{"data":{"id":"us-ky/krs-365.015","jurisdiction":"us-ky","citation":"KRS 365.015","heading":"Certificate of assumed name -- Filing with state and county -- Certificate of","body":"withdrawal -- Filing fees.\n(1) (a) The real name of an individual shall include his or her surname at birth, or his\nor her name as changed by a court of competent jurisdiction, or the surname of\na married woman.\n(b) The real name of a domestic:\n1. General partnership that is not a limited liability partnership and that has\nnot filed a statement of partnership authority is that name which includes\nthe real name of each of the partners;\n2. General partnership that is not a limited liability partnership and that has\nfiled a statement of partnership authority is the name set forth on the\nstatement of partnership authority;\n3. General partnership that is a limited liability partn ership is the name\nstated on the statement of qualification filed pursuant to KRS 362.1 -931\nor predecessor law;\n4. Limited partnership is that name stated in its certificate of limited\npartnership filed pursuant to KRS 362.2-201 or predecessor law;\n5. Business trust or statutory trust is the name set forth in the declaration of\ntrust;\n6. Corporation is the name set forth in its articles of incorporation;\n7. Limited liability company is the name set forth in its articles of\norganization;\n8. Limited cooperative association is the name set forth in its articles of\nassociation; and\n9. Unincorporated nonprofit association that has filed a certificate of\nassociation is the name set forth in the certificate of association and, if\nno certificate of association has b een filed, the name under which the\nunincorporated nonprofit association generally acts.\n(c) The real name of a foreign:\n1. General partnership is the name recognized by the laws of the\njurisdiction under which it is formed as being the real name;\n2. Limited liability partnership is the name stated in its statement of foreign\nqualification filed pursuant to KRS 362.1-952 or predecessor law;\n3. Limited partnership is the name set forth in its certificate of limited\npartnership or the fictitious name adopted for use in this Commonwealth\nunder KRS 14A.3-010 to 14A.3-050 or predecessor law;\n4. Business trust or statutory trust is the name recognized by the laws of the\njurisdiction under which it is formed as being the real name of the\nbusiness trust or stat utory trust or the fictitious name adopted for use in\nthis Commonwealth under Subchapter 3 of KRS Chapter 14A;\n5. Corporation, including a cooperative or association that is incorporated,\nis the name set forth in its articles of incorporation or the fictit ious name\nadopted for use in this Commonwealth under KRS 14A.3 -010 to 14A.3-\n050 or predecessor law;\n6. Limited liability company is the name set forth in its articles of\norganization or the fictitious name adopted for use in this\nCommonwealth under KRS 14A .3-010 to 14A.3 -050 or predecessor\nlaw;\n7. Limited cooperative association is the name set forth in its articles of\nassociation or the fictitious name adopted for use in this Commonwealth\nunder KRS 14A.3-010 to 14A.3-050 or predecessor law; and\n8. Unincorporated nonprofit association is the name recognized by the laws\nof the jurisdiction under which it is organized as being the real name.\n(2) (a) No individual, general partnership, limited partnership, business or statutory\ntrust, corporation, limited liabi lity company, limited cooperative association,\nor unincorporated nonprofit association that has filed a certificate of\nassociation shall conduct or transact business in this Commonwealth under an\nassumed name or any style other than his, her, or its real n ame, as defined in\nsubsection (1) of this section, unless such individual, general partnership,\nlimited partnership, business or statutory trust, corporation, limited liability\ncompany, limited cooperative association, or unincorporated nonprofit\nassociation that has filed a certificate of association has filed a certificate of\nassumed name;\n(b) The certificate shall state the assumed name under which the business will be\nconducted or transacted, the real name of the individual, general partnership,\nlimited partnership, business or statutory trust, corporation, limited liability\ncompany, limited cooperative association, or unincorporated nonprofit\nassociation that has filed a certificate of association and his, her, or its address,\nincluding street and number, if any;\n(c) A separate certificate shall be filed for each assumed name;\n(d) No certificate to be filed with the Secretary of State shall set forth an assumed\nname which is not distinguishable upon the records of the Secretary of State\nfrom any other na me previously filed and on record with the Secretary of\nState;\n(e) The certificate shall be executed for an individual, by the individual, and\notherwise as provided by KRS 14A.2-020.\n(3) Each certificate of assumed name for an individual shall be filed wit h the county\nclerk where the person maintains his or her principal place of business. Each\ncertificate of assumed name for a general partnership, limited partnership, business\nor statutory trust, corporation, limited liability company, or limited cooperati ve\nassociation shall be delivered to the Secretary of State for filing, accompanied by\none (1) exact or conformed copy. One (1) of the exact or conformed copies stamped\nas \"filed\" by the Secretary of State shall be filed with the county clerk of the county\nwhere the entity maintains its registered agent for service of process or, if no\nregistered agent for service of process is required, then with the county clerk of the\ncounty where the entity maintains its principal office. If the entity does not maintain\na registered agent for service of process and does not maintain a principal office in\nthis Commonwealth, then the certificate of assumed name shall be filed only with\nthe Secretary of State.\n(4) An assumed name shall be effective for a term of five (5) ye ars from the date of\nfiling and may be renewed for successive terms upon filing a renewal certificate\nwithin six (6) months prior to the expiration of the term, in the same manner of\nfiling the original certificate as set out in subsection (3) of this sect ion. Any\ncertificate in effect on July 15, 1998, shall continue in effect for five (5) years and\nmay be renewed by filing a renewal certificate with the Secretary of State.\n(5) Upon discontinuing the use of an assumed name, the certificate shall be withdra wn\nby filing a certificate in the office wherein the original certificate of assumed name\nwas filed. The certificate of withdrawal shall state the assumed name, the real name\nand address of the party formerly transacting business under the assumed name and\nthe date upon which the original certificate was filed. The certificate of withdrawal\nshall be signed for an individual by the individual or his or her agent and otherwise\nas provided in KRS 14A.2-020.\n(6) A general partnership, except a limited liability  partnership, shall amend an\nassumed name certificate to reflect a change in the identity of partners. The\namendment shall set forth:\n(a) The assumed name and date of original filing;\n(b) A statement setting out the changes in identity of the partners; and\n(c) Shall be signed by at least one (1) partner authorized to do so by the partners.\n(7) The filing of a certificate of assumed name shall not automatically prevent the use\nof that name or protect that name from use by other persons.\n(8) In the event of t he merger or conversion of a partnership, limited partnership,\nbusiness or statutory trust, corporation, limited liability company, or limited\ncooperative association, any certificate of assumed name filed by a party to a merger\nor conversion shall remain in full force and effect, as provided in subsection (4) of\nthis section, as if originally filed by the business organization which survives the\nmerger or conversion.\n(9) A certificate of assumed name may be amended to revise the real name or the\naddress of  the person or business organization holding the certificate of assumed\nname.\n(10) A certificate of assumed name, or its amendment or cancellation, shall be effective\non the date it is filed, as evidenced by the Secretary of State's date and time\nendorsement on the original document, or at a time specified in the document as its\neffective time on the date it is filed. The document may specify a delayed effective\ntime and date and, if it does so, the document shall become effective at the time and\ndate speci fied. If a delayed effective date but no time is specified, the document\nshall be effective at the close of business on that date. A delayed effective date for a\ndocument shall not be later than the ninetieth day after the date it is filed.\n(11) The county  clerk shall receive a fee pursuant to KRS 64.012 for filing each\ncertificate, and the Secretary of State shall receive a fee of twenty dollars ($20) for\nfiling each certificate, amendment, and renewal certificate.\n(12) A series entity, as defined in KRS 14A.1 -070, may, on behalf of any series thereof,\nfile a certificate of assumed name. The certificate shall provide that the assumed\nname is adopted on behalf of a series of the series entity and not on behalf of the\nseries entity itself, but the certificate of assumed name shall be recorded on the\nrecords of the Secretary of State as being that of the series entity.","path":["KRS Chapter 365"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44372","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:00Z","sha256":"71b57fbd2e1967cbc48e7dba1cd3980fe701c0e18745a1723ac9b46c7527f4f9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-365.010","next":"us-ky/krs-365.020"},"notice":"GroundRules: Original legal text. Not legal advice."}