How to Get Certificate of Existence in Kentucky (2024)

The Certificate of Existence in Kentucky is a significant document that is required if you expand your business to another state. When you file an LLC in Kentucky, you must submit a handful of documents to the Secretary of State. In case you take your business beyond the state border, you need this additional document, commonly known as the Certificate of Good Standing.

In this article, LLCBuddy editors share the ins and outs of Kentucky Certificate of Existence. You’ll also learn what the uses of this document are other than having a foreign LLC out of state. We shared how to get the Certificate of Existence in Kentucky. The Certificate of Existence is one of the most important documents your business needs. Whether it is the LLC filing or a corporation filing in Kentucky or any other form of business, the Certificate of Existence must be obtained. Let’s dive in and get your business one step closer to achieving its goals!

What is Certificate of Existence in Kentucky

The Certificate of Existence is a document that every business in Kentucky requires to obtain. This document states that the company (LLC, Corporation in Kentucky, Partnership, etc.) complies with the State government. In other words, the business has fulfilled all the legal requirements in Kentucky. Whether you form an LLC or any other form of business, you must get this document.

If you take your business to a different state, Certificate of Existence will be a necessary document to be produced. It shows that your business does not have any illegitimate or outlawed activities. Besides, LLCs that are reinstating or restoring after dissolution must obtain this document.

What Information You Have in Kentucky Certificate of Existence

The Certificate of Existence consists of very pivotal information related to your business. Following is the information your Certificate of Existence will have-

The entity type (LLC, Corporation, LLP, LP, or any other registered entity type) when it was formed
The date of filing the business entity (filing the formation document).
The current name and address of the business entity
Whether the business entity exists today
Name and address of the Registered Agent
The State where the document is issued
A declaration that the business entity has paid all the required taxes and complies with all applicable legal requirements.
A declaration that the business entity met all the requirements to get the document.

Who Should Obtain the Certificate of Existence

Any business entity, a Limited Liability Company (LLC), a Corporation, a Limited Liability Partnership (LLP), a Limited Partnership (LP), or any other registered business structure in Kentucky is eligible to obtain the Certificate of Existence. Anyone with a sole proprietorship does not need to obtain the Certificate of Existence because sole proprietorship companies do not have to register their business.

How to Obtain Kentucky Certificate of Existence

The Kentucky Secretary of State issues this document. To obtain the Certificate of Existence, you must fill out the form and send it to the Kentucky SOS along with the required filing fees. There is some information you will need to enter while submitting the form. Here are the points to add-

Step 1: Get the Form

In Kentucky, the Certificate of Good Standing can be obtained via online application. You must visit the Business Search page on the Secretary of State portal. Search your business, select the one you want to issue the Certificate for and apply for the Certificate of Good Standing.

The following points are required to be mentioned in the form-

Details of The Requester: The first information you need to provide is the details of the requester. Provide your full name, address (which can be your business address), and phone number.

Name of Your Business: Provide the exact name of your business. Make sure no spelling mistakes are made. The spelling must be the same as mentioned in the Certificate of Formation. Besides the name, provide the company registration number or file number. The SOS issues this number after you file the Certificate of Formation. This is not mandatory, but it is recommended that you share the file number to get the process done quickly.

Details of Return Method: The certificate can be collected in person or by mail from Kentucky SOS. If you request the document in person, you can take the return in person or by mail. Choose which way you want it.

Copies of the Certificate: You can request the number of copies of the certificate from SOS. There is a box in the form you need to check for multiple copies of this document. You can obtain more than one copy of the Certificate of Compliance for various purposes. It is recommended that more copies of the certificate be obtained for future use.

Fax Copy of the Certificate: You might get a Fax copy before receiving the certificate’s hard copy. This is one of the options available in some of the states. If you want to receive the fax copy of the certificate, you must provide the fax number while filing the form.

Copies of Other Documents: If you want, you can request copies of other documents filed with the SOS. Other documents include the Kentucky Articles of Organization for LLCs, Articles of Incorporation for corporations, LLC amendment, corporation amendment, and other registered documents with the SOS. This is optional, and you can avoid this. You must pay a stipulated fee for every copy you request.

Step 2: Submit the Form

You can submit the form online, by mail, or in person, whichever is available and more convenient. Send the form to the Michael G. Adams, Office of the Secretary of State, P.O. Box 718, Frankfort, KY 40602 for offline filing. You must search the Kentucky SOS official website for the appropriate form.

Step 3: Filing Fee and Processing Time

A filing fee of $10 must be paid to the SOS to obtain the Certificate of Existence. The amount might be more depending on the number of copies you request. If you request other document copies, you might have to pay an additional fee for that.

Processing Time: The Certificate of Existence’s processing time varies from state to state. Also, it depends on the expedited filing as well. It can take a few days to a few months to obtain the Certificate of Existence in Kentucky.

Step 4: Receive the Certificate of Existence

Once you submit the form and the necessary filing fee, your forms start processing. The process might take a lot of time. If you do not want to wait, you can check with the Kentucky SOS if they have expedited filing or not. In Kentucky, it can take up to a few months to receive the Certificate of Existence.

Why Do You Need a Certificate of Existence

The Certificate of Existence in Kentucky is a character certificate of any business. Obtaining this document makes your business legitimate officially. You need this document every now and then while making business decisions. You must obtain the document for the following reasons,

To get business loans and advances or investors
To get business bank accounts
To purchase insurance for business coverage
To renew licenses & permits
To set up your business in other states, for example, a Foreign LLC.
To sell or transfer your business completely or partially to another.
To get into a legal business contract with other businesses or clients.
If your LLC is dissolved for any administrative reasons and you want to restore it, you must obtain the Certificate of Existence for reinstatement.

The document is required as much as the formation document. Hence, obtaining the Kentucky Certificate of Existence is needed.

FAQs

What is a Kentucky Certificate of Existence?

A Kentucky Certificate of Existence is a document that proves a business entity is registered and in good standing with the state of Kentucky.

How can I obtain a Kentucky Certificate of Existence?

You can obtain a Kentucky Certificate of Existence by applying online through the Secretary of State’s website or by submitting a request via mail.

What information is included on a Kentucky Certificate of Existence?

A Kentucky Certificate of Existence typically includes the name of the business entity, the date of formation, the status of the entity, and the date the Certificate was issued.

Why do I need a Kentucky Certificate of Existence?

A Kentucky Certificate of Existence may be required in order to conduct certain business transactions, such as opening a bank account, securing financing, or entering into contracts.

How long is a Kentucky Certificate of Existence valid for?

A Kentucky Certificate of Existence is typically valid for 90 days from the date of issue.

Can I request a rush order for a Kentucky Certificate of Existence?

Yes, you can request a rush order for a Kentucky Certificate of Existence for an additional fee.

How much does a Kentucky Certificate of Existence cost?

The cost of a Kentucky Certificate of Existence varies depending on how you choose to request it and whether you need a rush order.

Can I check the status of my Kentucky Certificate of Existence request online?

Yes, you can check the status of your Kentucky Certificate of Existence request online through the Secretary of State’s website.

How long does it take to receive a Kentucky Certificate of Existence?

The processing time for a Kentucky Certificate of Existence varies, but it is typically issued within a few business days.

Can I request a Kentucky Certificate of Existence for any business entity in Kentucky?

Yes, you can request a Kentucky Certificate of Existence for any business entity that is registered and in good standing with the state of Kentucky.

What is the difference between a Kentucky Certificate of Existence and a Certificate of Good Standing?

A Kentucky Certificate of Existence confirms that a business is registered with the state, while a Certificate of Good Standing also verifies that the business is in compliance with all state regulations and has paid all necessary fees.

Can I request a Kentucky Certificate of Existence for a foreign (out-of-state) business entity?

Yes, you can request a Kentucky Certificate of Existence for a foreign business entity that is registered to do business in Kentucky.

Do I need a Kentucky Certificate of Existence if my business is not currently operating?

Yes, you may still need a Kentucky Certificate of Existence even if your business is not actively operating, especially if you plan to resume operations in the future.

Can I use a Kentucky Certificate of Existence as proof of my business’s tax compliance?

A Kentucky Certificate of Existence only confirms that your business entity is registered with the state, so it may not be sufficient as proof of tax compliance.

What can I do if my Kentucky Certificate of Existence is lost or damaged?

You can request a replacement Kentucky Certificate of Existence by contacting the Secretary of State’s office and providing the necessary information.

Can an individual request a Kentucky Certificate of Existence for a business?

In most cases, only individuals who have the authority to act on behalf of a business entity can request a Kentucky Certificate of Existence.

Do I need to have a Kentucky Certificate of Existence notarized?

Notarization requirements for a Kentucky Certificate of Existence may vary depending on the purpose of the document and the specific requestor.

Can I request multiple copies of a Kentucky Certificate of Existence?

Yes, you can request multiple copies of a Kentucky Certificate of Existence at the time of your initial request or at a later date.

Can I submit a request for a Kentucky Certificate of Existence on behalf of someone else?

Yes, you can submit a request for a Kentucky Certificate of Existence on behalf of someone else as long as you have the legal authority to do so.

Can I expedite the processing time for a Kentucky Certificate of Existence?

Yes, you can expedite the processing time for a Kentucky Certificate of Existence by requesting a rush order.

Is a Kentucky Certificate of Existence the same as a business license?

No, a Kentucky Certificate of Existence is not the same as a business license. A Certificate of Existence only confirms the registration status of a business entity with the state.

Can I use a Kentucky Certificate of Existence in another state?

A Kentucky Certificate of Existence is typically only valid within the state of Kentucky. If you need to conduct business outside of Kentucky, you may need to obtain a Certificate of Existence from that state.

What should I do if there is an error on my Kentucky Certificate of Existence?

If there is an error on your Kentucky Certificate of Existence, you should contact the Secretary of State’s office immediately to request a correction.

Can I request a Kentucky Certificate of Existence online?

Yes, you can request a Kentucky Certificate of Existence online through the Secretary of State’s website.

Can I request a Kentucky Certificate of Existence in person?

While some states allow for in-person requests, Kentucky generally prefers requests to be submitted online or through the mail.

Can I request a Kentucky Certificate of Existence over the phone?

No, Kentucky typically does not accept requests for a Certificate of Existence over the phone.

Can I request a Kentucky Certificate of Existence if my business is dissolved?

If your business has been dissolved, you may still be able to request a Kentucky Certificate of Existence, but it will state that the business is no longer active.

Can I request a Kentucky Certificate of Existence if my business is in bad standing?

If your business is in bad standing, you may need to rectify the issues that are causing the bad standing before you can request a Kentucky Certificate of Existence.

Can I request a Kentucky Certificate of Existence for a non-profit organization?

Yes, you can request a Kentucky Certificate of Existence for a non-profit organization if it is registered with the state.

What information is included in a Kentucky Certificate of Existence?

A Kentucky Certificate of Existence typically includes the name of the business entity, the type of entity, the date of formation or registration, and a statement confirming that the entity is in good standing with the state.

In Conclusion

The Certificate of Existence is a vital document for any business entity in Kentucky, as it enables you to expand your operations throughout the United States. It’s essential to provide accurate and truthful information in this document. If you plan to establish the same business in another state, obtaining a Certificate of Existence is necessary.

While forming a Limited Liability Company (LLC) or a Corporation in Kentucky, it is necessary to have some documents filed with the State authority. The Certificate of Existence is one of them. In some cases, if the business gets shut down or dissolved due to administrative reasons, this document helps the owners retrieve their business in the future. In this article, we shared DIY ways to get the document, but you can always hire a professional to get that for you.