General Information
There are two basic requirements for naming a business entity in Kentucky. First, the business name must be available. This means that no other registered business may have the same name and the name must be “distinguishable from any name of record with the Secretary of State.” KRS 14A.3-010(1). Second, the business name must conform to the appropriate naming guidelines, which usually requires that the type of entity be identifiable within the business name itself. There are separate naming guidelines for each entity type. KRS 14A.3-010.
If a business name is available and meets the naming guidelines, it may be reserved.
Purpose/Necessity
People who commonly seek a business name reservation include:
- Entrepreneur who is certain of the desired business name but is not yet ready to complete the business formation process.
- Entrepreneur hoping to use his or her name as part of the business name when others have the same or a similar name.
- Entrepreneur wanting to start a business which name will be something that is becoming or is likely to be popular in the future.
A business name does not need to be reserved prior to business formation. However, some entrepreneurs find it advantageous to reserve a name so that another person does not register, reserve, qualify, or form a business with the same/an indistinguishable business name.
Frequently Asked Questions
- How do I know if my desired business name is available?
- You may use the Secretary of State’s Name Availability Search. The Name Availability Search will find prior reserved names, assumed names, formed businesses, and foreign businesses authorized to do business in Kentucky.If you use our firm to reserve a business name, we will confirm that your desired business name is available just prior to applying for the reserved name, and such search is included as part of our service.
- How can I determine whether my desired name conforms to the naming guidelines?
- The naming guidelines are statutory (KRS 14A.3-010) but have been summarized by the Secretary of State.When interpreting the guidelines, keep in mind the following: Entity names are not distinguishable merely by the presence or absence of slightly different lettering which includes the type of business entity (“Corporation”, “Co.”, “Inc.”, etc.), articles of speech (“a”, “an”, or “the”, etc.), conjunctions (“and”, “or”, etc.), symbols (“+”, “&”, etc.), plurals, possessives, marks of punctuation, numbers within a name, or case. The type of business entity must be identifiable within the business name. For instance, the name of a corporation must contain the word “Incorporated”, “Corporation”, “Limited”, “Company”, “Inc.”, “Corp.”, “Ltd.”, or “Co.”
- If my desired business name is available and meets the naming guidelines, will it be reserved?
- Not necessarily. The Secretary of State indicates that “the availability of a name can change at any time.” This means that until the business entity name is officially reserved or the business is formally organized, the name may be taken by someone else. Therefore, it is important to either reserve or form a business quickly if it possible that the name may be used by someone else.
- How long does an approved business name reservation last?
- 120 days. It may be renewed through a Renewal of Reserved Name during the 30 days prior to the expiration of the reservation for an additional 120 days from the date of expiration. KRS 14A.3-020(1).
- May a foreign business entity reserve a business name in Kentucky?
- Yes. An existing foreign business entity may reserve a business name in Kentucky just as aspiring Kentucky businesses may. A foreign business entity does not need to first qualify/apply for authority to transact business in Kentucky prior to reserving a business name with the Secretary of State. KRS 14A.3-020(5).A foreign business entity also has the option to register its business name.
Legal Services Offered and Cost
Reserve Business Name
Legal fees: $150 flat fee
This includes:
- Search that the desired name is available for reservation
- Review of client’s information to ensure legal requirements are fulfilled
- Completion of Reservation of Reserved Name form
- Submission of form and filing fee with the Kentucky Secretary of State
- All postage and mailing charges
- Email confirmation of name reservation with PDF
If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.
Renew Reserved Business Name
Legal fees: $150 flat fee
This includes:
- Review of client’s information to ensure legal requirements are fulfilled
- Completion of Renewal of Reserved Name form
- Submission of form and filing fee with the Kentucky Secretary of State
- All postage and mailing charges
- Email confirmation of name renewal with PDF
If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.