Get an Operating Agreement for your new LLC |
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Form your Kentucky LLC for free!
IT'S QUICK AND EASY
FormLLCDirect provides entrepreneurs and business owners with direct access to the tools and information needed to form your Kentucky LLC for FREE!
STEP 1
CHECK NAME AVAILABILITY FOR YOUR KENTUCKY LLC
Generally, a limited liability company ("LLC") in Kentucky may use any permissible name that is not the same as or deceptively similar to existing corporations, partnerships, limited partnerships, or other LLCs. You may verify that the name you have selected for your new Kentucky LLC is available. There is no fee for this service.
Kentucky LLC Check Name Availability
STEP 2
FORM YOUR KENTUCKY LLC
A Kentucky limited liability company is formed by filing a document called
The Articles of Organization with the Kentucky Secretary of State and paying
a fee of $40. Checks should be made payable to the “Kentucky State Treasurer”.
You should mail a copy of the Articles with the check to the following address:
Trey Grayson Room
Office of the Secretary of State
P. O. Box 718
Frankfort, KY 40602-0718
To complete The Articles of Organization you must include:
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The name of the LLC. The name must include the words limited liability company, LLC or L.L.C. at the end of the entity name.
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The name and address of the registered agent of the limited liability company in Kentucky. A registered agent is the person designated to receive service of process upon litigation. This person must be located in Kentucky at a physical address. Post Office boxes and commercial personal mail boxes are not acceptable.
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The address of the LLC's primary office.
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Whether the LLC will be managed by members or managers and list their respective addresses. A member managed LLC means that every member has authority to act on behalf of the business. If the LLC will have only one owner, typically the LLC will be member managed. With a manager managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect “managers” and it is the managers who have this authority. A manager managed LLC can either be managed by one or more members or by appointed non-members. A manager managed LLC is typically the structure of choice for multi-member LLCs for a number of reasons. With no management structure, multiple owners acting on behalf of the LLC by signing checks or contracts could lead to potential problems for the LLC and its members. In addition, where one or more members are “passive members (not actively engaged in management) using a manager managed structure is useful in order to create a layer between the members and managers. It is important that a manager managed LLC have a well drafted LLC Operating Agreement that sets out the rules and procedures for the managers to follow when managing the LLC.
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The registered agent and each organizer of the LLC must sign the Articles. The organizer is generally not required to be a member of the LLC.
STEP 3
GET A CUSTOMIZED KENTUCKY OPERATING AGREEMENT
It is extremely important that every Kentucky LLC has an LLC Operating Agreement. The LLC Operating Agreement is the core document that is referred to when issues concerning the LLC need to be resolved. The LLC Operating Agreement reflects the agreement among the members with respect to the affairs and management of the LLC, as well as governs the relationship amongst the members of the LLC.
STEP 4
GET AN EIN FOR YOUR NEW LLC
An Employer Identification Number (EIN) is also referred to as a Federal Tax Identification Number. The EIN is generally used to identify a business entity. In general, every business requires an EIN.
Receive your entity's EIN for FREE in minutes
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