How to File a DBA in Kentucky
In Kentucky a DBA is a Certificate of Assumed Name. Sole proprietors file with the county clerk; LLCs and corporations file with the Secretary of State for $20. Attorney review available.
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Introduction
Kentucky records a DBA on a Certificate of Assumed Name, filed with the county clerk by a sole proprietor and with the Secretary of State by an entity, and it is only a public filing that lets a person or business use a name different from the owner's legal name; it creates no separate legal entity. Kentucky calls this filing a Certificate of Assumed Name, and where you file depends on who you are (KRS 365.015). A sole proprietor files the certificate with the county clerk of the county where the principal place of business is located. A general partnership, limited partnership, corporation, limited liability company, business trust, or limited cooperative association files the certificate with the Kentucky Secretary of State, which charges a fee of twenty dollars ($20) to file each certificate, amendment, and renewal. An entity that files with the Secretary of State also files a stamped copy with the county clerk where it keeps its registered agent or principal office, unless it has neither in Kentucky, in which case it files only with the Secretary of State. Filing an assumed name does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. Kentucky does not require you to publish the assumed name in a newspaper. A Kentucky Certificate of Assumed Name is effective for five years from the date of filing and may be renewed for successive five-year terms by filing a renewal certificate within the six months before it expires (KRS 365.015). DocDraft builds your Kentucky certificate of assumed name from your facts, with attorney review available before you file.
Key Things to Know
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In Kentucky a DBA is called an assumed name, recorded on a Certificate of Assumed Name that is effective for five years before renewal. It is a public filing that lets you use a business name different from the owner's legal name; it creates no separate legal entity.
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Where you file depends on who you are (KRS 365.015). A sole proprietor files the Certificate of Assumed Name with the county clerk of the county where the principal place of business is located.
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A general partnership, limited partnership, corporation, limited liability company, business trust, or limited cooperative association files the Certificate of Assumed Name with the Kentucky Secretary of State, with a stamped copy going to the county clerk where the entity keeps its registered agent or principal office.
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The Kentucky Secretary of State charges a fee of twenty dollars ($20) for filing each certificate, amendment, and renewal certificate. County clerk fees are set separately at the county level, so confirm the amount with your county clerk.
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Kentucky does not require you to publish an assumed name in a newspaper, so there is no publication step and no affidavit of publication to file.
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A Kentucky Certificate of Assumed Name is effective for five years from the date of filing. You may renew it for successive five-year terms by filing a renewal certificate within the six months before it expires (KRS 365.015).
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A DBA does not give you any ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Kentucky, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Kentucky Requirements for DBA (Doing Business As)
In Kentucky a DBA is a Certificate of Assumed Name. A sole proprietor files it with the county clerk of the county where the principal place of business is located, and an entity such as an LLC or corporation files it with the Kentucky Secretary of State (KRS 365.015).
The Kentucky Secretary of State charges twenty dollars (20 dollars) for filing each certificate, amendment, and renewal certificate. County clerk fees are set separately at the county level, so confirm the amount with your county clerk.
The exact assumed name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and a filing is required whenever the business name differs from the legal name of the owner or entity.
The full legal name and type of the registrant and the name and address of each additional owner or partner. For a general partnership, each partner is listed on the certificate.
The street address and county of the principal place of business. For an individual this sets the county clerk where you file, and for an entity it identifies the county clerk that receives a stamped copy.
Kentucky does not require publication of the assumed name in a newspaper. There is no newspaper notice and no affidavit of publication to file after the certificate is recorded.
A Kentucky Certificate of Assumed Name is effective for five years from the date of filing. Renew it for another five years by filing a renewal certificate within the six months before it expires (KRS 365.015).
A Kentucky DBA is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.
Frequently Asked Questions
In Kentucky a DBA is an assumed name, a public filing that lets a person or company do business under a name different from the owner's legal name. You register it by filing a Certificate of Assumed Name, with the county clerk if you are a sole proprietor or with the Kentucky Secretary of State if you are an entity such as an LLC or corporation (KRS 365.015). It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In Kentucky a DBA (assumed name) is only a name registration on a Certificate of Assumed Name; it creates no new entity and gives no liability protection. A Kentucky LLC is a separate legal entity you form by filing Articles of Organization with the Secretary of State, and it shields the owners' personal assets. You can have both, since an existing Kentucky LLC can file a certificate of assumed name to run a brand under another name. Choose based on whether you need liability protection or just a name.
It depends on who is filing (KRS 365.015). A sole proprietor files the Certificate of Assumed Name with the county clerk of the county where the principal place of business is located, and that county sets its own filing fee. A general partnership, limited partnership, corporation, limited liability company, business trust, or limited cooperative association files with the Kentucky Secretary of State, which charges twenty dollars ($20) to file each certificate, amendment, and renewal.
No. Kentucky does not require you to publish an assumed name in a newspaper. Once your Certificate of Assumed Name is filed with the correct office, there is no newspaper notice and no affidavit of publication to file. An entity that files with the Secretary of State does file a stamped copy with the county clerk where it keeps a registered agent or principal office, but that is a filing step, not a newspaper publication.
A Kentucky Certificate of Assumed Name is effective for five years from the date it is filed (KRS 365.015). To keep using the name you file a renewal certificate, which you may do within the six months before the current term expires, and it renews for another five years. Track the five-year expiration so your assumed name does not lapse, and file an amendment if an owner, address, or the name itself changes.
You need a Kentucky Certificate of Assumed Name whenever you regularly do business under a name that is different from your legal name. For a sole proprietor that means any name other than your own full legal name, and for an entity it means any name other than its registered legal name. Filing puts the assumed name on the public record and connects it to the person or entity using it (KRS 365.015).
No. A Kentucky Certificate of Assumed Name is a public record connecting a name to the person or entity using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor filing an assumed name remains personally liable for the business. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.
Yes. In Kentucky a general partnership, limited partnership, corporation, limited liability company, business trust, or limited cooperative association files a Certificate of Assumed Name with the Kentucky Secretary of State (KRS 365.015). The entity also files a stamped copy with the county clerk where it keeps its registered agent or principal office. An existing Kentucky LLC often files an assumed name to operate a brand or product line under a name other than its registered name.