The short answer is no.  The state of Kentucky does not legally require a lawyer to form a Kentucky Corporation.

Our detailed Incorporation Information page may help you understand some of the implications of forming a Kentucky Corporation.  However, if there is anything about Incorporating in Kentucky that you're not sure about you should seek the advice of a competent Kentucky lawyer, a Kentucky accountant, or both before you Incorporate in Kentucky. 

Once you have made the decision to Incorporate in Kentucky, a Kentucky lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Kentucky Corporation.

You are not legally required to reserve a Company Name for a new Kentucky Corporation before you submit your application to Incorporate in Kentucky.

Whether or not you need to reserve a company name for your new Kentucky Corporation depends entirely on your business situation.  The Kentucky Secretary of State uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Kentucky Company Name.

If the Name you have chosen for your new Kentucky Corporation is already in use by a currently active Kentucky Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Kentucky Secretary of State.  "DBA" is an abbreviation for "Doing Business As." We verify that the Name you have chose for your new Kentucky Corporation is available before we submit your Incorporation filing to the Kentucky Secretary of State.  If necessary we can register a DBA Name in Kentucky for you so that you can open your new Kentucky business as quickly as possible.

1. Choose a name for your Kentucky Corporation
   
   Your Kentucky Corporation name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Kentucky Corporation name that you choose must be distinguishable from the name of any other registered Kentucky Corporation or other business entity and the name must also be different from any reserved names on record with the state of Kentucky.  Your Kentucky Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your Kentucky Corporation name must not be a name that is likely to mislead the public.
   
   The name of a Kentucky Corporation must include the word "Corporation" or "Incorporated" or an abbreviation of one of these words.
   
   It's important to choose a good name for your Kentucky Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the Kentucky Secretary of State (and pay a fee). We will:
   • Check to make sure that your Kentucky Corporation name is available
   • Make sure your Kentucky Corporation name conforms to state of Kentucky regulations
   • Reserve your Kentucky Corporation name with the Kentucky Secretary of State
2. Select an official address and a Registered Agent for your Kentucky Corporation
   
   Every Kentucky Corporation must have an address that is physically located in the state of Kentucky.  This address is "registered" with the Kentucky Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Kentucky to receive all correspondence on behalf of the Kentucky Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many Kentucky Corporations hire a Registered Agent because they don't have a physical address within the state of Kentucky or to provide a distinct level of privacy.
   We can act as the official Registered Agent for your Kentucky Corporation.
3. Choose a Board of Directors for your Kentucky Corporation
   
   All Kentucky Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your Kentucky Corporation and manage the business and its resources.  In the majority of small corporations directors are the owners. The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors. 
   
   The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders. One of the most important duties of the Board of Directors is electing Officers for your Kentucky Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of Kentucky or shareholders of the Kentucky Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your Kentucky Corporation are elected for a term of one year.  Elections are held at the annual meeting of Shareholders.  The Directors serve until the next annual Shareholders meeting.
   
   
4. Decide who will be Officers for your Kentucky Corporation
   
   The Board of Directors elects Officers for your Kentucky Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the Kentucky Corporation.  Officers handle the day to day operation of the Kentucky Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Kentucky Corporation the same person may hold more than one Corporate Office at the same time.  However, there are certain legal affairs in which the same person cannot act in more than one capacity.
   
   One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings and for authenticating records for the Kentucky Corporation. 
   
   
5. Determine how you want your Kentucky Corporation to be taxed
   
   The Kentucky Corporate Income Tax Rate is variable depending on the annual net income of the Kentucky Corporation.  Kentucky Corporate Income Tax Rates vary from 4 to 6%.   You may form an S Corporation in Kentucky.  S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Kentucky Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Kentucky Corporation and include it with your Incorporation documents.
   
   Click here for more Kentucky Corporate Tax Information
6. File Articles of Incorporation with the Kentucky Secretary of State
   
   In order to form a Corporation in Kentucky you must file Articles of Incorporation with the Kentucky Secretary of State.  The Articles of Incorporation must include certain specific information about your Kentucky business. If the Articles do not conform exactly to state of Kentucky requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your Kentucky Corporation but you will have to pay a fee to the state of Kentucky in order to make the changes official.
   
   
7. Get a Federal Employer Identification Number (FEIN)
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Kentucky Corporation.  All Kentucky Corporations are required to have an FEIN.
   We can obtain an FEIN for your Kentucky Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a Kentucky Corporation.  When you form your Kentucky Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize.  You do not have to sell the number of shares that are authorized.  Many small Kentucky Corporations hold 100% of the shares.
   
   Stockholders in a Kentucky Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the Kentucky Corporation is able to make all Corporate business decisions.  Kentucky Corporations usually hold at least 51% of the corporate stock in order to retain control of the Kentucky Corporation.
   

1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
   
   The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.  Bylaws are the internal rules of your Kentucky Corporation.  They are adopted by the Board of Directors and vary widely from Corporation to Corporation.  Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the Kentucky Corporation will have and a description of each of their duties. 
   
   As your company grows over time, you may amend your bylaws as necessary.  Bylaws generally cannot be amended by the Board of Directors unilaterally.  A vote by the majority of Stockholders of the Kentucky Corporation is usually required to amend the Corporate Bylaws.  Bylaws may include any rules for managing the business and conducting corporate affairs.  Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Kentucky law or the Kentucky Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal Kentucky office.
   
   
2. Open a Business Bank Account in Kentucky
   
   It's very important that you have a separate business bank account for your Kentucky Corporation.  Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account.  Specific requirements vary from bank to bank.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Kentucky Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Kentucky Corporation merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Kentucky Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Kentucky Corporation vary depending on your business activities and the specific locations within the state of Kentucky in which you want to conduct business.
   
   If your Kentucky Corporation will be selling products in Kentucky you may be required to obtain a Reseller's Permit from the appropriate Kentucky state agency.  If your Kentucky Corporation will be selling products in Kentucky you will also be responsible for all applicable local and state of Kentucky sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your Kentucky Incorporation package.
   
   
4. Hold Meetings of Shareholders and Directors of each year
   
   Every Kentucky Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting on file.  A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.  The minutes of each meetings must be open for inspection by any Shareholder or Director.  This meeting requirement is often overlooked and comes into play when the Kentucky Corporation is challenged for any reason.  Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your Kentucky Corporation a lot of potential trouble.
   
   We can transcribe the minutes of any meeting of your Kentucky Corporation into a form that complies with all state of Kentucky requirements.
   
   
5. File the required Kentucky Professional Corporation reports
   
   The Kentucky Secretary of State has no Initial Annual Report requirements for a new Kentucky Corporation.
   
   The first Annual Report for a new KY Corporation is due at the Kentucky Secretary of State by June 30 in the year following the approval of the Kentucky Corporation by the Kentucky Secretary of State.
   
   Every Kentucky Corporation is required to file an Annual Report EACH year with the Kentucky Secretary of State.
   
   The Kentucky Corporation Annual Report is due at the KY Secretary of State by June 30 EACH year.
   
   There is an additional charge if a KY Corporation changes it Kentucky Registered Agent.
   
   
   We can fill out and file any Annual Report with the Kentucky Secretary of State after your Kentucky Professional Corporation gets going.
   
   
   
6. Keep proper records of your Kentucky Corporation on file
   
   Keep the following records on file and available at the principal business office of your Kentucky Corporation:
   • Names and addresses of all Directors and Officers of the Kentucky Corporation
   • Articles of Incorporation for the Kentucky Corporation and any Amendments to them
   • Corporate Bylaws for the Kentucky Corporation and any Amendments to them
   • List of current shareholders of the Kentucky Corporation.  If shareholders change, keep a record of old shareholders and how stock was transferred.
   • Minutes of all Meetings of Shareholders and Directors
   • Copies of any Corporate Resolutions which have been adopted by the Kentucky Corporation
   • Copies of all tax returns and Annual Reports for the Kentucky Corporation for the last 3 years

In order to Incorporate in Kentucky you'll need the following information about your new Company:

• The name of your new Kentucky Corporation along with your second choice of a name in case the name that you want is not available
  
• Physical address of the Corporation office in Kentucky (not a PO Box)
  
• Name and address of your Kentucky Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the Kentucky Corporation
• Names and addresses of the initial Directors of the Kentucky Corporation
• The number of shares of stock that the Kentucky Corporation will be authorized to issue

Remember - ALL the information that you provide when you Incorporate in Kentucky becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Kentucky.

Processing times for new Kentucky Corporation applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Kentucky Articles of Incorporation takes the state around 5-7 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your Kentucky LLC.

We are dependent on, and have no control over, the staff and systems of the Kentucky Secretary of State.

In our experience 5-7 business days is the time it usually takes the Kentucky Secretary of State to process a new Kentucky Corporation application. We get your Kentucky Corporation application to the KY Secretary of State ASAP. Once it is at the state we have no control over the new Kentucky Corporation application process.

The Kentucky Secretary of State does not offer any expedited filing options for new Kentucky Corporation filings.

COUNTY: After your Kentucky Corporation is formed, one copy of the Articles of Incorporation must be filed with the Kentucky county in which the Registered Agent of your Kentucky Corporation is located.

We can take care of all your state publication requirements.

The state of Kentucky charges $60.00 to Incorporate in KY.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the KY Secretary of State.  If you choose All Business Documents to help you Incorporate in Kentucky our processing fees are $125.00.  We start processing your new Kentucky Corporation order as soon as we get it.

Total cost includes:

• KY Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the Kentucky Secretary of State
• Certified Copies of Articles
• Kentucky Corporation Checklist
• Priority Mail Delivery
• Unlimited Customer Support

Generally, if you are required to obtain some kind of license before you can market your skills in the state of Kentucky then you will most likely need to form a Kentucky Professional Corporation.

Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional Corporation with the Kentucky Secretary of State.

Depending on exactly what it is that you want to do in Kentucky, approval from a specific Kentucky state agency or board may be required before the KY Secretary of State will approve a new Kentucky Professional Corporation filing.  This could add to the total processing time for a new Kentucky Corporation.

You want to do business in the state of Kentucky but are registered as a Domestic Corporation in another state.  In order to legally conduct business in the state of Kentucky you must register with the Kentucky Secretary of State as a Kentucky Foreign Corporation.  The process of registering as a Foreign Corporation in the state of Kentucky is called Kentucky Corporation Foreign Qualification. 

The process of Kentucky Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Kentucky.  Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Kentucky Foreign Corporation.  The Board of Directors and Officers of your Domestic Corporation have the same roles in the Kentucky Foreign Corporation.