Kentucky DBA
How to Get a Kentucky Assumed Name
Any name your business operates under that isn’t its legal name is a Kentucky DBA, or assumed name. Basically, it's an alternative name for your business. Using a DBA allows you to market your business under a flashier or more professional name. Any business can get a DBA, including Kentucky sole proprietorships, general partnerships, LLCs, and corporations. Sole proprietors need to file with the county clerk in the county where they do business. All other businesses must file with the secretary of state’s office. Let’s get started.
Your Kentucky DBA Guide:
What is a Kentucky DBA (Assumed Name)?
DBA stands for “doing business as,” and a DBA name allows you to do business under a different name. For example, if you’re a sole proprietor, your business’s legal name is your own name. With a DBA, you can use a more descriptive name. Instead of doing business as Wade Triplett, you can operate your business under the DBA “Purrfect Custom Cat Trees.”
According to Kentucky Revised Statute (KRS) 365.015(2(a)), any business that operates under an assumed name must register that name. While DBAs are called assumed names in Kansas, they are also referred to as fictitious or trade names in other states.
What’s unique about DBA registration in Kentucky?
- State- and county-level filing: Most Kentucky businesses must file DBAs with the secretary of state’s office, but sole proprietors are required to file with the county clerk in the county where they operate.
- Filing exceptions: Sole proprietors or general partnerships operating under a name that includes the surname(s) of the owner(s). For instance, if you’re a sole proprietor named Natalie Xi, and you do business under “Xi Mindset Coaching,” you won’t need to file a DBA (KRS 365.015(1(a-b)).
Why Register a DBA in Kentucky?
Here are several common reasons to register a Kentucky DBA:
You’re a Kentucky sole proprietor
A sole proprietorship is a business owned by one person that isn’t registered with the state. With sole proprietorships, there’s no legal separation between business and business owner, so the legal business name of a sole proprietorship is the owner’s name. If you don’t want to do business under a name that includes your surname, you can get a DBA. For example, as a personal trainer, you could operate as “Perpetual Fitness” rather than Brody Danvers.
To market your business
If you’re rebranding or expanding your business, you may think that you need to completely start over and register a new business with the state, but using a DBA can help you avoid this. For example, maybe you own Western Styles LLC, and you sell Western-themed apparel. However, you’ve decided that you will only sell footwear moving forward. You can get the DBA “Kowboy Kicks” and keep doing business with the same LLC.
The following are common ways to use a DBA to promote your brand:
- On websites and social media accounts
- On signs, business cards, and other marketing materials
- In commercials and advertisements
- On merchandise
- To open a business bank account (Note: some banks will require proof of DBA registration)
- To make and receive payments
To do business under your domain name
Some businesses end up operating under their domain name. For example, maybe “kowboykicks.com” was already taken, so you bought “bootgoofin.com.” Then, you started advertising as “bootgoofin.com” or even “Boot Goofin.’” Now, instead of being known as Kowboy Kicks, your business is known as Boot Goofin’. In this case, because your domain name functions as a DBA, you’d need to register it as such.
Note: Registering a Kentucky DBA doesn’t prevent another business from using the same name. For stronger legal rights to your name, you can apply to trademark your DBA at the federal level.
How to Register a Kentucky Assumed Name
Whether you’re a sole proprietor filing at the county level or another business filing your DBA with the state, the registration process follows the same steps.
Find out if your desired name is available
Kentucky law states that assumed names filed with the secretary of state must be distinguishable from any other name on record with the state (KRS 365.015(2(c)). This means that your DBA cannot be easily confused with any name already being used by a registered business entity. For example, if a business has already registered the name “Robot Life,” you cannot use a name like “R0b0t Life.”
Trademarked names are also off-limits.
You can use the databases listed below to check name availability:
- Kentucky Name Availability Search
- Kentucky Trademarks and Service Marks Search
- US Patent and Trademark Office’s Trademark Electronic Search System (TESS).
DBAs filed at the county level by sole proprietors don’t need to be distinguishable from those on the record. Sole proprietors are allowed to register a DBA name that is the same as another Kentucky business name, and they also don’t have exclusive rights to their DBA name. However, you may still want to avoid using the same name as another business for marketing purposes.
If you want to check names at the county level, you’ll have to access county records. Some counties have an online search tool, like Fayette County’s Land Records Search, which includes assumed name filings. In counties without an online database, you’ll need to contact the county clerk’s office directly to search records.
Sole proprietors: file with your county clerk
Sole proprietors can find county clerk contact information using the directory provided by the Kentucky Clerk’s Association.
Most county clerks provide forms for filing, such as Kenton County’s Certificate of Assumed Name and Jefferson County’s Certificate to do Business Under an Assumed Name.
If you need to draft your own certificate, according to (KRS 365.015(2)(b)), it must include:
- Your assumed name
- Your business’s legal name
- Your business address
You’ll need to find out how assumed name certificates are accepted by your county clerk—by mail, in person, or online—as this varies by county.
The filing fee for a certificate of assumed name at the county level is $46.
LLCs, corporations, and partnerships: file with the Kentucky Secretary of State
All businesses aside from sole proprietorships must file a Certificate of Assumed Name (Domestic of Foreign Business Entity) with the secretary of state’s office.
The form requires the following information:
- Your assumed name
- Your business’s legal name
- Your business entity type
- The name of the jurisdiction where your entity was formed
- Your business’s mailing address
- The signature of an authorized person
Note: When submitting your filing, you’ll need to include an exact copy of your form. The secretary of state’s office will stamp this copy as “filed” and return it to you. Then, you must file this form with the county clerk in the county where your business’s registered agent is located. If your business doesn’t have a registered agent, you’ll file the copy in the county where your principal business address is located.
Filings are accepted by mail and in person.
Mail:
Office of the Secretary of State
PO Box 718
Frankfort, KY 40602
In-person:
Room 152, Capitol Building
700 Capital Avenue
Frankfort, KY 40601
The state charges $20 to file your certificate.
How to Renew a DBA in Kentucky
Kentucky DBAs must be renewed every 5 years, regardless of business type.
All businesses except sole proprietors need to file a Certificate of Renewal of Assumed Name (Domestic or Foreign Business Entity) with the secretary of state’s office and pay a filing fee of $20. As with DBA registration, you’ll also have to submit a copy of your certificate to your county clerk. Online renewal is available.
Sole proprietors can renew through their county clerk’s office. Some counties provide a specific renewal form, like Warren County’s Assumed Name – Renewal Certificate. In many counties—for example, in Boone Country, Campbell County, and Fayette County—the renewal process is the same as the registration process, and you’ll use the same form. Contact your county clerk for exact instructions.
How to Cancel a DBA in Kentucky
To cancel your Kentucky DBA at the state level, file a Certificate of Withdrawal of Assumed Name (Domestic or Foreign Business Entity) with the secretary of state. The filing fee is $20.
At the county level, your clerk’s office may provide a form, like Jefferson County’s Certificate to Discontinue Business Under Assumed Name. Some counties require you to draft your own certificate of withdrawal, which must include all of the information originally provided on your registration certificate, plus the date your registration certificate was filed. County-level cancellation filings cost $46.
Filing a DBA vs. Starting a Business
Although filing a DBA and starting a business may feel like the same thing, they’re not. A DBA is only a name—it doesn’t create a new business or change your existing business structure in any way. So if you’re a sole proprietor and get a DBA, you’re still a sole proprietor, just with another business name you can use.
Some activities you can’t do with your DBA include filing taxes and signing contracts, which require you to use your business’s legal name. On contracts, you should list your DBA alongside your legal name for transparency, but you can’t sign with your DBA alone. Because a DBA isn’t a business in its own right, any contract signed only with a DBA might not hold up in court.
How do you start a business in Kentucky? There are two ways:
- Sell something. All you need to do to establish an unregistered business like a sole proprietorship or general partnership is sell a product or service. However, depending on the type of work you do, you may need to get a business license to operate legally.
- Register your business with the state. When creating a business entity like an LLC or corporation, you need to file formation paperwork (Articles of Organization or Incorporation) with the secretary of state and pay a filing fee.
DBA vs LLC in Kentucky
The difference between a DBA and a Kentucky LLC is that while an LLC is a legal business entity, a DBA is just an alternative name for your business. An LLC is legally separate from its owners and provides its owners with liability protection. This means that if the LLC is sued or owes debts, the owners aren’t held personally responsible, and their personal assets (cars, savings, property) can’t be seized. Only the business’s assets are put at risk.
DBAs do not provide business owners with any additional protection. If you’re a sole proprietor with a DBA, your personal assets remain unprotected. The easiest way to get liability protection is to form an LLC—and you can always get a DBA for your LLC if you want to.
Does a Kentucky DBA keep my personal information off the public record?
Unfortunately, no. DBA filings are designed to help consumers figure out who they’re doing business with. And if you work from a home office, the information you provide on your filing may include your home address.
The best way to limit the amount of personal information you list on your filings is to start an LLC and hire a Kentucky registered agent (like Northwest). Your registered agent can list their information instead of yours wherever it’s permitted, increasing your privacy.
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Kentucky DBA FAQs
It costs $46 to register a DBA at the county level as a sole proprietor. DBA registration for all other businesses, done at the state level, costs $20.
Yes. If you’re a sole proprietor, you must register your DBA with the county clerk in the county where your business operates. All other businesses must register with the secretary of state’s office.
Yes. Sole proprietors can file amendment and cancellation paperwork with their county clerk. All other businesses file with the secretary of state. The state and some counties provide specific forms for amendments and cancellation, while some counties will require you to draft your own paperwork. If you are filing at the county level, contact your county clerk for details.
No. Because your DBA isn’t a business on its own, you don’t need to get a separate business bank account for your DBA. With that said, opening a dedicated business bank account for your DBA can help you keep your finances organized and make bookkeeping easier.
Nope. When you file a DBA, you aren’t creating a new business entity, so you don’t need a new or separate EIN. Businesses that are required to get an EIN include multi-member LLCs, corporations, and all businesses with employees.
In Kentucky, DBAs must be renewed every 5 years.
You can register as many DBAs as you want in Kentucky, but you’ll have to file each DBA separately and pay the required fee for each one.
No. A DBA isn’t a business (it’s just a name), so any contract signed with your DBA alone might not hold up in court. However, you can include your DBA on contracts alongside your business’s legal name if you wish.
It depends. Some domain registrars will allow you to buy a domain name under your DBA, but others will require you to make the purchase under your business’s legal name.
Your business’s legal business name is the name on your business’s government documents, including state and tax filings.
For formal business entities like LLCs, corporations, and non-profits, a business’s legal name is the name on its formation documents, including the company’s entity identifier (“Company Name, LLC,” “Company Name, Inc.,” etc.).
For sole proprietors, a business’s legal name is its owner’s legal name.
For general partnerships, a business’s legal name is either the partners’ last names or a name the partnership has given itself in a written statement of partnership authority.
