General Information
A foreign business may register its business name with the Kentucky Secretary of State. A registered name is a way to assure availability of a name in Kentucky before obtaining authority to transact business in Kentucky. A person who registers a business name will have exclusive use of the name in Kentucky during the term of the registration. KRS 14A.3-030(3). The registration lasts for up to a year and may be renewed for another full year.
A registered name is effective when filed with the Secretary of State and will expire on January 1st of the next calendar year. KRS 14A.3-030(3). Therefore, it is most advantageous to register a name early in the year. The registered name may be renewed for the next full calendar year by filing for a renewal of the registered name between October 1 and December 31 of the year in which the registered name will expire. KRS 14A.3-030(4).
Purpose/Necessity
People who commonly seek a business name registration include:
- Business owner seeking to prevent others from using the business name in Kentucky.
- Business owner eventually intending to expand into Kentucky but not ready to qualify just yet.
A foreign business name does not need to be registered prior to obtaining authority to transact business in Kentucky. However, some entrepreneurs find it advantageous to register 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 business name may be registered in Kentucky?
- The foreign entity name must be “distinguishable upon the records of the Secretary of State” for it to be registered. KRS 14A.3-030(1). To determine if it is, 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 register a business name, we will confirm that your desired business name is available just prior to filing for registration, and such search is included as part of our service.
- Must a certificate of existence/good standing be included when registering a business name in Kentucky?
- No. Kentucky no longer requires inclusion of a certificate of existence/good standing from the business entity’s home state when registering a business name.
- How does name registration relate to foreign business qualification?
- Registration may precede qualification, which is the granting of authority to transact business in Kentucky. A person holding a registered business name may obtain authority for that business entity in Kentucky. Alternatively, that person could consent to the use of that name by a different business entity. The registration terminates when the business entity obtains authority in Kentucky. KRS 14A.3-030(5).
- How is business name registration different from business name reservation?
- A business name registration is intended for a foreign business already in existence seeking to prevent others from using its business name in Kentucky. A business name reservation is intended for an entrepreneur who has not yet formed a business but is intending to do so using the reserved name. Only a foreign business entity may register a business name in Kentucky, whereas business name reservation is available for all businesses, domestic and foreign.
Legal Services Offered and Cost
Register Business Name
Legal fees: $150 flat fee
This includes:
- Search that the desired name is available for registration
- Review of client’s information to ensure legal requirements are fulfilled
- Completion of registration of entity name form
- Submission of form and filing fee with the Kentucky Secretary of State
- All postage and mailing charges
- Email confirmation of name registration acceptance by Secretary of State with PDF
If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.
Renew Registered Business Name
Legal fees: $150 flat fee
This includes:
- Review of client’s information to ensure legal requirements are fulfilled
- Completion of renewal of entity name form
- Submission of form and filing fee with the Kentucky Secretary of State
- All postage and mailing charges
- Email confirmation of name renewal acceptance by Secretary of State with PDF
If you are ready to get started, please CLICK HERE to enter basic information using our secure online form.