Fayette County Clerk > Land Records

Corporate

Articles of Incorporation	Assumed Names
Assumed Name Renewals	Assumed Name Withdrawals
Declaration of Trust	Partnerships

Return to Land Records Main Index

Articles of Incorporation

(for Business Corporations and Non Profit Corporations and Associations)
KRS 271B.1 - 200 (Private Corporations)
KRS 273.252 (Non Profit Corporations)

The document must be:

Executed by one of the officers authorized in KRS 271B1-200(6) and KRS 273.252(6)
Filed with the Secretary of State FIRST.
The clerk is presented one exact or conformed copy having the stamp of the Secretary of State.

Indexing Information: Indexed in corporate index and filed in corporate records book under corporate name

Types of articles that are usually recorded are:

Amended and Restated
Articles of Amendment
Application for Certificate of Authority
Application for Amended Certificate of Authority
Application for Certificate of Withdrawal
Application for Reinstatement of Charter
Articles of Incorporation
Articles of Dissolution
Certificate of Authority
Change of Registered Office, Agent, etc.
Articles of Organization
Dissolution

Click for Fee Schedule

Note: Nonprofit corporations do not receive a reduced fee. At one time, they did pay a lesser fee, but the fee now is the same regardless.

Assumed Names

AKA DBA (doing business as) or Fictitious name Filing, KRS 365.015

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

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).

Indexing Information: Indexed under the name of the business and the owner in the assumed name registry or corporate index. The first party is the individual. The second party is the assumed name.

Click for Fee Schedule

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 for the renewal are the same as for the original.

Click for Fee Schedule

Assumed Name Withdrawals

Assumed name withdrawals are prepared in a similar manner to the original certificate, but it must include 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.

Click for Fee Schedule

These documents do not require that the signatures be notarized.

Declaration of Trust - Business Trust

KRS 386.420

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 (KRS 382.335)

The clerk shall request a return mail address (KRS 382.240)

The document may or may not be notarized.

Indexing information: The first party is the individual(s) establishing the trust, the second party is the name of the trust and to whom the trust is granted.

The document is to be filed with the Secretary of State’s office and the County Clerk’s office. (The statute does not make any reference to which document is to be filed first. The statute does not make any reference to a file stamped copy.)

Click for Fee Schedule

Partnerships

KRS 362.425, KRS 362.407

Partnership agreements or certificates are filed with the Secretary of State first, then with the County Clerk.

The document must have the stamp of the Secretary of State on it in order to be filed at the county level, per KRS 362.425 (2) (C). 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 in the County Clerk’s office in the county where the partnership maintains an office, per KRS 362.407.

Indexing information: These are filed in the corporate records and indexed under the name of the partnership. KRS 271B.1-200.

Click for Fee Schedule

Return to Top of Page

Sitemap | Office Info | Forms | Fcclrs