Assumed-Name (DBA) Registration Requirements in Kentucky
At a glance
| Governing law and scheme | KRS 365.015 and 365.990 — mandatory assumed-name certificate with a split county-only or state-and-county route by business type |
|---|---|
| Who must register | An individual or listed business organization that conducts Kentucky business under a name or style other than its statutory real name; exact-real-name use does not trigger the filing (§ 365.015(1)–(2)) |
| Filing office | Individual: county clerk where the principal place of business is maintained. Listed entities: Secretary of State, then a stamped copy with the registered-agent county clerk or, if no agent is required, principal-office county clerk; state only if neither is in Kentucky (§ 365.015(3)) |
| Filing deadline | Before conducting or transacting Kentucky business under the assumed name (§ 365.015(2)(a)) |
| Publication requirement | None — KRS 365.015 requires the certificate filings but no newspaper notice or proof of publication |
| Filing fee | Secretary of State: $20 per certificate, amendment, or renewal. County clerk: $33 for an assumed-name filing up to 5 pages, plus $3 per additional page; the applicable route may require one or both fees (§ 365.015(11); § 64.012(1)(a)) |
| Term and renewal | Five years from filing; renew during the final 6 months for successive 5-year terms, using the original filing route; withdraw when use ends (§ 365.015(4)–(5)) |
| Name exclusivity | No automatic protection from others' use, although a Secretary of State-filed name must be distinguishable from names already on that office's records (§ 365.015(2)(d), (7)) |
| Penalty for noncompliance | $25–$100 fine, 10–30 days' imprisonment, or both; each continuing day is a separate offense (§ 365.990(1)) |
Requirements one by one
File before using the assumed name
Ky. Rev. Stat. § 365.015(1) defines an individual's real name by reference to the person's surname at birth, a court-changed name, or a married woman's surname. The next subsection says a covered person or organization may not conduct Kentucky business under a different name or style “unless” a certificate of assumed name has been filed. That makes filing a before-use requirement, not a filing due a set number of days after business begins.
For a registered business entity, the Secretary of State's practical test is whether the business will use a name other than its exact legal name. A separate certificate is required for each assumed name.
Follow the filing route for the registrant type
An individual files with the county clerk where the principal place of business is maintained. A general or limited partnership, business or statutory trust, corporation, LLC, or limited cooperative association delivers the certificate and a copy to the Secretary of State. It then files a state-stamped copy with the county clerk where its registered agent is located, or with the principal-office county clerk if no agent is required. If neither a registered agent nor a principal office is maintained in Kentucky, the statute makes the Secretary of State filing the only one.
The route changes the total filing cost. An individual filing a certificate of five pages or fewer pays the county clerk's $33 recording fee. An entity that must file in both offices pays the $20 Secretary of State fee and the $33 county fee — $53 before any added-page charge. A qualifying entity with no Kentucky county filing pays the $20 state fee.
Renew in the final six months
Under Ky. Rev. Stat. § 365.015(4), the five-year term runs from the filing date. Renewal is available for another five years when the renewal certificate is filed during the six months before expiration, using the same route as the original certificate. If use of the assumed name ends, KRS 365.015(5) requires a withdrawal in the office where the original certificate was filed.
Registration does not make the name exclusive
A certificate submitted to the Secretary of State must use a name distinguishable from names already on that office's records. But KRS 365.015(7) separately warns that filing does not automatically prevent someone else from using the name or protect it from use by others. Trademark and other name-rights questions remain separate.
Each continuing day can be a separate offense
KRS 365.990(1) sets a $25 to $100 fine, 10 to 30 days' imprisonment, or both for violating KRS 365.015. It also says each day the violation continues is a separate offense, so the exposure is not limited to a single missed filing.
What trips people up
- A sole proprietor does not use the Secretary of State entity form. The individual's statutory route is the principal-place-of-business county clerk.
- A $20 state filing may be only the first step. Most covered entities must also place the state-stamped copy in the applicable county clerk's office and pay the county recording fee.
- Kentucky requires no newspaper publication. Voluntary advertising does not replace either required filing.
- Name availability is not name ownership. Passing the Secretary of State's distinguishability screen does not give automatic exclusive use.
Common questions
Do I file if my business uses its exact legal name? No. The trigger is conducting business under an assumed name or style other than the statutory real name, and the Secretary of State describes the entity trigger as using any name other than the exact legal name.
Can one certificate cover several DBAs? No. KRS 365.015(2)(c) requires a separate certificate for each assumed name.
What if the holder's legal name or address changes? The certificate may be amended to revise the holder's real name or address. A general partnership other than an LLP must also amend after a change in the identity of its partners.
What should I do when I stop using the name? File a certificate of withdrawal in the office or offices where the original certificate was filed. The statute requires withdrawal upon discontinuance but does not create a 60-day deadline.
Statutes and sources
- Ky. Rev. Stat. § 365.015 — real-name definitions, filing trigger, separate-name rule, filing-office split, five-year term, renewal, withdrawal, nonexclusivity, amendments, and fees. Official text (accessed 2026-07-25).
- Ky. Rev. Stat. § 365.990(1) — $25–$100 fine, 10–30 days' imprisonment, and separate offenses for continuing days. Official text (accessed 2026-07-25).
- Ky. Rev. Stat. § 64.012(1)(a) — $33 county recording fee through five pages and $3 for each additional page. Official text (accessed 2026-07-25).
- Kentucky Secretary of State assumed-name form — current entity form, distinguishability instruction, copy workflow, and $20 filing fee. Official form (accessed 2026-07-25).
- Kentucky Secretary of State business-filings page — agency instruction to file when an entity uses a name other than its exact legal name. Official page (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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