Kentucky Statutes 14A.2-130 – Certificate of existence
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(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.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 80, effective July 12, 2012. — Created
2010 Ky. Acts ch. 151, sec. 20, effective January 1, 2011.
(2) A certificate of existence shall set forth: (a) The entity’s real name;
Terms Used In Kentucky Statutes 14A.2-130
- Business: includes every trade, occupation, and profession. See Kentucky Statutes 14A.1-070
- Entity: means a corporation, business or statutory trust, partnership, limited partnership, limited liability company, limited cooperative association, or unincorporated nonprofit association, governed as to its internal affairs by the laws of the Commonwealth of Kentucky. See Kentucky Statutes 14A.1-070
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Organized: means organized, incorporated, or formed. See Kentucky Statutes 14A.1-070
- Series entity: means an entity or a foreign entity authorized and enabled by its organic act and organizational filing to create series having separate rights, powers, or duties with respect to specific property or obligations of the series entity, or the profits and losses associated with specific property or obligations. See Kentucky Statutes 14A.1-070
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 81, sec. 80, effective July 12, 2012. — Created
2010 Ky. Acts ch. 151, sec. 20, effective January 1, 2011.