Articles of Incorporation for Business and Non-Profit Corporations

For Private Corporations and Non Profit Corporations

The document must be:

• Executed by one of the offices authorized in KRS271B.1-200(6) and KRS273.252
• Document must be filed with the Secretary of State FIRST
• The clerk is presented one exact or conformed copy having the stamp of the Secretary of State

Assumed Names

• AKA (Also Known As)
• DBA (Doing Business As)
• Fictitious Name Filing

The document must have:

• The name being assumed
• The real name and address of the individual or entity assuming the name. A domestic general partnership must include the real name of each partner
• The document must be filed in county where the entity is deemed a resident under provisions of KRS355 (see KRS355.401 for specific requirements).
• Assumed names may or may not have a Preparation Statement (KRS 382.335).

The document must be executed as follows:

• Individual – by the individual
• Partnership – by at least one authorized partner
• Limited liability partnership – by at least one partner authorized to do so by the partners
• Limited partnership – by a general partner
• Limited liability company – by a member or manager authorized to act for the limited liability company
• Business trust – by the trustees
• Corporation – by a person authorized to act for the corporation

Assumed Name Renewals

Assumed names are effective for 5 years from the date of registration and can be renewed by filing a renewal certificate 6 months prior to the expiration or renewal date. The filing requirements are the same as for the original.

Declaration of Trust

The document must have the following:

• The individual(s) who is establishing the trust
• The name of the trust and/or the trustee
• The Trustee(s) Preparation Statement

The clerk shall request a return mail address.
The document may or may not be notarized.

Partnerships

Partnership agreements or certificates are filed with the Secretary of State first, then with county clerk.

The document must have:

• The stamp from the Secretary of State on it in order to be filed at the county level
• The person presenting the partnership to the Secretary of State should present two copies–one is filed there and one stamped as having been filed
• This copy is then recorded at the County Clerk’s office in the county where the partnership maintains an office