2006 Kentucky Revised Statutes - .200   Filing requirements.

271B.1-200 Filing requirements. (1) A document shall satisfy the requirements of this section, and of any other section that adds to or varies these requirements, to be entitled to filing by the Secretary of State. (2)  This chapter must require or permit filing the document in the office of the Secretary of State. (3)  The document shall contain the information required by this chapter. It may contain other information as well. (4)  The document shall be typewritten, printed, or electronically transmitted. If the document is electronically transmitted, the document shall be in a format that can be retrieved or reproduced in typewritten or printed form. (5)  The document shall be in the English language. A corporate name may be in a language other than English if written in English letters or Arabic or Roman numerals, and the certificate of existence required of foreign corporations, if not in English, shall be accompanied by a reasonably authenticated English translation. (6)  The document shall be executed: (a)  By the chairman of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers; (b)  If directors have not been selected or the corporation has not been formed, by an incorporator; or (c)  If the corporation is in the hands of a receiver, trustee, or other court- appointed fiduciary, by that fiduciary. (7)  The person executing the document shall sign it and state beneath or opposite his signature his name and the capacity in which he signs. The document may but need not contain: (a)  A corporate seal of the corporation; (b)  An attestation, acknowledgment, or verification; or (c)  A statement regarding the preparer of the document which complies with KRS 382.335. (8)  If the Secretary of State has prescribed a mandatory form for the document under KRS 271B.1-210, the document shall be in or on the prescribed form. (9)  The document shall be delivered to the office of the Secretary of State for filing. Delivery may be made by electronic transmission if and to the extent permitted by the Secretary of State. If the document is filed in typewritten or printed form and not transmitted electronically, the Secretary of State may require one (1) exact or conformed copy to be delivered with the document, except as provided in KRS 271B.5-030 and 271B.15-090. (10) One (1) exact or conformed paper, but not electronic, copy of the document shall then be filed with and recorded by the county clerk of the county in which the registered office of the corporation is situated. (11) When the document is delivered to the office of the Secretary of State for filing, the correct filing fee, the organization tax, and any penalty required by this chapter or other law to be collected by the office of the Secretary of State with the document shall be paid or provision for payment shall be made in a manner permitted by the Secretary of State. The Secretary of State may accept payment of the correct amount due by credit card, charge card, or similar method. However, if the amount due is tendered by any method other than cash, the liability shall not be finally discharged until the Secretary of State receives final payment or credit of collectible funds. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 102, sec. 1, effective July 15, 2002. -- Created 1988 Ky. Acts ch. 23, sec. 1, effective January 1, 1989.