When you start a business in Kentucky, one of the first decisions you’ll make is what name to use. You can operate under your legal business name, or you can choose a different public-facing name—without forming a new business entity.
In Kentucky, using a different business name is handled through an assumed name. This guide explains what an assumed name is (often called a DBA), its advantages and disadvantages, what happens if you fail to register when required, tax considerations, how to choose a name, how to file, associated fees, and renewal rules. By the end, you’ll know whether filing a Certificate of Assumed Name is right for your business and how to do it correctly in Kentucky.
What is an Assumed Name (DBA)?
DBA stands for “doing business as.” In Kentucky, the legal term for a DBA is an assumed name, and the official filing is called a Certificate of Assumed Name.
An assumed name allows a business to operate under a name that is different from its legal name. This applies to sole proprietorships, partnerships, LLCs, and corporations. Registering an assumed name lets you legally use that name in contracts, banking, marketing, signage, and other business activities.
An assumed name does not create a new business entity. It is simply a registered alternate name under which your existing business operates.
Benefits of using an Assumed Name
Registering an assumed name offers several practical benefits.
Name flexibility
An assumed name lets you use a brand-friendly or descriptive business name without changing your legal business name or forming a new entity.
Simpler branding for sole proprietors
Sole proprietors can operate under a professional business name instead of their personal name by filing a Certificate of Assumed Name.
Clear legal recognition
Registering an assumed name allows customers, banks, vendors, and government agencies to clearly identify who owns and operates the business, even when the public name differs from the legal one.
Disadvantages of an Assumed Name
There are also important limitations to understand.
No liability protection
An assumed name does not provide liability protection. If you are a sole proprietor, you remain personally responsible for business debts and legal claims. To limit liability, you must form an LLC, corporation, or another formal entity.
No exclusive name rights
Registering an assumed name does not give you exclusive rights to that name. Another business may be able to use a similar name unless you also obtain trademark protection.
Consequences of using an Assumed Name without registration
If Kentucky law requires you to file a Certificate of Assumed Name and you fail to do so, you may face penalties.
Operating under an unregistered assumed name can result in fines and may create complications in legal proceedings, contracts, or lawsuits. Courts and other parties generally expect businesses to use their properly registered legal or assumed names in official matters.
Tax considerations for Assumed Names
Registering an assumed name does not change how your business is taxed.
An assumed name is not a separate business entity. Taxes are still filed under your legal business name or, in the case of a sole proprietor, under your personal name. An assumed name is used only for business operations such as advertising, invoices, and bank accounts.
Filing an Assumed Name in Kentucky
Kentucky has specific rules about what assumed names are allowed and where they must be filed. The process depends on your business structure.
Assumed Name requirements
The assumed name you choose must be distinguishable from other registered business names in Kentucky. It cannot imply a different business structure than the one you actually operate. For example, you may not include “LLC,” “Inc.,” or “Corporation” in an assumed name unless your business is legally organized as that type of entity.
Certain restricted words—such as “bank,” “attorney,” or “university”—may require additional approvals or licenses.
Search for an Assumed Name in Kentucky
Before filing, you should confirm that your desired assumed name is available.
Perform a Kentucky business entity search to check for identical or confusingly similar names. Sole proprietors filing at the county level should also check county clerk records, as some assumed names may be registered locally but not appear in the state database.
How to register an Assumed Name in Kentucky
The filing process varies based on your business type.
Step 1: Determine where to file
- Sole proprietorships and general partnerships
If you operate under a name different from your legal name, file a Certificate of Assumed Name with the county clerk in the county where your principal place of business is located. - LLCs, corporations, limited partnerships, and other registered entities
File the Certificate of Assumed Name with the Kentucky Secretary of State. You must also file an exact or conforming copy with the county clerk in the county where your registered agent or principal office is located.
Step 2: Complete the Certificate of Assumed Name
The form generally requires the following information:
- The assumed name you want to use
- Your legal business name (or your personal name for sole proprietors)
- Your principal business or mailing address
- Your business structure (sole proprietorship, LLC, corporation, etc.)
The form must be signed before submission.
Step 3: File the form and pay the fee
- Entities filing with the Secretary of State may usually file online, by mail, or in person.
- Sole proprietors file directly with the county clerk.
Once filed and approved, you may legally conduct business under the assumed name.
Costs, Duration, and Renewal
- Filing a Certificate of Assumed Name with the Kentucky Secretary of State costs $20.
- Assumed names are valid for five years and must be renewed for $20.
County clerk fees for sole proprietors vary by county, generally ranging from $33 to $46. Like state-filed assumed names, county-filed assumed names must be renewed every five years, with renewal allowed during the six months before expiration.
Conclusion
Filing a Certificate of Assumed Name in Kentucky is a straightforward way to operate under a business name that differs from your legal name. It offers branding flexibility without requiring you to form a new legal entity. However, an assumed name does not provide liability protection or tax benefits. For business owners considering whether to form a legal entity instead, understanding how to start an LLC in Kentucky can help clarify when an assumed name is sufficient and when an LLC may be the better option.
Before choosing a name, always search state and county records to confirm availability. Make sure you file with the correct office—either the county clerk or the Secretary of State—pay the required fees, and renew your assumed name every five years to stay compliant.
FAQ
No. You only need to file a Certificate of Assumed Name if you operate under a name different from your legal business name or personal name.
No. An assumed name does not offer liability protection and does not change how your business is taxed.
Filing typically costs $20 with the Secretary of State (county fees vary for sole proprietors). An assumed name is valid for five years and must be renewed to remain active.