Registered Agent
What Is a Registered Agent?
A registered agent (sometimes called a resident or statutory agent) is the individual or business entity designated to receive official legal and government correspondence on behalf of a Kentucky business — most importantly, service of process if the business is ever sued, but also state correspondence such as annual report reminders and tax notices. Kentucky law requires every LLC, corporation, nonprofit corporation, and most other registered business entities to maintain a registered agent with a physical street address in the state at all times. A P.O. box does not qualify, and the business itself cannot serve as its own registered agent.
Who Can Serve as a Registered Agent?
A registered agent can be either:
An individual who is at least 18 years old, a Kentucky resident, and has a physical street address in the state; or
A business entity (such as a professional registered agent service) that is authorized to transact business in Kentucky and maintains a Kentucky street address.
Whoever serves must be available at that address during normal business hours to accept documents in person. Many small business owners serve as their own registered agent, designate a co-owner or employee, or hire a professional registered agent service — each is a valid choice as long as the availability and address requirements are met.
Naming a Registered Agent
You name your initial registered agent as part of your formation filing — in the Articles of Organization (for an LLC) or Articles of Incorporation (for a corporation or nonprofit corporation) — by listing the agent's name and Kentucky street address. The registered agent must consent to the appointment, typically by signing the formation document itself or a separate consent form. There is no separate fee to name your initial registered agent; it's included in your formation filing fee. It's also worth understanding that a registered agent's role is purely administrative — they have no formal rights, ownership interest, or decision-making power within the business simply by virtue of serving in that capacity.
Replacing a Registered Agent
If you need to change your registered agent or registered office address after formation — whether because your agent has moved, resigned, or you simply want to switch to a different person or service — you must file a Statement of Change of Registered Agent and/or Registered Office with the Kentucky Secretary of State. This form can be filed online through the Secretary of State's FastTrack portal, by mail, or in person, and requires the consent of the new registered agent. The filing fee is $10.
If your registered agent wishes to resign rather than be replaced, the agent (not the business) files a Statement of Resignation of Registered Agent with the Secretary of State, at no filing fee. The resigning agent remains on file — and responsible for accepting documents — for 31 days after the resignation is filed, unless the business appoints a replacement sooner. Businesses should treat a resignation notice as a prompt deadline: going without a registered agent on file can lead to penalties or, eventually, administrative dissolution.
Note: Failing to maintain a current registered agent — for example, after an unreported move or an unresolved resignation — is a common cause of administrative dissolution by the Secretary of State. Keeping this information accurate and up to date helps ensure your business doesn't miss important legal or state correspondence.