One of the things you’ll need to determine before filing your paperwork to form a limited liability company (LLC) in Kentucky is who will serve as your registered agent. All LLCs 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 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 LLC. This position is necessary because it ensures that the correct people within an LLC 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.
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.
Here are a few reasons forming an LLC in Kentucky is an excellent choice:
- LLCs offer separation between your personal liability and debts and your business liability and debts.
- LLCs allow you to manage your company as you see fit and have very few rules and regulations to adhere to.
- LLCs are exempt from double taxation. This means you’ll only pay taxes on your LLC profits when filing your personal tax return versus paying taxes on both your corporate tax return and your personal tax return.
- LLCs have fewer reporting requirements than business structures like corporations.
Want to learn more about the benefits of forming an LLC? Check out our comprehensive guide for more information.
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 during business hours.
Should you be your own Kentucky Registered Agent?
There are disadvantages to being your our agent, which is why so many businesses rely on registered agent services to fulfill that role. Here are a few reasons to consider hiring a service to act as a registered agent:
- Availability – A registered agent needs to be available at the principal address during normal business hours. This could be a challenge if your company doesn’t keep consistent office hours.
- Avoiding Embarrassment – If you serve as your own registered agent and a lawsuit is filed against the business, you could have papers served to you at your office in front of clients. Obviously, that could be bad for business.
- Penalties and Fees – By not continuously maintaining a current registered agent, the LLC may be responsible for penalties and fines. The state could also dissolve your business, leaving you exposed to liability.