Kentucky Assumed Name Certificate: County Clerk for Sole Proprietors, Secretary of State for Entities, $20 Fee and Five Year Term
Kentucky Assumed Name Certificate: County Clerk for Sole Proprietors, Secretary of State for Entities, $20 Fee and Five Year Term
If you plan to do business under a name other than your own legal name or your entity's registered name, Kentucky requires a Certificate of Assumed Name. Owners searching for a Kentucky DBA are usually ready to open a bank account, sign a lease or launch a website, and the answer depends on one question: are you a sole proprietor, or is your business a registered entity? That answer decides which office you file with, and the filing fee is only one part of the process.
What the Certificate of Assumed Name Does and Does Not Do
The Certificate of Assumed Name (Form ASN) tells the public who stands behind a business name. It is a disclosure filing. It is not a license, it does not register a tax account, and it does not protect the name. Under KRS 365.015(7), filing gives you no exclusive right to the name, so another business may still use it. Registering a name also does not make it yours in a legal sense. If you need to hold an entity name while you prepare paperwork, that is a separate step called a name reservation under KRS 14A.3-020. It costs $15 and holds the name for 120 days, and it can be renewed.
Kentucky also does not issue a statewide general business license. Filing an assumed name is a record-keeping step, not permission to operate. Licensing in Kentucky happens by industry, by trade and by city or county, which we cover later in this guide.
Who Files Where
Kentucky splits filings by business structure. Use this table as your starting point:
| Business type | Where to file | Filing cost |
|---|---|---|
| Sole proprietor (individual operating under a different name) | County clerk of the county where the principal place of business is located | County recording fee only, set by statute and your clerk |
| Partnership, limited partnership, trust | Secretary of State, with a stamped copy recorded by the county clerk where the registered agent is located | $20 Secretary of State fee plus county recording fee |
| Corporation or LLC | Secretary of State, with a stamped copy recorded by the county clerk where the registered agent is located | $20 Secretary of State fee plus county recording fee |
Sole Proprietors: File With the County Clerk
Under KRS 365.015, an individual doing business under an assumed name files the certificate with the county clerk of the county where the principal place of business is located. Sole proprietors do not file with the Secretary of State. One detail trips people up: the Secretary of State's form asks for your county of residence. The statute governs, so if your home and your business are in different counties, the filing belongs with the county of the business. If you are unsure which county applies, call the clerk's office before you pay anything.
The process is straightforward:
- Choose the name and confirm it is not already in use in a way that will cause you trouble. Search the Secretary of State's business database at sosbes.sos.ky.gov to spot obvious conflicts. A search does not guarantee that you are free to use a name, and it does not replace a trademark search if your brand matters to you.
- Get Form ASN. The Secretary of State publishes the form on its business filings page. Ask your county clerk whether they accept that version or have their own.
- Complete the form with the assumed name, your legal name, your principal business address and the business activity.
- File with the county clerk in person or by the method the clerk accepts, and pay the recording fee. Ask the clerk which payment methods they take before you go.
- Keep the recorded copy with your business records. You will need it for banking, vendor onboarding and renewal.
Entities: File With the Secretary of State
Partnerships, limited partnerships, trusts, corporations and LLCs file the Certificate of Assumed Name with the Secretary of State. Submit the original plus one exact copy. The Secretary of State charges $20 for the filing, and the same $20 applies to each amendment, renewal and withdrawal. Entities can file through FastTrack Online Filings, which the Secretary of State offers for assumed names, and online filings take effect on the date and time they are filed. Paper filings usually process the same day they are received, but may take up to three business days.
After the Secretary of State accepts the filing, a stamped copy goes to the county clerk in the county where the entity keeps its registered agent. Because the registered office must be a Kentucky street address, the registered agent's county is the county the clerk will record. Your registered agent is also the party who must keep the Kentucky office open and receive official mail, so confirm those details before you file.
Entities should also remember that the Secretary of State will reject any assumed name that is not distinguishable from a name already on record. If your filing is rejected, the fix is usually a different name, not a resubmission with the same wording.
Fees at a Glance
- Secretary of State filing fee: $20 for each assumed name filing, amendment, renewal and withdrawal. Entities pay this. Sole proprietors do not file with the Secretary of State and do not pay this fee.
- County clerk recording fee: KRS 64.012 sets the fee at $33 for up to five pages, plus $3 for each additional page. Confirm the current amount with your county clerk before you file, because the clerk's office is the source of truth for what you will pay.
- Name reservation (entities): $15 for 120 days, renewable. This is a separate filing from the assumed name certificate.
- Annual report (LLCs and corporations): $15, due June 30 every year. This is an entity obligation, not an assumed name fee, but missing it can put your entity at risk of administrative dissolution.
Entity filers can find the current Secretary of State fee schedule at sos.ky.gov fees.
Name Rules and One Certificate Per Name
File one certificate for each name you use. If your sole proprietorship sells under a retail brand, a service brand and a website name, that can mean three separate filings. Filing one certificate does not cover the others.
Choose a name that is easy to distinguish from others on record, because the Secretary of State checks distinguishability for entity filings. Avoid names that closely copy an existing company, since a filing does not shield you from a complaint by an earlier user. Filing also gives no name protection under KRS 365.015(7), so a clear name and a trademark search are your real defenses.
The Five-Year Term, Renewal, Amendments and Withdrawal
An assumed name certificate is valid for five years. You must renew within six months before it expires, and you renew in the same office where you first filed. A sole proprietor renews with the county clerk. An entity renews with the Secretary of State, and the $20 fee applies.
Set a reminder for the renewal window, not the expiration date. The six-month window gives you time to fix problems, such as a changed address, before the term ends.
File an amendment when information on your certificate changes, such as your business address or name details. Entities pay $20 for an amendment. Sole proprietors should confirm the amendment process and fee with the county clerk.
Withdraw the certificate when you stop using the name. Withdrawal is a filing with the same $20 entity fee at the Secretary of State. A withdrawn name is no longer on your current record, which helps you avoid paying for a name you no longer use and keeps your public filings accurate.
Other Registrations to Check
An assumed name filing is only one piece of the setup. Confirm each of these before you open for business:
- Tax registration: Register your business tax account with the Kentucky Department of Revenue using Form 10A100 through MyTaxes.ky.gov. The assumed name does not do this for you. Find the Department of Revenue at revenue.ky.gov.
- Sales tax permit: Kentucky's state sales tax rate is 6%, with no local sales tax, and it applies to about 50 services as well as goods. If you sell taxable goods or services, register through the Department of Revenue's business registration page.
- Local occupational license tax: Cities, counties and school districts can levy occupational license taxes on payroll, net profits or gross receipts. Kentucky has 120 counties and about 420 cities, and each runs its own forms and revenue office. Check the district where you operate.
- Industry licenses: Licensing is by agency or trade. Electricians, plumbers and HVAC contractors are licensed through the Department of Housing, Buildings and Construction. Alcohol and tobacco sales go through ABC. Child care and home health fall under the Cabinet for Health and Family Services. Food permits come from your local health department. Kentucky has no statewide general contractor license, so confirm what your trade requires with the relevant agency.
Common Mistakes to Avoid
- Filing a sole proprietor certificate with the Secretary of State. Sole proprietors file with the county clerk.
- Filing in your home county when the business operates in a different county. The statute points to the principal place of business.
- Assuming the certificate protects the name. It does not, under KRS 365.015(7).
- Mixing up a name reservation with an assumed name filing. They are separate filings with separate fees.
- Letting the five-year term lapse, or forgetting to withdraw a name you no longer use.
- Using a post office box as an entity's registered office. Kentucky requires a street address.
Next Steps and When to Get Help
Start by deciding whether you are a sole proprietor or an entity, because that single choice determines your filing office. Then confirm the name, complete Form ASN, pay the correct fee and keep the recorded copy. If you are still choosing a structure, the Kentucky Small Business Development Center at kentuckysbdc.com and the SBA's Kentucky district page are good places to find local help.
Consult a qualified attorney or CPA if your situation is complex, such as a business with multiple owners, several brands, a planned sale or outside investors. A professional can review how the assumed name fits your structure and tax position.
Disclaimer: This guide is informational only. It is not legal or tax advice, and it does not create an attorney-client or tax advisor relationship. Fees, procedures and rules change, so confirm current requirements with the Kentucky Secretary of State, your county clerk and the Kentucky Department of Revenue before you file.