Kentucky Statutes 14A.6-010 – Annual report
Current as of: 2024 | Check for updates
|
Other versions
(1) Each entity and each foreign entity authorized to transact business in this Commonwealth shall deliver to the Secretary of State for filing an annual report that sets forth:
(a) The name of the entity or foreign entity and the state or country under whose law it is organized;
(b) The address of its registered office and the name of its registered agent at that office in this Commonwealth;
(c) The address of its principal office; and
(d) With respect to each:
1. Corporation, not-for-profit corporation, cooperative, association, or limited cooperative association, whether domestic or foreign:
a. The name and business address of the secretary or other officer with responsibility for authenticating the records of the entity;
b. The name and business address of each other principal officer;
and
c. The name and business address of each director;
2. Manager-managed limited liability company, whether domestic or foreign, the name and business address of each manager;
3. Limited partnership, whether domestic or foreign, the name and business address of each general partner;
4. Business trust, whether domestic or foreign, the name and business address of each trustee;
5. Professional service corporation, domestic or foreign, a statement that each of the shareholders, not less than one-half (1/2) of the directors, and each of the officers other than secretary and treasurer is a qualified person; and
6. Unincorporated nonprofit association, the name and business address of each manager.
(2) Information in the annual report shall be current as of the date the annual report is executed on behalf of the entity or foreign entity.
(3) The first annual report shall be delivered to the Secretary of State between January 1 and June 30 of the year following the calendar year in which an entity was organized or a foreign entity was authorized to transact business in this state. Subsequent annual reports shall be delivered to the Secretary of State between January 1 and June 30 of each following calendar year.
(4) If an annual report does not contain the information required by this section, the Secretary of State shall promptly notify the entity or foreign entity in writing and return the report to it for correction, which notification may be accomplished electronically. For purposes of KRS § 14A.2-130 or 14A.2-140, an annual report returned for correction shall not be deemed to have been delivered until it is returned and accepted by the Secretary of State.
(5) An entity or foreign entity may amend the information in its last filed annual
report by delivery of an amendment to the annual report to the Secretary of
State for filing on such form as is provided by the Secretary of State.
(6) An unincorporated nonprofit association that has filed a certificate of association is subject to this section.
(7) The requirement to file an annual report shall not apply to:
(a) A limited partnership governed as to its internal affairs by the Kentucky
Uniform Limited Partnership Act as it existed prior to its repeal by 1988
Ky. Acts ch. 284, sec. 65;
(b) A partnership other than a limited liability partnership that has filed a statement of qualification pursuant to KRS § 362.1-951 or a foreign limited liability partnership;
(c) A foreign rural electric cooperative or foreign rural telephone cooperative not required to qualify to transact business by a filing with the Secretary of State; or
(d) An unincorporated nonprofit association that has not filed a certificate of association.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 193, sec. 5, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 34, sec. 4, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 160, sec. 129, effective July 12, 2012. — Amended 2011 Ky. Acts ch. 29, sec. 7, effective June 8, 2011. — Created 2010 Ky. Acts ch. 151, sec. 34, effective January 1, 2011.
(a) The name of the entity or foreign entity and the state or country under whose law it is organized;
Terms Used In Kentucky Statutes 14A.6-010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Business: includes every trade, occupation, and profession. See Kentucky Statutes 14A.1-070
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means a business corporation governed as to its internal affairs by KRS Chapter 271B, a cooperative or association governed as to its internal affairs by KRS Chapter 272, a nonprofit corporation governed as to its internal affairs by KRS Chapter 273, and a rural electric or rural telephone cooperative corporation governed as to its internal affairs by KRS Chapter 279. See Kentucky Statutes 14A.1-070
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- 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
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Foreign limited liability partnership: means a partnership that:
(a) Is formed under laws other than the laws of this Commonwealth. See Kentucky Statutes 14A.1-070 - Foreign rural electric cooperative: means a rural electric cooperative organized otherwise than under KRS §. See Kentucky Statutes 14A.1-070
- Limited cooperative association: means a limited cooperative association governed as to its internal affairs by KRS Chapter 272A. See Kentucky Statutes 14A.1-070
- Limited liability partnership: means a partnership that has filed a statement of qualification under KRS §. See Kentucky Statutes 14A.1-070
- Organized: means organized, incorporated, or formed. See Kentucky Statutes 14A.1-070
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: means an association of two (2) or more persons to carry on as co- owners a business for profit formed under KRS §. See Kentucky Statutes 14A.1-070
- Person: means an individual, an entity, a foreign entity, or any other legal or commercial entity. See Kentucky Statutes 14A.1-070
- Principal office: means the address required by this chapter or the organic act to be of record with the Secretary of State as the principal office, the principal place of business address, the designated office of a limited partnership, or the chief executive office of a limited liability partnership. See Kentucky Statutes 14A.1-070
- Registered agent: means a registered agent appointed in accordance with KRS
14A. See Kentucky Statutes 14A.1-070 - Registered office: means the registered office identified in accordance with and
satisfying the requirements of KRS §. See Kentucky Statutes 14A.1-070 - Rural telephone cooperative: means a rural telephone cooperative governed as to its internal affairs by KRS §. 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
- Trustee: A person or institution holding and administering property in trust.
- Year: means calendar year. See Kentucky Statutes 446.010
(b) The address of its registered office and the name of its registered agent at that office in this Commonwealth;
(c) The address of its principal office; and
(d) With respect to each:
1. Corporation, not-for-profit corporation, cooperative, association, or limited cooperative association, whether domestic or foreign:
a. The name and business address of the secretary or other officer with responsibility for authenticating the records of the entity;
b. The name and business address of each other principal officer;
and
c. The name and business address of each director;
2. Manager-managed limited liability company, whether domestic or foreign, the name and business address of each manager;
3. Limited partnership, whether domestic or foreign, the name and business address of each general partner;
4. Business trust, whether domestic or foreign, the name and business address of each trustee;
5. Professional service corporation, domestic or foreign, a statement that each of the shareholders, not less than one-half (1/2) of the directors, and each of the officers other than secretary and treasurer is a qualified person; and
6. Unincorporated nonprofit association, the name and business address of each manager.
(2) Information in the annual report shall be current as of the date the annual report is executed on behalf of the entity or foreign entity.
(3) The first annual report shall be delivered to the Secretary of State between January 1 and June 30 of the year following the calendar year in which an entity was organized or a foreign entity was authorized to transact business in this state. Subsequent annual reports shall be delivered to the Secretary of State between January 1 and June 30 of each following calendar year.
(4) If an annual report does not contain the information required by this section, the Secretary of State shall promptly notify the entity or foreign entity in writing and return the report to it for correction, which notification may be accomplished electronically. For purposes of KRS § 14A.2-130 or 14A.2-140, an annual report returned for correction shall not be deemed to have been delivered until it is returned and accepted by the Secretary of State.
(5) An entity or foreign entity may amend the information in its last filed annual
report by delivery of an amendment to the annual report to the Secretary of
State for filing on such form as is provided by the Secretary of State.
(6) An unincorporated nonprofit association that has filed a certificate of association is subject to this section.
(7) The requirement to file an annual report shall not apply to:
(a) A limited partnership governed as to its internal affairs by the Kentucky
Uniform Limited Partnership Act as it existed prior to its repeal by 1988
Ky. Acts ch. 284, sec. 65;
(b) A partnership other than a limited liability partnership that has filed a statement of qualification pursuant to KRS § 362.1-951 or a foreign limited liability partnership;
(c) A foreign rural electric cooperative or foreign rural telephone cooperative not required to qualify to transact business by a filing with the Secretary of State; or
(d) An unincorporated nonprofit association that has not filed a certificate of association.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 193, sec. 5, effective June 29, 2017. — Amended 2015 Ky. Acts ch. 34, sec. 4, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 160, sec. 129, effective July 12, 2012. — Amended 2011 Ky. Acts ch. 29, sec. 7, effective June 8, 2011. — Created 2010 Ky. Acts ch. 151, sec. 34, effective January 1, 2011.