How to Register a Business Name in Kentucky
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You can register your business name in Kentucky via three methods. You can create a distinct legal entity by forming an LLC or Corporation or choose to file a DBA (known officially as an Assumed Name) if you operate as a sole proprietor or general partnership. For increased legal protection and nationwide recognition of your business name consider filing a federal trademark.
You should register your business name before other registrations for Kentucky businesses, such as:
- Filing your Kentucky Tax Registration Application (Form 10A100) with the Kentucky Department of Revenue (DOR) for sales and use tax, or an employer withholding tax account
- Registering as an employer with the Kentucky Unemployment Insurance program
- Obtaining occupational licenses and permits from the Kentucky Department of Professional Licensing
- Getting an Employer Identification Number (EIN) from the IRS
- Opening a business bank account
How much does it cost to Register a Business Name in Kentucky?
The cost to register a Kentucky business name varies depending on the type of registration:
- Kentucky LLC cost: $40
- Kentucky Corporation cost: $50
- Kentucky DBA cost: $46
Steps to Registering a Business Name in Kentucky:
1. Check Business Name Availability
As you start the process of registering your business in Kentucky, checking your name is one of the most important steps. You want to be sure the name you like isn’t already taken or is too similar to other names in use. This is a big deal because it helps you avoid problems like having the same name as another business or denial of your registration. To cover all your bases, make sure to do three specific kinds of searches:
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Start your Kentucky business name search with the help of professionals.
Trademark Search
Ensuring your business name’s availability starts with a trademark search. Trademarks hold federal-level protection, superseding local and state registrations, so you need to make sure your chosen name isn’t trademarked. If it matches an existing trademark, consider developing a new business name to avoid potential problems.
The U.S. Patent and Trademark Office (USPTO) database can be searched by visiting the Trademark Electronic Search System (TESS) page. However, understanding TESS results can be challenging for those unfamiliar with the system. For a more accessible experience, you can use the Free Trademark Search by Trademark Engine, which simplifies the results.
Kentucky Business Name Search
After ensuring that your desired business name wasn’t previously trademarked, the next step is conducting a Kentucky business name search. Use the Kentucky FastTrack Business Organization Search to ensure your name isn’t already registered in the Kentucky business database.
Do more than just search for an exact match of your chosen name. Try partial name searches and use wildcard characters. If you don’t, your business name registration could be rejected if it’s too similar to an existing business.
Pro Tip: Keep a vigilant eye on whether your intended business name has historical usage, even if it currently appears available. Choosing to use a previously registered name can trigger issues when attempting to secure an EIN.
Using a previously registered name often triggers an error during the EIN application process, leading to the issuance of reference number 101. Such an error arises when your chosen name matches or closely aligns with a name that has already been assigned an EIN. If the IRS system detects historical registration, your application will be returned with reference error 101. For EIN applications that get reference error 101, the only way to get an EIN issued under that name is to contact the IRS and send formation-related documents via fax, which is quite cumbersome.
Website Domain Search
After verifying there’s no trademark or state registration issues with your business name, the last step is making sure your website domain name is available. You may find that someone else already has the .com or ideal version of your domain name, so you’ll need to decide if you’ll be ok with that or if you need to start from the beginning again. If your domain name is available, you should register it even if you don’t plan on making a website anytime soon to prevent anyone else from using it. You’ll need to register your domain if you want email addresses with your business name.
Domain Name and Business Email
You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.
2. Choose a Business Structure
Before you register your business name in Kentucky, it’s vital to determine the appropriate business structure. This choice impacts the type of registration you’ll need to complete and has an impact on import aspects of your business, such as personal liability protection, financing opportunities, and tax implications. Consider factors like the number of owners, financial requirements, your tolerance for liability, and tax preferences. Our guide Choosing a Business Structure provides comprehensive information for further insights.
Recommended Business Structure:
Considering an LLC is a solid move for new businesses. You get the best of all worlds – liability protection that sole proprietors and partnerships can’t match, and you steer clear of the double taxation burden faced by corporations. Keep things simple while enjoying these unique perks.
You can use a professional filing service to get help from experts filing your LLC. Check out our list of the best LLC filing services to find the right one for your business.
LLC
An LLC is a business entity under Kentucky law (KY Rev Stat § 275) that safeguarding owners from personal liability for company obligations, with the added benefits of adaptable management structures and potential tax advantages.
Learn More: What is an LLC
LLC Pros
- Personal liability protection
- Legally separate entity
- Default pass-through taxation (business income taxed once)
- Unlimited number of owners (members)
- Flexible management – can be run by members or non-owner managers
- Option for S-Corp tax status
LLC Cons
- Upfront filing costs
- Ongoing cost and filings to stay compliant
- Unable to go public
Do you need to register to be an LLC in Kentucky?
Yes, to establishing your business legally as an LLC in Kentucky you must complete registration with the Business Services Division of the Kentucky Secretary of State.
Corporation
A corporation is business type under Kentucky law (KRS Chapter 271B) that is recognized as legally separate from it’s owners. As a result the owners (known as shareholders) have personal liability protection. It’s a good choice for business that plan on raising large amounts of outside capital or going public in the future.
Learn More: What is a Corporation
Corporation Pros
- Personal liability protection
- Legally separate entity
- Unlimited number of owners (shareholders)
- Easier to raise capital by selling stock
- Able to go public
- Option for S-Corp tax status
Corporation Cons
- Default double taxation
- Upfront filing costs
- Ongoing costs and filings to stay compliant
- Increased record keeping requirements
- Strict management structures set by law
Do you need to register to be a Corporation in Kentucky?
Yes, for legal recognition as a Corporation in Kentucky, you need to be registered with the Business Services Division of the Kentucky Secretary of State.
Sole Proprietor
A sole proprietorship is an individual’s business. Launch with ease and fewer forms. There’s no legal separation between the business and owner, which means they have unlimited personal liability.
Learn More: What is a Sole Proprietorship
Sole Proprietor Pros
- Easy and inexpensive to start
- Simple taxes (business income taxed once)
- Easy to maintain
- Complete control for owner
Sole Proprietor Cons
- Unlimited Liability Risk
- Hard to raise money and get loans
- Not separate from owner
- Difficult to sell business
- No other tax status options
Do you need to register your sole proprietor business name in Kentucky?
In Kentucky, for sole proprietorships, it’s important to be aware that if your chosen business name doesn’t contain your full name, it’s required that you file a “doing business as” name (DBA). For example, if your full name is “Kelly Martin” and you run an Italian restaurant, you won’t need to register the name “Kelly Martin’s Italiana,” but, if you want to use a branded name like “Cucina Amore Italiana,” you’d need Kentucky (DBA).
Partnership
A partnership is established by 2 or more owners who agree to share responsibilities, assets, profits, and legal liabilities. Profits and losses flow directly to owners, who report their respective portions on personal taxes.
Learn More: What is a Partnership
Partnership Pros
- Easy and inexpensive to start
- Pass-through taxation (business income taxed once)
- Unlimited number of owners (partners)
- Shared business responsibilities
Partnership Cons
- Unlimited Liability Risk
- Responsible for partners’ actions
- Hard to raise outside capital
- Not separate from partners
- Difficult to sell business
- No other tax status options
Do you need to register your partnership business name in Kentucky?
In Kentucky, a partnership is required to register a “doing business as” (DBA) name if the last names of all partners are not included in the business name. For instance, consider a bakery partnership comprising Daniel Garcia, Sophia Lee, and Olivia Brown. They can operate as “Garcia, Lee & Brown Bakery Delights” without filing. However, if they opt for a creative business identity like “Sweet Harmony Confections,” they must file an Assumed Name (DBA) name.
3. File your Kentucky Business Name Registration
Having secured your business name and decided on its structure, it’s time to make things official in Kentucky. Navigate to the registration process that aligns with your business type. If you’re starting as a sole proprietorship or partnership, you’ll register your business name via a DBA filing.
Register a Kentucky LLC Name
If you’re planning to register an LLC in Kentucky, you’ll need to file a document known as Articles of Organization with the Business Services Division of the Kentucky Secretary of State. There is filing fee of $40 to create a Kentucky LLC. You’ll provide key details about your business in your Articles of Organization, such as:
- LLC Name
- Information about the LLC members (owners) and managers (if applicable)
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
Kentucky LLC Name Requirements
Kentucky LLCs must use a name that follows the naming rules outlined in Kentucky law (KY Rev Stat § 14A.3-010):
- Must be distinguishable (unique) from all others businesses registered with the Business Services Division of the Kentucky Secretary of State
- Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
- Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Cooperative
For more in-depth information check out our How to Start an LLC in Kentucky guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a Kentucky LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a Kentucky LLC.
Register a Kentucky Corporation Name
To officially establish a Corporation in Kentucky, you’ll need to file Articles of Incorporation with the Business Services Division of the Kentucky Secretary of State, which costs $50. In your Articles of Incorporation submission, you’re required to include specific information, such as:
- Corporation Name
- Names and addresses of the board of the directors
- Number and type of authorized shares
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
Kentucky Corporation Name Requirements
Corporations in Kentucky are required to use a name that follows the rules detailed under Kentucky law (KY Rev Stat § 14A.3-010):
- Must be distinguishable (unique) from all others businesses registered with the Business Services Division of the Kentucky Secretary of State
- Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
- Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Cooperative
Want to Incorporate in Kentucky?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in Kentucky, which covers each step you’ll need to complete to start a Kentucky corporation.
Register a Kentucky DBA (Assumed Name)
A Kentucky DBA (Assumed Name) allows a business to operate using a business name that is different than their legal name. To register a Kentucky DBA you’ll need to complete a Certificate of Assumed Name application and submit it to the county clerk’s office, along with the filing fee of $46. You’ll need to provide the following information:
- Name and address of Applicant(s)
- Business Name (Assumed Name)
- Address where business is transacted
Kentucky DBA (Assumed Name) Requirements
The rules for a Kentucky Assumed Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Assumed Name. DBAs also can’t contain prohibited words or words that imply association with government entities.
You’re required to register a DBA if you operate under any name other than your legal name in Kentucky. Any person or business found to be in violation of KRS 365 is subject to fines, and potential imprisonment for up to 30 days. Each day of continued violation can constitute a separate offense.
Kentucky DBA Registration Assistance
Get help registering your Kentucky DBA with Swyft Filings. Packages starting at $99 (plus filing fees).
4. File a Trademark (Optional)
Securing a trademark can provide increased control and protection over your Kentucky business name. As a federal registration, a trademark can allow you to own your business name nationwide.
Trademark applications can be submitted online, but navigating the entire trademark process can be complex and time-consuming. On average, it takes 7-9 months before a USPTO examining attorney reviews your application. Meticulous preparation of your initial application is crucial to get your application approved as quickly as possible.
Consider seeking guidance from a qualified attorney or specialized filing service to simplify the trademark registration process. Their expertise can save time and simplify application submission and subsequent interactions.
Trademark Filing Assistance
Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).
Additional Business Resources in Kentucky
For more help, check out our How to Start a Business in Kentucky guide, or use these resources:
- Kentucky Secretary of State – Official source for business registration and information about legal entities in the state.
- Kentucky Department of Revenue – Offers tax-related guidance for businesses, including sales tax, income tax, and employer withholding.
- Kentucky Chamber of Commerce – Provides networking opportunities, business advocacy, and resources to support economic growth.
- Kentucky Small Business Development Center (SBDC) – Offers free consulting and resources for small businesses, including startup guidance and market research.
- SCORE Kentucky – Connects entrepreneurs with mentors for business advice and guidance on various aspects of starting up.
- Kentucky Economic Development Finance Authority (KEDFA) – Offers information about financing and incentive programs to support business growth in the state.