary of State's Office provides a wide range of information about businesses in the state. But you can also find a wealth of additional information by checking with other state agencies and offices.

The following agencies may hold relevant information about Kentucky business entities:

• Kentucky Secretary of State: The Kentucky Secretary of State is the state's Chief Election Officer and Chief Business Official, responsible for a wide range of duties including managing elections, maintaining business filings, and keeping official state records. Key responsibilities include overseeing business and service mark registration, managing the state's land records through the Kentucky Land Office, and keeping the Seal of the Commonwealth.
• Kentucky Department of Revenue: The Kentucky Department of Revenue administers tax laws for the state, collects a wide variety of both individual and business taxes, and provides guidance and assistance to help individuals and businesses understand and meet their tax obligations.
• Kentucky Uniform Commercial Code (UCC) Filing Office: The Kentucky Uniform Commercial Code (UCC) filing office, which is part of the Secretary of State, serves as the state's repository for public notices of secured transactions, such as financing statements (UCC-1 forms) filed by lenders against collateral. Its functions include receiving, filing, indexing, and retrieving UCC records; providing a public record to inform other creditors about a security interest in a debtor's assets; and allowing online searches for active UCC filings. It acts as a ministerial office, meaning it processes and files the documents as submitted without judging their legal sufficiency.
• Kentucky Bar Association: The Kentucky Bar Association (KBA) is a mandatory bar association that regulates legal professionals in the state to ensure high standards of competence and professional conduct. It manages the discipline of its members, provides continuing legal education (CLE) and resources for lawyers, and works to improve the state's judicial system and the public's understanding of the law.
• Kentucky Department of Insurance: The Kentucky Department of Insurance regulates the insurance industry to protect consumers by licensing companies and agents, approving insurance rates and forms, handling consumer complaints, and investigating fraud. It promotes a competitive insurance market through enforcement and provides public outreach and education to help consumers make informed choices.
• Kentucky Education and Labor Cabinet: The Kentucky Education and Labor Cabinet (ELC) is responsible for a broad range of services focused on education, from early childhood through postsecondary and adult education, and on workforce development, including worker safety and labor laws. Its mission involves educating the public, encouraging economic prosperity, employing and engaging employers, and enforcing labor and wage regulations. The cabinet oversees agencies like the Office of Adult Education, the Office of Unemployment Insurance, and the Kentucky Workforce Innovation Board to carry out these responsibilities.
• Kentucky Public Service Commission: The Kentucky Public Service Commission (PSC) regulates state-level utilities, including electric, natural gas, water, sewer, and telecommunications, to ensure fair rates and reliable service. Its duties include making decisions on rate cases, approving infrastructure, overseeing operations for safety and efficiency, and resolving consumer complaints. The PSC also works to balance affordability with reliability and helps utilities plan for future needs.
• Kentucky County Clerk's Offices: Kentucky County Clerk's offices are responsible for a variety of duties, including motor vehicle registration and licensing, voter registration and elections, and the recording and maintenance of public records such as deeds, marriage licenses, and court documents. They also handle tax-related services, like issuing property tax bills, and process other licenses and official documents.
• Kentucky Energy and Environment Cabinet: The Kentucky Energy and Environment Cabinet (EECC) is responsible for protecting Kentucky's environment and natural resources while supporting economic development and sustainable growth. Its duties include managing environmental programs, conserving natural resources, overseeing energy policy, and promoting sustainability through initiatives that foster job creation and resilience. The cabinet also manages superfund projects, inspects mining and logging operations, and ensures compliance with environmental regulations.

How to Find the Owner of a Business Entity in Kentucky

A quick online search might lead you to a business's official website, which sometimes contains information about its directors and public-facing executives. However, this type of information doesn't always accurately depict an entity's ownership structure. You may need to search government filings or other public record databases for detailed information about who owns a business entity in Kentucky.

Begin by visiting the Kentucky Secretary of State's business entity search page. This search tool provides detailed information on registered business entities in Kentucky and often includes the names of listed owners or officers. By following the outlined steps, you may be able to attain the information you are looking for.

Additional Resources for Business Ownership Info

Additional local resources that may help you identify local business owners include:

• Chambers of Commerce: Local chambers of commerce often maintain public directories of members, which sometimes include ownership details.
• Better Business Bureau (BBB): The BBB occasionally publishes business profiles, company ownership information, customer reviews, and complaints. Two BBB entities serve Kentucky: the BBB of Central & Eastern Kentucky and the BBB serving Greater Kentucky and South Central Indiana.
• Other Public Records: Business licenses, real estate records, and court documents involving the business entity may also provide ownership information.
• Company's Website: Some business entities may list information about their owners on their websites.
• WHOIS Lookup: Perform a WHOIS search to find the owner of the business's domain name.
• Professional Networks: Check sites like LinkedIn, which may list owners and key personnel.

Types of Owners and Their Roles

In Kentucky, business owners and leadership roles include legal structures such as sole proprietorships and corporations, as well as functional leadership positions such as CEO, COO, and managers in Operations, Marketing, and Human Resources. The state's business environment also includes support systems such as the Kentucky Entrepreneurial Coaches Institute (KECI), which emphasizes leadership development through various organizations.

Common Leadership Roles in Kentucky

• Chief Executive Officer (CEO) / President: Sets the overall direction and strategy for the company.
• Chief Operating Officer (COO): Manages the day-to-day operations of the business.
• Vice President (VP): Oversees specific departments and often implements the CEO's vision.
• Director of Operations: A senior role that focuses on the operational aspects of the business.
• Human Resources (HR) Manager: Responsible for hiring, training, employee relations, and ensuring compliance with labor laws.
• Marketing Manager: Develops and implements marketing strategies.
• Operations Manager: Manages daily business operations and ensures efficiency.
• Quality Control/Safety Manager: Ensures that products and processes meet quality and safety standards.

Different entity structures have various roles and types of ownership. Some individuals who have control over a company may not hold a traditional role within it. Leadership is a crucial factor to understand before working with a company.

Some of the more conventional roles within companies include:

• Shareholders (or Stockholders): They own the corporation by purchasing stock, which grants them voting rights to elect the Board of Directors and influence major corporate decisions.
• Directors: Directors set the strategic course for the corporation, make major decisions, and oversee the conduct of the officers.
• Officers: Officers, such as presidents (CEO) and secretaries, manage the day-to-day operations of the business and are hired and fired by the Board of Directors.
• Members: Members are the owners of the LLC. They can also serve as managers or delegate management to others. Members are typically protected from personal liability for the company's debts.
• Managers: Managers, whether members or non-members, are responsible for managing the business and affairs of the LLC.
• General Partners: They manage the business affairs as outlined in the partnership agreement. General partners are entirely liable for all business debts and obligations.
• Limited Partners: Limited partners have limited management rights. Their liability is typically limited to their investment in the business, providing them with some protection from business debts.

Red Flags to Look for When Searching Business Entities

Interacting with other companies can put your business at risk if you are not careful. Performing some due diligence and looking into a business is the best way to protect yourself. Some red flags to watch out for when searching for a Kentucky business entity include a lack of registration, an inactive or "bad" status in the Secretary of State's search, no registered agent, or a missing physical address. Other warnings are a complicated corporate structure, back-dated financial adjustments, a lack of a privacy policy, and no local business licenses.

Some general business red flags to look for include:

• Generic Contact Information: Using a free email service like @gmail.com or @hotmail.com instead of a business-specific domain can be a warning sign.
• Lack of Physical Address: The business may only have a P.O. Box or no physical premises listed.
• Poor Communication: Inability to reach a representative, unanswered calls, or a lack of a landline.
• Opaque Ownership: Lack of transparency about who owns or controls the company.
• No Online Presence: There is no website or online advertising to be found.
• Resistance to Due Diligence: The company is reluctant to provide information needed to verify its legitimacy.

Some more serious red flags include:

Entity Status Problems

The first thing to check is the business entity's status and standing with the Kentucky Secretary of State. Find out if the company is not registered with the Kentucky Secretary of State, or its status is listed as "inactive" or "bad".

If the business has not designated a Kentucky registered agent for service of process, this could indicate that it is trying to avoid legal obligations.

Another problem is failure to file annual reports. Check whether the entity has not filed its annual report by the June 30 deadline, which may lead to administrative dissolution.

If the business has not obtained the necessary local or city licenses or permits to operate, this is also a major problem. You can check with the county and city clerks to find out.

The most common entity status violations in Kentucky are failure to file an annual report, which can lead to being placed in bad standing or to administrative dissolution, and inability to maintain a registered agent and office, which can result in loss of authority to do business. Other common violations include tax fraud, such as underreporting income or sales tax evasion, and illegal activity, such as employee wage violations or labor law infractions.

Inconsistent or Suspicious Information

Always keep an eye out for missing or inconsistent information. Look for any inconsistencies in the registered agent's name, address, or other details. A lack of clear contact information can be a major concern.

Another red flag is a misleading name. A business name that is too similar to an existing one or that incorrectly implies government affiliation can be a warning sign that the company is attempting to deceive the public.

Be cautious if the company has no physical address on record or no EIN filed with the IRS.

Check that the information you have matches what is on file with the state, including the principal office and registered agent details.

The most common types of company fraud in Kentucky include asset misappropriation (theft or misuse of company resources), billing schemes (creating false invoices), and payroll fraud (employees misrepresenting hours worked or collecting pay for no-show workers). Other significant types include cyber-related fraud, such as business email compromise and phishing, which can lead to large financial losses.

Ownership and Management Concerns

Since business ownership in Kentucky may not be readily available, you might have to dig deeper to find out who owns the company. If their records do not clearly indicate who owns it, or if members appear to be fake rather than genuine individuals, that could suggest fraud or other criminal activity. Frequent turnover in leadership positions also suggests serious problems.

Hidden ownership, especially in high-risk industries, is also a significant concern, indicating possible drug trafficking or money laundering. Consider skip tracing or other background-check methods to learn as much as possible about the individuals running the company.

The most common types of employment lawsuits in Kentucky are wrongful termination and wage-and-hour disputes, often involving issues such as discrimination, retaliation, or failure to pay minimum/overtime wages. Other frequent claims include workplace harassment, such as sexual harassment, and claims related to on-the-job injuries or workers' compensation issues.

Financial and Legal Warning Signs

One of the most important things to check is financial warning signs, because if a company is insolvent, it might not be reliable, and if it is fraudulent, it could put you at risk. Be cautious of unsupported or unauthorized transactions, excessive voided receipts, or a large number of unsupported adjusted journal entries, as these can indicate financial irregularities.

Watch out for a complicated structure that is excessively complex, possibly indicating attempts to hide ownership or activities.

Another red flag is complex transactions, as reflected in the financial statements, where the number of transactions or transfers between multiple accounts is excessive.

Also, watch out for any back-dated adjustments. Financial records that have been adjusted for previous years, which could suggest "cooking the books".

The most common types of business lawsuits in Kentucky are employment disputes, breach of contract, and intellectual property infringement. Employment lawsuits often involve wrongful termination, discrimination, or wage/hour violations. Breach of contract cases occur when one party fails to fulfill its contractual obligations, while intellectual property lawsuits are filed when a business believes another entity has infringed on its patents, trademarks, or copyrights.

Compliance Gaps

Kentucky is home to many manufacturing and food service companies, both of which are highly regulated industries. Before partnering with any company, ensure they are compliant with local, state, and federal rules and regulations.

The most common business compliance violations in Kentucky involve wage and hour laws, including incorrect overtime pay, unpaid wages, and failure to provide proper breaks. Other frequent violations include workplace safety issues tied to OSHA standards and improper handling of employee and consumer data, as governed by laws such as the Kentucky Consumer Data Protection Act (KCDPA). A common violation is processing sensitive data without obtaining proper consumer consent. Businesses are required to have processes for responding to consumer requests regarding their data, such as access or deletion requests.

Connections & Affiliations

A company's connections and affiliations can tell quite a story. Sometimes one person runs multiple dissolved/failed companies. Look for repeat patterns of dissolutions followed by new formations. That is a significant indicator of potential fraud. One thing to be cautious of is a company with ties to organized crime figures and politically exposed persons (PEPs). If the company makes a concerted effort to conceal its actual owner or person in charge, that should be a clear warning to stay away.

Some red flags in broader business records include the following:

Inconsistent Public Records

Company filings don't match what's listed in:

• Court records
• Tax records
• Property ownership filings
• An example is that the registered address differs from the address listed in lawsuits or liens.

Poor Record-Keeping

• Missing meeting minutes (for corporations).
• No updated ownership/member list for LLCs.
• Lack of transparency in accounting records.

Regulatory Issues

• Fines, sanctions, or loss of licenses with state agencies.
• Businesses flagged by the Better Business Bureau or the Attorney General's office.

Unusual Patterns

• Very recent incorporation with sudden high activity.
• Foreign entities registered but not compliant with local laws.
• Shell-company indicators (multiple entities tied to the same registered agent at the same address).

Best Practices When Reviewing Business Entity Records

Utilize the best practices outlined below to maximize the benefits of your research. A business background check can take time, but it can yield a wealth of information that could help you avoid any costly mistakes.

• Cross-reference everything.
• Compare the UCC filing data with records from litigation and bankruptcy courts. Look for discrepancies between the documents.
• Check annual reports for consistency year-over-year.
• Research the owners of a company to detect possible bankruptcies, felonies, fraud, and other legal issues that could affect your business.
• Use business verification services or business background reports from EntityCheck.
• Keep in mind the context. For example, a single lien may not be alarming, but multiple filings, lawsuits, and frequent leadership turnover together signal real risk.

How to Register an Entity in Kentucky

Choosing a business entity name in Kentucky requires sensible consideration. The name must comply with Kentucky statutes and is not currently in use. This is for practical and legal reasons, such as copyright and trademark laws. While there is no available comprehensive list of business names registered in Kentucky, multiple databases may be searched to help you check if your desired name is available.

To set up a business entity or a corporation in Kentucky, you must register with the Kentucky Secretary of State. The Kentucky Secretary of State recognizes the following types of business entities, each with its unique filing requirements:

• Sole Proprietorships
• General Partnerships
• Corporations (Including S-Corporations and Professional Service Corporations)
• LLCs, LPs, and LLPs
• Nonprofits
• Business Trusts

Next, you'll need to follow these basic steps:

• Decide on a business name and ensure your chosen name is available.
• Register your business with the Secretary of State and the Department of Revenue.
• Report your company's beneficial ownership information (BOI).
• Determine if you need a "Doing Business As" (DBA) business certificate.
• Obtain an Employer Identification Number (EIN) from the IRS.
• Obtain any necessary licensing, permits, and insurance.

Click here for more detailed information about each of these steps.

How Much Does It Cost to Start a Business in Kentucky?

The typical costs of setting up a Kentucky business are as follows:

• Standard business entity: $40
• Foreign business entity: $90
• Non-profit entity: $8

Generally, any business entity registered with the Secretary of State's office must file a business entity report annually. The due date is June 30 each year, with the first report due the year after formation. The cost of filing an annual report in Kentucky is $15.

Kentucky business naming guidelines require that names must be distinguishable from existing business names and meet specific requirements based on the business type. For corporations, the name must end with "corporation", "company", "limited", or their abbreviations (Corp., Inc., Co., Ltd.). For limited liability companies (LLCs), the name must include "limited liability company", "limited company", "LLC", or "LC". Sole proprietorships and partnerships that use their full, real names do not need to register, but any "assumed name" must be filed with the county clerk.

General Requirements

• Availability: The name must be distinguishable from any other business name on record with the Secretary of State.
• Character Set: You can use English alphabet letters, Arabic numerals (1,2,3…), Roman numerals (I, V, X…), and a limited set of symbols like !, @, #, %, >, &, *, (), -, +, ", ‘, :, ;, /, ?.
• Distinguishable: The name must be unique and not confusingly similar to an existing business name.
• Corporations: Must include "corporation", "company", or "limited", or the abbreviation "Corp.", "Inc.", "Co.", or "Ltd."
• Limited Liability Companies (LLCs): Must include "limited liability company", "limited company", "LLC", or "LC".
• Professional Service Corporations: Must use "professional service corporation" or the abbreviation "P.S.C".
• Public Benefit Corporations: Must use "public benefit corporation" or "benefit corporation" (or the abbreviation "P.B.C." or "PBC").
• Assumed Name (DBA): If you operate under a name that is not your business's legal name, you must file a Certificate of Assumed Name with the county clerk where the business is located.
• Sole Proprietorships and Partnerships: If you use your full, real name, you do not need to register. However, if you use a different name, you must file a certificate of assumed name with the county clerk.
• Prohibited Terms: For-profit entities cannot use the term "cooperative".
• False Implications: A name cannot state or imply that the corporation is organized for a purpose other than what is permitted by its organic act and articles of incorporation.

FAQs

1. How do I look up who owns an LLC in Kentucky (members vs. managers)?

   You can look up who owns an LLC in Kentucky by searching the Kentucky Secretary of State's online business entity search portal. While this search will show registered agents and managers listed in official filings, such as the annual report, the LLC's members may not always be public record. If the information isn't available online, you may need to submit a public information request to the Secretary of State's office.

2. How can I find a corporation's officers and directors in the state?

   You can find a corporation's officers and directors in Kentucky by using the Kentucky Secretary of State's online business entity search. You can search for a corporation by name, identification number, or a current officer's name to find details such as current officers, initial directors, and principal office addresses.

   EntityCheck's business background reports also provide information about a company's directors, officers, and associates.

3. Are business owners' names public or private in Kentucky?

   In Kentucky, the names of business owners are generally public if they are listed on formation documents, but the state does not require the public listing of LLC members. The public can search for business information, including details about registered business entities, on the Kentucky Secretary of State website. For sole proprietorships, the owner's name is inherently public unless the business operates under an assumed name (DBA).

4. Where do I search official business records in the state?

   You can search for official business records in Kentucky through the Kentucky Secretary of State's website. The "Business Entity Search" portal on the Secretary of State's site allows you to search for a business by name to find information about its status and existence. For more in-depth requests, you can also purchase certificates of existence and copies of documents on file through the same site.

5. How do I check if a business name is available or reserved in Kentucky?

   You can check if a business name is available or reserved in Kentucky by using the Kentucky Secretary of State's Name Availability Search online. This search tool will compare your desired name against existing and reserved business names, trademarks, and service marks registered in the state.

6. How can I view recent filings (Articles, amendments, mergers, annual/biennial reports) for a company in Kentucky?

   You can view a company's filings by using the Kentucky Secretary of State's Business Entity Search online tool, which allows you to look up filings, or by accessing the One Stop Business Portal to manage and view annual reports. Both services are available on the official Kentucky Secretary of State website, where you can view various filings, such as articles of incorporation, amendments, and annual reports.

7. How do I get a Certificate of Good Standing/Existence in Kentucky?

   To get a Certificate of Existence (the equivalent of a Certificate of Good Standing) in Kentucky, you can order it online, by mail, or by fax from the Kentucky Secretary of State's office for a $10 fee. The official name for this document is a Certificate of Existence.

8. How do I obtain certified copies of formation documents and amendments in the state?

   To get certified copies of formation documents and amendments in Kentucky, you must submit a request to the Kentucky Secretary of State's office online, by mail, or by fax. The process involves filling out a request, paying a $10 fee for up to 5 pages and $0.50 per additional page, and waiting for processing, which takes about three business days plus mailing time.

9. How do I search UCC (Uniform Commercial Code) liens against a company in Kentucky?

   To search for UCC liens against a company in Kentucky, go to the Kentucky Secretary of State's website and use their online UCC filing system to search by the company's name. You can access the system through a direct link on the Secretary of State's UCC division page or by searching online for "Kentucky UCC search".

   You may also use EntityCheck's UCC Filings search tool to find Kentucky liens against a business.

10. What are the steps to register an LLC in Kentucky (forms, fees, timeline)?

    To register an LLC in Kentucky, you must file Articles of Organization with the Kentucky Secretary of State, which costs $40 and can be done online, by mail, or in person. The online process typically takes 3-5 business days, while mail-in filings may take longer. In addition to filing fees, other potential costs include name reservation and obtaining necessary federal, state, and local licenses and permits.

11. What are the steps to incorporate (C-Corp/S-Corp) in Kentucky?

    To incorporate a C-Corp or S-Corp in Kentucky, you must first choose a unique company name and appoint a registered agent, then file Articles of Incorporation with the Kentucky Secretary of State. After filing, establish corporate bylaws, appoint initial directors, issue stock, and hold an organizational meeting. For an S-Corp, you will also need to file IRS Form 2553 to elect S-Corp tax status after the corporation is formed.

12. Do I need a registered agent in the state, and who can serve as one?

    Yes, you need a registered agent in Kentucky if your business is a corporation or LLC. A registered agent can be an individual resident of Kentucky, a business entity, or a commercial registered agent service. The agent must have a valid physical street address in Kentucky and be available during business hours to receive official documents, like service of process, on behalf of the company. Registered agents must be at least 18 years old.

13. What annual reports, franchise/margin taxes, or license renewals are required in Kentucky?

    Kentucky requires an annual report for most business entities (except sole proprietorships) due by June 30, which has a $15 filing fee. Additionally, most LLCs and corporations must pay an annual Limited Liability Entity Tax (LLET), with a minimum of $175 for entities with gross profits under $3 million. Some businesses may also require specific state or local occupational licenses, which vary by industry and must be renewed according to their requirements.

14. How long does state approval take in Kentucky, and are expedited options available?

    In Kentucky, online LLC filings are processed instantly, while mailed applications take about one business day, plus mail time. Expedited options are available for some processes, such as immediate online LLC filings, while third-party services and other state processes (like SNAP applications) have specific expedited procedures, some of which can be completed within one business day.

15. Do I need to foreign-qualify to do business in Kentucky if my company is formed elsewhere?

    Yes, your out-of-state company must foreign-qualify to do business in Kentucky by obtaining a Certificate of Authority from the Kentucky Secretary of State. This process is required if your company is a corporation, LLC, or similar entity and is "transacting business" in Kentucky, which includes activities like opening a store, leasing property, or hiring employees in the state.

16. What activities count as "doing business" in the state?

    "Doing business" in Kentucky includes being organized under Kentucky law, having a commercial domicile there, owning or leasing property, and having individuals perform services. It also consists of any activity for financial gain, such as selling goods, performing services, or operating a physical location in the state. It can extend to specific activities, such as serving as a trustee or manager of a Kentucky entity. Certain businesses also require registration with specific state agencies, such as the Office of the Attorney General, for various services. The list is as follows:

    • Being organized under Kentucky laws
    • Having a commercial domicile in Kentucky
    • Owning or leasing property in Kentucky
    • Having individuals perform services in Kentucky
    • Engaging in any transaction for financial gain, like selling goods or performing services
    • Operating from a commercial setting in a county, even from a home office
17. How do I file a DBA/fictitious business name in Kentucky, and is county/city filing required?

    To file a DBA in Kentucky, you must file a Certificate of Assumed Name with the Kentucky Secretary of State ($20 fee) if you are a business entity like an LLC or corporation, and with the county clerk ($46 fee) if you are a sole proprietor or general partnership. County or city filing is generally not required for all business types, but sole proprietors and partnerships must file at the county level.

18. How do I change my company's name, address, officers, or members with the state?

    To change your company's name, address, officers, or members in Kentucky, you must file an amendment with the Kentucky Secretary of State either online or by mail using the Articles of Amendment form or a Statement of Change form, depending on the specific change. The particular form and process will vary depending on what you are changing. For example, changing a registered agent requires a Statement of Change, while changing the company name requires Articles of Amendment.

19. How do I reinstate or revive a company that's been administratively dissolved in Kentucky?

    To reinstate a company in Kentucky, you must file a reinstatement application and annual report with the Secretary of State, obtain a Letter of Good Standing from the Kentucky Revenue Cabinet, and pay all delinquent fees and penalties. For-profit corporations also need a Letter of Good Standing from the Division of Unemployment Insurance. You can submit the application packet, including the forms and letters, to the Office of the Secretary of State.

20. Do I need to file Beneficial Ownership Information (BOI) with FinCEN, and how does that interact with Kentucky filings?

    No, you do not need to file a Beneficial Ownership Information (BOI) report with FinCEN if you are a U.S. company, following recent court decisions that removed the requirement. Therefore, there is no federal BOI filing requirement to interact with Kentucky filings, although you must still comply with all state-level registration and annual report requirements.