Public-domain · open source
OpenJurist

KRS 14A.2-130

Certificate of existence

Known as the Kentucky Business Entity Filing Act

The act spans §§ 14A.1-010 to 14A.9-090 (51 sections).

Effective: July 12, 2012 History: Amended 2012 Ky

(1) Anyone may apply to the Secretary of State to furnish a certificate of existence for an entity.

(2) A certificate of existence shall set forth:

(a) The entity's real name;

(b) That the entity was duly organized under the laws of this Commonwealth, the date of its organization, and the period of its duration if less than perpetual;

(c) That no articles of dissolution, statement of cancellation, or document of similar import is effective;

(d) That all fees, taxes, and penalties owed to this Commonwealth have been paid, if:

1. Payment is reflected in the records of the Secretary of State; and 2. Nonpayment affects the existence of the entity;

(e) That its most recent annual report required by KRS 14A.6-010 or predecessor law has been filed by the Secretary of State; and (f) Subject to KRS 14A.2-120(3), other facts of record in the office of the Secretary of State that may be requested by the applicant.

(3) Subject to any qualification stated in the certificate, a certificate of existence issued by the Secretary of State may be relied upon as conclusive evidence that the entity is in existence.

(4) This section shall not apply to:

(a) Partnerships organized pursuant to KRS Chapter 362 or 362.1;

(b) Limited partnerships other than those subject to KRS Chapter 362.2;

(c) Business trusts governed as to their internal affairs by KRS Chapter 386; or (d) An individual series of a series entity.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.