Kentucky Statutes 14A.3-040 – Name of foreign entity
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(1) If the real name of a foreign entity does not satisfy the requirements of KRS § 14A.3-
010 as would apply were the foreign entity organized in this Commonwealth, the foreign entity seeking to obtain or maintain a certificate of authority to transact business in this Commonwealth:
(a) May use a fictitious name to transact business in this Commonwealth if its real name is not distinguishable from any name of record with the Secretary of State; or
(b) May supplement its name with such identifier as would be appropriate under
KRS § 14A.3-010 were the foreign entity organized in this Commonwealth.
(2) The real or fictitious name of a foreign entity shall be distinguishable upon the records of the Secretary of State from any name of record with the Secretary of State.
(3) If a foreign entity authorized to transact business in this Commonwealth changes its real name to one that does not satisfy the requirements of KRS § 14A.3-010, it shall not transact business in this Commonwealth under the changed name until it adopts a fictitious name satisfying the requirements of KRS § 14A.3-010 and obtains an amended certificate of authority in accordance with KRS § 14A.9-040.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 160, sec. 132, effective July 12, 2012. — Created
2010 Ky. Acts ch. 151, sec. 26, effective January 1, 2011.
010 as would apply were the foreign entity organized in this Commonwealth, the foreign entity seeking to obtain or maintain a certificate of authority to transact business in this Commonwealth:
Terms Used In Kentucky Statutes 14A.3-040
- 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
- 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
- Organized: means organized, incorporated, or formed. 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) May use a fictitious name to transact business in this Commonwealth if its real name is not distinguishable from any name of record with the Secretary of State; or
(b) May supplement its name with such identifier as would be appropriate under
KRS § 14A.3-010 were the foreign entity organized in this Commonwealth.
(2) The real or fictitious name of a foreign entity shall be distinguishable upon the records of the Secretary of State from any name of record with the Secretary of State.
(3) If a foreign entity authorized to transact business in this Commonwealth changes its real name to one that does not satisfy the requirements of KRS § 14A.3-010, it shall not transact business in this Commonwealth under the changed name until it adopts a fictitious name satisfying the requirements of KRS § 14A.3-010 and obtains an amended certificate of authority in accordance with KRS § 14A.9-040.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 160, sec. 132, effective July 12, 2012. — Created
2010 Ky. Acts ch. 151, sec. 26, effective January 1, 2011.