Kentucky Registered Agent

One of the things you’ll need to determine before filing your paperwork to form a limited liability company (LLC), business corporation, or another registered business in Kentucky is who will serve as your registered agent. All state-registered companies are required to have one by law, but what is a registered agent? What are their duties, and what are the requirements to be one?

What is a Kentucky registered agent?

A registered agent is an individual or company that’s designated by the business entity to receive important legal documents and some official state notices on behalf of the business.

What does a Kentucky registered agent do?

Appointing and maintaining a registered agent and a registered office is required by Kentucky Statute §14A.4-010. A registered agent’s primary role is to receive service of process on behalf of the company. This position is necessary because it ensures that the correct people within a business are notified in the event of certain time-sensitive events, such as service of process for lawsuits, garnishment notices against employees, or notifications of taxes.

Who can be a registered agent in Kentucky?

A registered agent in Kentucky can be one of the following:

• An individual who resides in Kentucky and whose business address is identical with the registered office; or
• An entity or foreign (out-of-state) entity qualified to transact business in Kentucky whose business address is identical with the registered office.

The registered office is the place where the registered agent is available during normal business hours to accept service of process. It must be a physical street address in Kentucky and not a P.O. box. In addition, the registered agent must sign the document making the appointment or otherwise deliver a statement in writing to the Secretary of State accepting the appointment.

Can I be my own registered agent in Kentucky?

You can be your own agent as long as you are a resident of the state and are generally available at the registered office during business hours.

Benefits of Using Kentucky Registered Agent Services

Using a registered agent service offers several benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. Many services also offer extra perks like digital access to your critical documents, compliance reminders, and more.

More importantly, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How much does it cost for a registered agent in Kentucky?

The cost of a registered agent in Kentucky varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

Kentucky only offers one form for changing an agent: the Statement of Change of Registered Agent and/or Registered Office Address form. You can file this form online or by mail, but either way, it costs $10 to submit.

How to Change a Registered Agent in Kentucky

Changing your registered agent in Kentucky requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet Kentucky’s requirements for registered agents.

After you’ve got your new agent lined up, it’s time to file the change paperwork. You’ll need to navigate to the Secretary of State’s website and find the form “Statement of Change of Registered Agent and/or Registered Office.” You can either download this form and submit it by mail, or you can log into your account on the Kentucky Business OneStop portal and file from there. Either way, you’ll need to provide information about your old agent, your new one, and your business. You’ll also need to get the consent of the new registered agent. To submit the filing, you’ll need to pay the $10 filing fee.

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements: be a Kentucky resident or a business authorized to conduct business in Kentucky, have a physical street address in the state, and be available during business hours.

Kentucky Secretary of State Contact Information

Resignation of Kentucky Registered Agent

If a registered agent needs to resign, they must file the Statement of Resignation of Registered Agent with the Kentucky Secretary of State. The agent remains on file for 31 days post-resignation unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: Inform your business that you’ll be resigning. Technically, Kentucky state law doesn’t require this step, but it’s highly recommended. Not only is it a professional courtesy, but it also helps streamline the resignation process by alerting the business that it’s time to appoint a replacement.
2. Submit your resignation: Complete the Statement of Resignation of Registered Agent and file it (plus a copy) with the Kentucky Secretary of State. There’s no filing fee to worry about with this form, and the Secretary of State will forward a copy to the business you’re resigning from.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.