Kentucky Statutes 14A.2-160 – Filing by the Secretary of State — Entity to be in good standing — Exceptions
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(1) An entity or foreign entity shall be in good standing in order for documents delivered by or on behalf of the entity or foreign entity to be filed by the Secretary of State.
(2) Subsection (1) of this section shall not apply to:
(a) An application to reinstate subsequent to administrative dissolution; (b) A permitted revocation of a voluntary dissolution;
(c) An application for a certificate of authority filed on behalf of a foreign entity whose prior certificate of authority was revoked; or
(d) A permitted amendment of the organizational filing of an entity whose period of duration has expired.
(3) Notwithstanding that an entity or foreign entity is not in good standing, the registered agent may deliver for filing and the Secretary of State may file:
(a) The resignation of the registered agent, the discontinuance of the registered office, or both; or
(b) A change of registered office filed by the registered agent.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 29, sec. 1, effective June 8, 2011.
(2) Subsection (1) of this section shall not apply to:
Terms Used In Kentucky Statutes 14A.2-160
- 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.
- 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
- Organizational filing: means a filing made with the Secretary of State as a precondition to the formation, organization, or incorporation of an entity, including articles of incorporation, articles of organization, articles of association, certificates of trust, and certificates of limited 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 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) An application to reinstate subsequent to administrative dissolution; (b) A permitted revocation of a voluntary dissolution;
(c) An application for a certificate of authority filed on behalf of a foreign entity whose prior certificate of authority was revoked; or
(d) A permitted amendment of the organizational filing of an entity whose period of duration has expired.
(3) Notwithstanding that an entity or foreign entity is not in good standing, the registered agent may deliver for filing and the Secretary of State may file:
(a) The resignation of the registered agent, the discontinuance of the registered office, or both; or
(b) A change of registered office filed by the registered agent.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 29, sec. 1, effective June 8, 2011.