Kentucky corporations: How to form and maintain your Kentucky corporation

Should you form your corporation in Kentucky? We've collected the relevant information that will help you make this decision.

Pros

• Low cost of doing business

• Low labor costs

• Tax rate of 4-6%

Cons

• Owner disclosure in periodic report

Cost of doing business

• $50 filing fee / $15 periodic report

Privacy

• Owner disclosure in periodic report

Forming your corporation in Kentucky

The name In order to communicate to the public that your new business is incorporated, its official name will need to end with one of the following signifiers (or a relevant abbreviation): “incorporated”, “Company”, or “corporation.” In addition, it is required that the name of your business is not intentionally misleading to consumers, for any reason. Your company’s new name must also be completely unique, and not deceptively similar to any other organizations name or trademarks. There are also naming restrictions placed the use of certain terms in the engineering field, these restrictions can be cleared by reaching out to the Kentucky’s engineering license boards. Do a FREE name search now.

Board of directors requirements You will need to form an official board of directors when incorporating in Kentucky. Here are the states explicit regulations regarding these directors:

• Required number of directors

  Kentucky corporations must have at least one director listed in their incorporation documents.

• Age restrictions

  Directors of corporations located in Kentucky can be of any age.

• Residence restrictions

  There are no residence restrictions imposed on the directors of C corporations in Kentucky. However, S corporations are only allowed to have directors located in the United States.

• What information needs to be included in the Articles of Incorporation?

  Kentucky does not require the names or addresses of directors to be disclosed in incorporation documents.

Requirements for the Articles of Incorporation

The Articles of Incorporation is a document that must be filed during the incorporation process in every state. Here is the information that must be included in this document when filing in Kentucky:

Stock information Kentucky requires the number of initial shares outstanding, and their par value, to be disclosed during the incorporation process. The number of outstanding shares does not affect initial state filing fees.

Officer information The state of Kentucky does not require officer information to be disclosed during the filing process.

Registered agent information All Kentucky corporations must have a registered agent on file, and submit their name and address (which cannot be a PO box). This agent will be required to be accessible during standard business hours, and act as the state’s point of contact with the company. Learn more about registered agents.

Additional Kentucky filing requirements

Many states have steps in the incorporation process that are unique to that state. These can also vary at the municipality or county level as well. Here are the steps required throughout all of Kentucky:

County level formalities Some counties in Kentucky require county level filing.  

If your business is a professional practice Professional service corporations are permitted to form under the professional corporation (PC) structure.

Corporate record keeping requirements

Corporations are required to keep formal documentation regarding several of their operations. These are the explicit record keeping formalities required by Kentucky:

• A copy of the Articles of Incorporation, bylaws, and their amendments

• The business address and names of all officers and directors

• Formal, in-depth documentation of all stock related resolutions

• Meeting minutes for all shareholder and director meetings

• A copy of all written communications with shareholders within the previous three years

• A copy of the corporation’s most recent annual report

• Formal documentation of all director and shareholder decisions, regardless of if they were made during a meeting or not.

Kentucky corporate taxation and fee requirements

There are several tax and fee requirements that must be addressed by corporations in Kentucky. They are as follows:

Taxation All states have complex taxation requirements. For more information regarding taxes in Kentucky, it is advised that you visit the state’s official business related website. 

Annual report requirements Corporations in Kentucky are required to file an annual report by June 30th each year. There is currently a $15 fee associated with this process. Learn more about annual reports.

Tax identification numbers Kentucky requires an EIN (employee identification number) for all corporations that will have employees, and most banks will require one to open accounts. Kentucky does require corporations to obtain state tax ID numbers. Learn more about EINs.

Business license requirements

The business licenses and permits required in Kentucky vary wildly depending on the county or municipality in which your new corporation is located. If you would like to see more in-depth information on licenses and permits, please feel free to visit the content in our learning library that covers business licenses and permits.

S corporation election Kentucky does not require a state-level S corp election, as they recognize any elections held at the federal level.

Need a Kentucky LLC instead? File online with us today.