2016 Kentucky Revised Statutes CHAPTER 14A - KENTUCKY BUSINESS ENTITY FILING ACT Subchapter 9 - Foreign Business Entities 14A.9-020 Consequences of transacting business without authority.
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14A.9-020 Consequences of transacting business without authority.
(1)
(2)
(3)
(4)
(5)
A foreign entity transacting business in this Commonwealth without a certificate of
authority may not maintain a proceeding in any court in this Commonwealth until it
obtains a certificate of authority.
Neither the successor to a foreign entity that transacted business in this
Commonwealth without a certificate of authority nor the assignee of a cause of
action arising out of that business shall maintain a proceeding based on that cause of
action in any court in this Commonwealth until the foreign entity or the assignee of
the cause of action obtains a certificate of authority.
A court may stay a proceeding commenced by a foreign entity, its successor, or
assignee until it determines whether the foreign entity, its successor, or assignee
requires a certificate of authority. If it so determines, the court may further stay the
proceeding until the foreign entity, its successor, or assignee obtains the certificate.
A foreign entity is liable for a civil penalty of two dollars ($2) for each day it
transacts business in this Commonwealth without a certificate of authority. The
Secretary of State may collect all penalties due under this subsection.
Notwithstanding subsections (1) and (2) of this section, the failure of a foreign
entity to obtain a certificate of authority shall not impair the validity of the acts of
the foreign entity or prevent it from defending any proceeding in this
Commonwealth.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 41, effective January 1, 2011.
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