FAQs

Can I reserve a name over the phone?
No. If you wish to reserve a name for later use, you must submit an application for reserved name.

Can I use a name without adding "Inc." or "LLC"?
No. The name muist contain "Corporation," "Incroporated," "Company," "Limited Liability Company," or its abbreviation of like meaning.

What is the purpose of a registered agent?
A registered agent is an individual or another business entity that accepts service of process on behalf of the company.

Does the Office of the Secretary of State provide forms for amending or dissolving business entities?
The Office of the Secretary of State provides forms for dissolving a business entity but, at this time, does not provide forms for amending a business entity. You may draft your own amendment or dissolution documents as long as they meet the requirements outlined in the Kentucky Revised Statutes. If you choose to draft your own documents, we recommend seeing the advice of legal counsel.

Does the Office of the Secretary of State pre-approve mergers?
Yes, the Office of the Secretary of State pre-approves mergers at no additional cost. The process is handled through mail, or you can fax the proposed merger documents.

What is involved with a reinstatement?
A reinstatement packet, consisting of an application for reinstatement, reinstatement annual report and statement of change of principal office and registered office (if you are making changes to your address) must be mailed to the Office of the Secretary of State. A letter of good standing from the Kentucky Revenue Cabinet, which must accompany the reinstatement packet before it can be processed. For-profit corporations must also submit a letter from the Division of Unemployment Insurance.

What is the processing time for business filings?
With the exception of annual reports, documents are usually processed the same day they are received, but it may take up to three business days.

What is the difference between an annual report and a corporation's report to stockholders?
The Commonwealth requires every business to file an annual report, which merely updates company information, including its address, members, managers, partners and officers. It does not require the disclosure of any financial information.

The United States Securities and Exchange Commission requires publicly traded companies to file an annual report known as a 10-K, which requires a general overview of the company's operations and a complete financial statement, including income statement, balance sheet, statement of cash flow and changes in owners' equity.

For private companies, no SEC regulations require this type of disclosure, although most private companies do provide such information to parties of interest.