General Information
An assumed name, sometimes known as a “trade name” or a “doing business as” name (DBA) is the name a business commonly goes by other than the name of the business on file with the Secretary of State. Any business that operates under any name other than its “real name,” even if that business operates under both its real name and an additional trade name (or names) must have a certificate of assumed name on file and in effect for each trade name.
Assumed names may be used by sole proprietorships, limited liability companies (LLCs), corporations, general partnerships, limited partnerships, limited liability partnerships, or business trusts. The assumed name for a business must be available, meaning no other registered business may have the same name and the name must be “distinguishable upon the records of the Secretary of State from any other name previously filed and on record with the Secretary of State.” KRS 365.015(2)(d).
Purpose/Necessity
Businesses which commonly operate under an assumed name include:
- Sole proprietor who uses his or her personal name along with the nature of the trade in the business title. For example, “John Smith Carpentry.”
- General partnership that does not conduct business under the full real names of each of its partners. See KRS 365.015(1)(b).
- One of several businesses run by the same owner(s). For example, “John Smith Ventures, LLC” with “John Smith Web Design” as an assumed name for that business segment.
- Additional locations for a single business entity.
- Businesses that have been in existence for some time but recently developed a new product or division.
- Businesses with a web address different from the business’ real, legal name.
- Businesses with a significant internet presence that is distinguishable from any physical location.
According to state law, a business may not “conduct or transact business” under anything but its real name unless it has filed a certificate of assumed name. KRS 365.015(2)(a). A person or business entity who fails to obtain an assumed name when one is required shall be fined between $25 and $100, and each day that the violation continues shall constitute a separate offense. KRS 365.990(1).
A sole proprietor must file the certificate of assumed name with the County Clerk, while all other business entity types must file the certificate of assumed name with the Secretary of State and the County Clerk. KRS 365.015(3). A separate certificate of assumed name must be filed for each assumed name utilized. KRS 365.015(2)(c).
Frequently Asked Questions
- What is the business’ “real name”?
- The “real name” is the name of the business as set forth in the relevant formation document (Articles of Incorporation for a corporation, as an example) which has been filed with the Secretary of State. KRS 365.015(1)(b) defines what the real name would be for each entity type which may be filed in Kentucky.
- Is an assumed name filing required if the business is run as a sole proprietorship going by the sole proprietor’s personal name?
- So long as the business itself is not commonly referred to as anything other than the individual’s “real name,” an assumed name filing is not needed. But if the nature of the trade/business is included in how the business is referred, an assumed name filing would be required.
- At which County Clerk’s office must the certificate of assumed name be recorded?
- For a sole proprietor, “the county clerk where the person maintains his or her principal place of business.” For all other business entities, “the county clerk of the county where the entity maintains its registered agent for service of process.” KRS 365.015(3).
- How long does an assumed name remain effective?
- 5 years. It may be renewed through a renewal of assumed name during the 6 months prior to the expiration of the assumed name for an additional 5 years from the date of expiration. KRS 365.015(4).
- Does a foreign business entity have to obtain an assumed business name if it operates under a trade name or a DBA?
- Yes, a foreign business entity that goes by other than the name of the business on file with the Kentucky Secretary of State must obtain an assumed name. KRS 14A.3-050.
Legal Services Offered and Cost
Obtain Assumed Business Name
Legal fees: $150 flat fee
This includes:
- Preliminary name search to ensure availability of assumed name
- Review of client’s information to ensure legal requirements are fulfilled
- Completion of Certificate of Assumed Name form
- Submission of form and filing fee with the Kentucky Secretary of State
- Submission of form with the appropriate County Clerk’s office
- All postage and mailing charges
- Email confirmation of assumed name acceptance by Secretary of State and County Clerk with PDF
If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.
Renew Assumed Business Name
Legal fees: $150 flat fee
This includes:
- Review of client’s information to ensure legal requirements are fulfilled
- Completion of Certificate of Renewal of Assumed Name form
- Submission of form and filing fee with the Kentucky Secretary of State
- Submission of form with the appropriate County Clerk’s office
- All postage and mailing charges
- Email confirmation of assumed name renewal acceptance by Secretary of State and County Clerk with PDF
If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.