Kentucky Business Organizations "Created" by a Filing with the Secretary of State

Under the federal Corporate Transparency Act (the “CTA”) and the related Reporting Regulations, most business organizations created in the United States are subject, absent the availability of one or more of twenty-three exemptions, to beneficial ownership reporting obligations. Now “most” is not all, so it is important to distinguish between those organizations that at least initially are subject to these reporting obligations with all of the penalties that may attach upon a failure to discharge those obligations from those organizations that are ab initio outside the scope of the CTA and the Reporting Regulations. This differentiation will often be a matter of state law, and the objective of this article is to review Kentucky law against those particular provisions of the CTA and the Reporting Regulations.