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HB 201/LM (BR 336) - S. Nunn
AN ACT relating to assumed business names.
Amend KRS 365.015 to require a county clerk to remind an individual that his or her assumed business name certificate is about to expire; require the Secretary of State to remind a business entity that its assumed business name certificate is about to expire.
HB 201 - AMENDMENTS
HCS - Require that each certificate of assumed name for an individual be filed with the county clerk in the county where the individual maintains his or her principal place of business; require that one copy of an assumed name certificate for a general partnership, registered limited liability partnership, limited partnership, business trust, corporation, or limited liability company be filed with the Secretary of State and a conformed copy file-stamped by the Secretary of State also be filed in the county where the entity maintains its registered agent for service of process, or if there is no agent, in the county where the principal office is located, or, if there is no agent and no principal office then the certificate of assumed name is to be filed only with the Secretary of State; clarify that a certificate of assumed name filed with the Secretary of State is valid for 5 years from the date of filing rather than date of registration; require that not more than 7 months and not less than 6 months before the certificate of assumed name for a general partnership, registered limited liability partnership, limited partnership, business trust, corporation, or limited liability company filed with the Secretary of State is to expire, the Secretary of State shall send written notice to that entity of the expiration; provide that the notice provision shall not apply to assumed name certificates for individuals filed with the county clerk; provide that one partner for a partnership and one trustee for a business trust may sign the certificate of withdrawal of the assumed name; exempt limited liability partnerships from having to amend their assumed name certificate to reflect a change in the identity of partners; clarify that the filing of an assumed name shall not automatically prevent the use of that name by other persons, except that an assumed name filed on record with the Secretary of State must be distinguishable from any other certificate of assumed name on file with the Secretary of State; authorize the Secretary of State to refuse to accept for filing a document containing an indistinguishable assumed name; allow any certificate of assumed name for an individual to be filed with the Secretary of State so long as the assumed name is distinguishable from other names on file with the Secretary of State; provide that filing an individual assumed name with the Secretary of State does not invalidate the assumed name filed with the county clerk, nor does it make the individual assumed name certificate filed with the county clerk subject to the Secretary of State's notice of expiration requirements.
HCA (1/Title, J. Crenshaw) - Make title amendment.
SCA (1, A. Robinson) - Make a technical correction to HB 201/GA to correct typographical error on page 4, line 25 and to delete "such" and replace with "an" on page 4, line 24.
Jan 8-introduced in House
Jan 9-to Judiciary (H)
Jan 23-posted in committee
Jan 30-reported favorably, 1st reading, to Calendar with Committee Substitute, committee amendment (1-title)
Jan 31-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 1, 2002
Feb 6-3rd reading, passed 94-0 with Committee Substitute, committee amendment (1-title)
Feb 7-received in Senate
Feb 11-to State and Local Government (S)
Mar 5-reported favorably, 1st reading, to Calendar with committee amendment (1)
Mar 6-2nd reading, to Rules
Mar 12-recommitted to Appropriations and Revenue (S)
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