Individual state laws set forth the procedures for officially filing articles of incorporation. Kentucky has a user-friendly process for either filing in person, online, or by mail. You can also use online document preparation service, such as LegalZoom, to prepare and file your articles of incorporation for you. Incorporating generally shields businesses owners from personal liability; therefore, if a corporation faces lawsuits, the owners' personal property is protected from judgment. Filing articles of incorporation is a critical part of forming a Kentucky corporation because it fulfills state recognition of the entity.
Kentucky Articles of Incorporation
Select a name for the corporation that doesn't mislead its business purpose. For example, Plastic Surgery, Inc. would not be a wise choice for a law office. Conduct a name availability search through the Kentucky Secretary of State Business Services division. This can be done online, in person or by phone. The corporate name must contain the word “Corporation,” “Incorporated,” “Company,” or “Limited,” or the abbreviation thereof. Include P.S.C. or Professional Service Corporation in the title if the business performs professional services.
Obtain a non-profit, profit or professional articles of incorporation form, depending on the type of corporation you are forming. You can find the form online at the Kentucky Secretary of State website, pick it up in person at the secretary's office, or request it by mail. The contact phone number for questions regarding forms and filing is 502-564-3490.
Complete the articles of incorporation. On the form, you must indicate your chosen agent. The agent must be located in Kentucky to accept legal process for the corporation. You can appoint a competent adult or another corporation as resident agent. You must also state the amount of shares issued if the business is a for-profit or a professional services corporation. State the services offered for a professional services corporation and provide the names and addresses of all its shareholders. State the number of initial directors for non-profit corporations, including their names and addresses. You will also have to include general information such as the corporate name, the principal place of business with an address and the name and address of the incorporator. The incorporator and registered agent must sign and date the form on the respective signature lines.
Submit the completed form with the proper filing fee to the Kentucky Secretary of State Business Services division. The fees can vary depending on the number of shares issued. Send the completed form and fee to Alison Lundergan Grimes P. O. Box 718 Frankfort, KY 40601 or deliver them in person to Room 154, Capitol Building, Office of the Secretary of State 700 Capital Avenue, Frankfort, KY 40601. Alternatively, visit Kentucky's One Stop Business Portal via the Secretary of State's official website to fill out and submit your articles of incorporation online with a credit card payment.
- Generally, other requirements in addition to filing articles of incorporation exist to fully form a valid corporation. These tasks include preparing stock certificates, appointing a board of directors and developing bylaws.
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