How to Amend Articles of Organization in Kentucky (2024)


Steve Bennett
Steve Bennett
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Amend Kentucky Articles of Organization

Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in Kentucky, you must file the formation document. At some point in time, if you might need to update/change any of the information shared in the Articles of Organization, you must file the Articles of Amendment with Kentucky SOS.

To amend your Kentucky Articles of Organization, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the Kentucky SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend Kentucky Articles of Organization without any hassle. Note that the process explained here is a generic process. It is recommended to consult a professional or attorney beforehand.

What is Articles of Organization in Kentucky?

The Articles of Organization is a document that is required to form an LLC in Kentucky. The document must be submitted online or by mail to the Kentucky Secretary of State. Certain details need to be added while filing the Kentucky Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-

articles of organization
  • Name of your Kentucky LLC
  • The principal address of the LLC
  • Name and address of the Kentucky Registered Agent
  • Names of all the members and managers of the LLC
  • Summary of the LLC’s operation
  • Start date of the LLC
  • Purpose of the LLC
  • Signature of all the members and managers of the LLC

How to Amend Kentucky Articles of Organization

Changes such as name, physical address of the business, address or/and name of the Kentucky Registered Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in Kentucky. There are three prominent steps to follow. The steps are as follows-

Step 1: Determine What Changes You Need in Kentucky LLC

The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.

These are common changes that often occur in limited liability companies. If you have to make those changes, you must proceed with drafting the Articles of Amendment with Kentucky Secretary of State.

Step 2: Draft the Kentucky Articles of Amendment

The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-

  • Name of the LLC
  • Purpose of the LLC
  • Entity filing number
  • Amendments
  • Members and Managers’ signature.
  • Along with these details, LLCs must submit more documents to the Kentucky SOS.

Step 3: File Kentucky Articles of Amendment

To file the Articles of Amendment in Kentucky, you need either an online or offline form. You can do that online in most states by signing in to the Secretary of State’s official portal. To file the amendment in Kentucky, you must fill up the form (online or offline) and send it back to the SOS (online or by mail).

For the online filing, the form must be submitted using the Kentucky Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the Michael G. Adams, Office of the Secretary of State, P.O. Box 718, Frankfort, KY 40602. The amendment filing fee of $20 must be paid at the time of form submission.

Why Amend Articles of Organization?

There are six reasons why you need to file the Articles of Amendment in Kentucky. Following are the six points to note-

Change of Kentucky LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the Kentucky SOS through Amendment.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.

Tip from LLCBuddy

Change of Kentucky LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then Kentucky LLC has to file the amendment certificate.

Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the Kentucky SOS.

Change of Kentucky LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.

Change of the Purpose of Kentucky LLC: The purpose of the LLC is mentioned in the Articles of Organization when it is filed. If the purpose is changed at any time, for example, a non-profit in Kentucky changes to a for-profit organization, or vice-versa, it must be filed with the SOS.

Change of Kentucky Tax Structure: The Kentucky LLC classification of taxes is mentioned in the Articles of Organization at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with Kentucky SOS.

Cost to File Kentucky Articles of Amendment

The cost of filing the Amendment Certificate in Kentucky is $20. For other types of filing costs, please visit the official website of Kentucky Secretary of State.

Penalties for Not Filing Articles of Amendment

Failure to amend Kentucky Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in Kentucky. Another consequence of not filing an amendment in Kentucky is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and the LLC does not file an amendment, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

How do I amend my Kentucky Articles of Organization?
You can amend your Kentucky Articles of Organization by filing Articles of Amendment with the Kentucky Secretary of State.
Can I change the name of my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the name of your Kentucky LLC by including the new name in the Articles of Amendment.
What is the filing fee for amending the Articles of Organization in Kentucky?
The filing fee for amending the Articles of Organization in Kentucky is $40.
Do I need to provide a reason for amending my Kentucky Articles of Organization?
No, you do not need to provide a reason for amending your Kentucky Articles of Organization.
How long does it take to process an amendment to the Articles of Organization in Kentucky?
The processing time for an amendment to the Articles of Organization in Kentucky is typically 3-5 business days.
Can I use the Kentucky e-filing system to amend my Articles of Organization?
Yes, you can use the Kentucky e-filing system to amend your Articles of Organization.
Do I need to notify members of my Kentucky LLC when amending the Articles of Organization?
It is not required to notify members of your Kentucky LLC when amending the Articles of Organization.
Can I add additional members to my Kentucky LLC when amending the Articles of Organization?
Yes, you can add additional members to your Kentucky LLC when amending the Articles of Organization.
What information do I need to include in the Articles of Amendment for my Kentucky LLC?
You will need to include the name of your LLC, the date of initial filing, and the changes you are making in the Articles of Amendment.
Can I change the registered agent for my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the registered agent for your Kentucky LLC when amending the Articles of Organization.
Can I change the business address for my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the business address for your Kentucky LLC when amending the Articles of Organization.
Do I need to obtain approval from the Kentucky Secretary of State before amending my Articles of Organization?
No, you do not need to obtain approval from the Kentucky Secretary of State before amending your Articles of Organization.
Can I change the purpose of my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the purpose of your Kentucky LLC when amending the Articles of Organization.
Can I change the management structure of my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the management structure of your Kentucky LLC when amending the Articles of Organization.
Do I need to update my operating agreement when amending the Articles of Organization for my Kentucky LLC?
It is recommended to update your operating agreement when amending the Articles of Organization for your Kentucky LLC to ensure consistency.
Can I dissolve my Kentucky LLC through the amendment process?
No, you cannot dissolve your Kentucky LLC through the amendment process. You would need to file Articles of Dissolution separately.
Can I add additional business activities for my Kentucky LLC when amending the Articles of Organization?
Yes, you can add additional business activities for your Kentucky LLC when amending the Articles of Organization.
How do I make changes to the membership structure of my Kentucky LLC?
You can make changes to the membership structure of your Kentucky LLC by amending the Articles of Organization.
Can I change the fiscal year end of my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the fiscal year end of your Kentucky LLC when amending the Articles of Organization.
Are there any restrictions on the changes I can make to my Kentucky LLC through the amendment process?
You are generally free to make any changes you wish to your Kentucky LLC through the amendment process, as long as they comply with state law.
Do I need to publish notice of the amendment to the Articles of Organization in a newspaper in Kentucky?
No, you do not need to publish notice of the amendment to the Articles of Organization in a newspaper in Kentucky.
Can I expedite the processing of my amendment to the Articles of Organization in Kentucky?
Yes, you can expedite the processing of your amendment to the Articles of Organization in Kentucky for an additional fee.
What is the difference between amending the Articles of Organization and filing an annual report for a Kentucky LLC?
Amending the Articles of Organization involves making changes to the fundamental structure of the LLC, while filing an annual report is a requirement to provide updated information about the LLC to the state.
Can I file an amendment to the Articles of Organization online in Kentucky?
Yes, you can file an amendment to the Articles of Organization online in Kentucky through the Secretary of State’s website.
If I am amending my Articles of Organization to change my Kentucky LLC from member-managed to manager-managed, what do I need to include in the Articles of Amendment?
You will need to specify the change in management structure and provide the names and addresses of the new managers in the Articles of Amendment.
Can I add or remove a member from my Kentucky LLC when amending the Articles of Organization?
Yes, you can add or remove a member from your Kentucky LLC when amending the Articles of Organization.
Can I change the duration of my Kentucky LLC when amending the Articles of Organization?
Yes, you can change the duration of your Kentucky LLC from perpetual to a specific term, or vice versa, when amending the Articles of Organization.
Is there a specific form I need to use to file an amendment to the Articles of Organization in Kentucky?
Yes, you will need to use the Articles of Amendment form provided by the Kentucky Secretary of State to file an amendment to the Articles of Organization.
Can I include multiple changes in a single amendment to the Articles of Organization for my Kentucky LLC?
Yes, you can include multiple changes in a single amendment to the Articles of Organization for your Kentucky LLC, as long as they are clearly outlined in the Articles of Amendment form.
Can I amend my Articles of Organization online in Kentucky?
Yes, you can file your Articles of Amendment online through the Kentucky Secretary of State’s website.

Also Read

In Conclusion

While running a limited liability company in Kentucky, it might be possible to make changes. From the name of the business to the Registered Agent, the management of the LLC can be changed over time. Every time you make any changes, you must file the amendment. You must consider that changing LLC names should not occur more often unless it is totally required. The name is the first identity of your LLC; changing it frequently directly affects the company’s branding. Filing the Articles of Amendment is mandatory as well as crucial, and failure to do so can lead to legal issues and non-compliance with state laws.

This article shares all the important steps you need to follow to file the Articles of Amendment in Kentucky. While you follow the steps shared in this article, make sure to consult a professional or attorney. If you are looking for a professional LLC formation service at $0, we recommend ZenBusiness. By following the steps outlined in this article and submitting the necessary documents to the Kentucky Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.

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