Assumed Name, Renewals, Withdrawals
Document must have:
- The name being assumed (KRS 365.015)
- 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. (KRS 365.015)
- Filed in county where the entity is deemed a resident under provisions of KRS 186A.190. (See KRS 186A.190 for specific requirements.)
- Assumed names may or may not have a Preparation Statement (KRS 382.335).
The clerk shall request a return mail address (KRS 382.240)
The document must be executed per KRS 365.015 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 names for individuals are filed in the county clerk's office based on residency requirements.
Assumed names for corporations, general or limited partnerships, limited liability partnerships, business trusts, and limited liability companies must first be filed with the Secretary of State. An exact or conformed copy stamped by the Secretary of State shall be filed at the county clerk's office per KRS 365.015 (3).
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 for the renewal are the same as for the original
ASSUMED NAME RENEWALS KRS 365.015(4)
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 for the renewal are the same as for the original.
ASSUMED NAME WITHDRAWALS KRS 365.015 (5)
Assumed name withdrawals are prepared in a similar manner to the original certificate, but it must include the "the date the original was filed".
When discontinuing the use of an assumed name, the certificate shall be withdrawn by filing a certificate in the same office as the original certificate of assumed name was filed.
The certificate of withdrawal shall state the assumed name, the real name and address of the party transacting business and the date upon which the original certificate was filed.
The certificate of withdrawal shall be signed for a general partnership, including a registered limited liability partnership, by at least one (1) partner authorized to do so by the partners, for a limited partnership by a general partner, for a business trust by the trustees, for a corporation by any person authorized to act for the corporation, and for a limited liability company by a member or manager authorized to act for the limited liability company.
These documents do not require that the signatures be notarized.