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Kentucky Certificate of Authority  /  Applying yourself

Applying for a Kentucky certificate of authority without a service

Applying for the certificate yourself costs $90 in state fees and can be done in a sitting once you have the facts in hand. The Secretary of State's FastTrack application page opens with a choice of entity type and a statement of the fee,. The steps below follow the paper Form FBE in order, then the copy for the county clerk and the diary entries that follow.

Get my Kentucky certificate

Doing it yourself at a glance

WhereFastTrack, the application page for a certificate of authority, or a mailed paper form
Fee$90, stated on the first screen
Entity choices on the first screenEight choices, running from limited liability company through corporations to limited partnership and limited cooperative association
You needHome record, agent acceptance, principal office, representatives
AfterwardA copy for the county clerk ($33) and a report diary

Before anything else: pull the home record

Print the formation record or the home-state status page. You need three things from it: the exact legal name with its ending, the formation date, and the duration if one is stated. Copy them into a worksheet rather than retyping from memory, because a name that differs by one word from the home record is a common cause of trouble. A home status printout also supports the certification you will make in item 10.

Decide the entity type and find the right route

Match your entity to the first-screen choices. If the entity is a limited liability partnership, stop: it uses a different filing, the statement of foreign qualification, so this page does not apply to it. A general partnership is mostly outside the rule, and may apply only to qualify for a state contract.

Line up the agent and obtain the acceptance

The agent needs a street office in Kentucky and has to be either a state resident or an authorized entity, never the applicant itself. Ask for a written acceptance, signed on the application or attached to it, and for the signer's title if an entity is acting. Also hand over a contact person's name, address and phone number, which the statute expects.

Check the name

The Secretary of State's website hosts name availability search, which the instructions on the form point to. If the name is free, use the home name. If not, item 3 takes a different Kentucky name, and a name reservation costs $15 for 120 days if you want to hold one.

Enter the application

Begin on the application page and choose the entity type. Then work down the statements in the order of the paper form: the names, the jurisdiction and dates, the principal office mailing address, the Kentucky registered office and agent, and the representatives. The form's boxes for professional corporations, LLLPs, manager-managed LLCs and vapor retailers need ticking only where they apply. The Form FBE page explains each item.

Sign and pay

By signing, the person attests that the entity is lawfully in existence under its home law. The signer should hold one of the listed offices: officer, member, manager, trustee or partner. Pay $90 when the system asks. By post, send a copy of the form (exact or conformed) and a Kentucky State Treasurer check.

The copy for the county clerk

Once the application is on file, the entity turns up in the Secretary of State's organization search. Print its filing from there and carry it to the clerk in the county of the registered office. The clerk bills $33 for 5 pages or fewer, plus $3 for each page beyond that.

After you file

The filing takes effect at the date and time of filing. The state mails a postcard stamped with the filing to the principal office, unless you ask in writing for another address with each document. Swapping the agent or office later takes a $10 Form RAC statement; fixing a filed annual report is $15, and an amended certificate is $40 when an application item changes.

The diary after filing

Put three entries in a calendar. One marks the opening of the first report window, January 1 after the year the certificate issues, and the next marks June 30, when it closes. The window then recurs. The third entry is a yearly check that an agent is still in place, since a gap of sixty days hands the state a revocation ground.

The other FastTrack filings you will meet later

FastTrack's index lists online filings for annual reports, changes of registered agent or office, changes of principal office, agent resignations and reinstatement of a business, along with a business search. The first one you will need is the annual report in January of the year after the certificate issues.

What goes wrong most often

  • An agent who agreed by phone but never signed anything.
  • A registered office that is a PO box.
  • A name typed without the ending the home record carries.
  • Skipping item 8, so that no representatives appear.
  • An LLLP box ticked by mistake on an ordinary limited partnership.
  • Forgetting the clerk copy and the annual report diary.

Paper instead of the portal

The paper route costs the same. Mail the signed form and check to Michael Adams, Secretary of State, P.O. Box 718, Frankfort, KY 40602-0718, or deliver them to 1025 Capital Center Drive, Suite 201, Frankfort, KY 40601 between 8:00 AM to 4:30 PM Eastern. Kentucky says it usually processes documents the day they are received.

A note on timing

Handling is normally same-day for everything except annual reports, though the state's FAQ allows for up to three business days. Authority begins at the moment the filing is accepted, because the document is effective at its date and time of filing. An entity already at work in Kentucky adds to the penalty with every earlier day, so an adequate agent now beats a perfect one later.

Keeping a file

Start a folder for the entity. Into it go the signed application, the agent's written acceptance, the state's stamped record, the clerk's receipt, and a running log of annual reports and agent changes. This file answers the questions that arise when a bank, a landlord or a state agency asks whether the entity is authorized in Kentucky.

When it is better to hand it over

If the entity has several people to sign, a professional corporation representation to make, or an agent who needs chasing, a service saves the back and forth. We prepare Form FBE, gather the acceptance and file, for $199 plus the state fee.

The self-application in eight steps

  1. Pull the home record

    Name, formation date, duration.

  2. Choose the entity type

    Stop if it is an LLP.

  3. Secure the agent's acceptance

    Written, with a street office.

  4. Check the name

    Use a Kentucky name only if needed.

  5. Enter the application

    In paper-form order.

  6. Sign and pay

    $90.

  7. Print the clerk copy

    And take it to the county clerk.

  8. Diary the report window

    January 1 to June 30.

Registered agent: first year included, then $149 a year

$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

Self-application questions

Can I file without an account?

You do not need one. We prepare the filing and submit it for you.

Is a lawyer needed?

Not for the paperwork. A lawyer helps decide whether the entity needs a certificate.

What if I choose the wrong entity box?

An amended certificate costs $40, so check the box before you submit.

Kentucky

Our fee and the state's

Get my Kentucky certificate

+ $90 Kentucky fee

Our fee and Kentucky's $90 appear as separate lines at checkout. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.

$199

Kentucky Certificate of Authority

  • The Certificate of Authority (Foreign Business Entity) (Form FBE), completed from your answers
  • The registered agent's written consent, gathered and attached
  • A Kentucky registered agent and street office: ours, or the ones you already have
  • The application submitted, the filed certificate returned to you, and your annual report window noted
  • Renewal: after the first year, the agent service renews at $149 a year
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Ready for the certificate?

Tell us the entity type and the state that formed it, and we start the application.