Starting a new business is exciting, but it can also be intimidating. If you’re just starting, make sure you do it the right way. Incorporation of your business may be the right choice.
To incorporate in the state of Kentucky, you’ll be required to submit the Kentucky Articles of Incorporation to the Secretary of State (SOS). The completion and filing of forms must be done according to Kentucky Revised Statute Chapter 271B – Incorporation and the KRS 14A.
Once the SOS has processed your filing, the information in the Articles of Incorporation will be publicly available. To learn more about the Articles of Incorporation and how to file them, read on for valuable information.
Remember, once filed, all information becomes part of the public record.
How to Complete the Kentucky Articles of Incorporation Form
As either a domestic (in-state) for-profit or a foreign (out-of-state) for-profit organization wishing to incorporate, you’ll need to file Articles of Incorporation with the Kentucky SOS. You can file either by mail or online via the Kentucky One Stop Business Portal.
If you choose to file by mail, fill out either the domestic Articles of Incorporation form or the foreign Certificate of Authority form, whichever one applies. These forms conveniently list the mailing address. When you mail your filing, make sure to include two copies. Once processed, they’ll be returned to you at the address you provide. Depending on the location of your business, you may be required to complete your registration with the county, so be sure to look into any special local requirements.
For online filing, you’ll first need to create an account with the Kentucky One Stop Business Portal. Then, visit the FastTrack Business Registration Portal to start the incorporation process.
How to Begin the Business Formation Process
Select the option that best describes your organization. If you’re forming a business in Kentucky, choose the option for businesses formed in Kentucky. If your business is a foreign entity, choose the option for out-of-state business transacting in Kentucky. Then, select the business structure from the drop-down menu.
Read the disclaimer, which describes other business regulations that you may be subject to. Check the box to indicate your understanding of the disclaimer.
Registration Contact Information
Enter the first and last name of the person representing your business. Include a telephone number and email.
Business Name Search
If you’re a foreign entity, enter your current business name with the appropriate suffix. For domestic entities, enter the new name of your business. Select the search button to see if that name is available in Kentucky, then choose the appropriate suffix from the drop-down menu.
The name of your business must be unique in Kentucky. You must check beforehand to see if the name you wish to use is available at the Kentucky Secretary of State website, as well as read about the guidelines to name availability. ZenBusiness’s name reservation service can help you reserve a name for your business.
Registered agents accept service of process and other legal notices being served upon the business entity as well as correspondence from the Kentucky SOS. Select either individual or business from the drop-down menu. Be aware that a business cannot represent itself. Enter the required registered agent information in the fields below. The registered agent must have a physical Kentucky address. You can use ZenBusiness’s registered agent service to find a reputable registered agent for your business.
Principal Office Address
Enter the information in the fields to indicate your principal business office address.
Indicate the number of shares authorized. For foreign entities, indicate whether the entity exists within the USA. If so, select the appropriate state from the drop-down menu. Then, fill out the date of organization and the period of duration and end date if applicable.
Provide business representative information based on the previous information entered. Indicate whether the incorporator (the one completing the Articles of Incorporation) is an individual or business, and then fill out the information fields below.
Delayed Effective Date
You can decide if you want the entity to be effective once the filing is processed or if you’d prefer a delayed effective date. If you wish a later effective date, choose the date and time you wish the business to become active.
At least one One Stop business administrator must be assigned for your business. They must be an individual belonging to the business, but they can authorize others associated with the business to also conduct certain management functions.
The business administrator will also be the Registration Administrator and will have access to business accounts. Check the box to select yourself as the business administrator, or click the button to add more administrators.
Provide an electronic signature. The registered agent must also provide an electronic signature.
Carefully review your information to ensure accuracy.
You’ll be brought to a page to review your application and order fees. Make sure all information is correct. Fees can be then be paid by a prepaid account or approved credit card.
Include supplemental form(s)
The state of Kentucky doesn’t usually require a domestic corporation to include any additional documentation with the Articles of Application. Foreign companies may be required to provide a Certificate of Good Standing, known in Kentucky as a Certificate of Existence, with their filing. You can submit a request for a Certificate of Existence online or by mail. ZenBusiness can help you acquire this form.
How to Submit the Form
To file for Kentucky Articles of Incorporation for a for-profit domestic corporation, you need to include a filing fee. Foreign for-profit corporations must also include a fee with their filing. Check the Kentucky SOS site for the latest fee schedule. Online filings can be paid by prepaid account or approved credit card, and mail filings can be paid for by a check payable to the Kentucky State Treasurer, prepaid account, debit card, or credit card. Filings by snail mail should be addressed to the Office of the Secretary of State, Division of Business Filings.
Most business filings are processed on the same business day they’re received but may take up to three business days.
Now that you’ve filed the paperwork, it’s up to you to keep your business in good standing with the state. That means keeping track of important dates, filing reports, and updating licenses and permits. Let ZenBusiness help with our Worry Free Compliance service so you can focus on doing other things.
Looking for assistance to incorporate in the Commonwealth of Kentucky? ZenBusiness can help you file Articles of Incorporation with our business formation plans.
Kentucky Articles of Incorporation FAQs
What does it cost to incorporate in Kentucky?
Check the Secretary of State website to see what the most current information is on fees and methods of payment available.
How long does the incorporation process take in Kentucky?
Standard processing usually takes between one and three business days.
Who processes the Kentucky Articles of Incorporation?
The Kentucky Secretary of State’s Division of Business Filings processes Kentucky Articles of Incorporation.
What Kentucky statute governs the Kentucky Articles of Incorporation?
Kentucky Revised Statute Chapter 271B – Incorporation and KRS 14A governs Kentucky Articles of Incorporation.
Do I need an attorney to file the Kentucky Articles of Incorporation?
It’s not necessary to have an attorney to help you file. However, a lawyer might be helpful in determining what kind of entity structure suits your needs best, or if your business has unique needs.