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Kentucky puts the risk on the company. The Secretary of State's business filings page says that service on the registered agent is deemed to be service on the entity, regardless of whether the agent actually forwards the notice. If your agent leaves a summons in a drawer, you have still been served. So the agent you name should be someone who reads and forwards mail. Our Kentucky LLC guide covers formation, and the Kentucky business guide covers the search.
What does Kentucky require?
Each entity must designate a registered agent and a registered office in Kentucky, where process such as summonses and subpoenas may be served. The state's FAQ describes the agent as an individual or another business entity.
That is the whole rule on the pages we read in full. The Kentucky statutes, including KRS Chapter 275 for LLCs, hold the detail. Read them or ask an attorney if your situation is unusual.
How is it different from the principal office?
Kentucky keeps two addresses apart. Every entity formed or doing business in the state must have a principal office, in or outside Kentucky, and the Secretary of State mails its correspondence there. The registered office is where process is served. A company can use different addresses for each, and each has its own change filing.
How do I change the agent or office?
File a statement of change. The state says to file one any time the entity changes its principal office, registered agent or registered office. The Kentucky filing exists in two parts: Statement of Change of Principal Office (POC) and Statement of Change of Registered Agent and Office (RAC).
The fee schedule lists the registered agent or office change at $10 for a domestic LLC, not to exceed a total of $2,000. The state's online services allow the statement of change to be filed online, so you do not need to mail it.
Why can't I fix it on the annual report?
Your annual report must confirm the principal office and the registered agent and office. That seems like the natural place to fix an old agent. But the state says you cannot make those changes on the annual report postcard. They must come through a statement of change. It makes sense to file the statement first.
The report is due by June 30 each year after the year of formation. See annual report deadlines for how Kentucky compares, and our Kentucky LLC guide for the fee.
What if the LLC was dissolved?
An LLC that misses the June 30 annual report is administratively dissolved and sits in bad standing until it reinstates. The reinstatement packet includes a statement of change of principal office and registered office, if you are changing your address. The reinstatement penalty is $100.
The state says documents other than annual reports are usually processed the same day they arrive, and it can take up to three business days. So a statement of change filed this week should reach the record quickly.
An LLC formed in another state registers with an Application for Certificate of Authority, which costs $90, and names a Kentucky agent and office as well.
How do I look up an agent?
Use the Secretary of State's online searches. They let you search by organization name or identification number, by officer name, by founding officer, and by registered agent name. Our registered agent lookup guide walks through the steps.
Should I be my own agent?
That depends on who will be at the registered office to receive the papers, since service on the agent counts as service on you. The own-agent guide covers the trade-offs, registered agent services covers paid agents, and service of process explains what the papers are.