30 KAR 1:020. Statements, reports and documents; filing requirements.

 

      RELATES TO: KRS Chapters 271B, 272, 273, 274, 279, 287, 289, 290, 304, 1994 Ky. Acts ch. 389

      STATUTORY AUTHORITY: 1994 Ky. Acts ch. 389

      NECESSITY, FUNCTION, AND CONFORMITY: To codify as an administrative regulation the long-standing custom, practice and function of the Department of State to require that a corporation or limited liability company, whether foreign or domestic, be in good standing before current statements or other documents which are newly submitted by the corporation or limited liability company are received and filed by the department. This serves to enforce the provisions of the various Kentucky statutes on corporations and limited liability companies which require corporations and limited liability companies to file certain statements, reports and documents with the department, together with fees therefor.

 

      Section 1. (1) As used in this administrative regulation, "good standing" means that all annual reports which are lawfully required to be received from a corporation or limited liability company, whether foreign or domestic, have been received and filed in the Department of State, that all other lawfully required statutory documentation has been received and filed, and that all lawful fees therefor have been paid.

      (2) A corporation or limited liability company shall be in good standing upon the records of the Department of State before that department can file current statements or other documents received from that corporation or limited liability company. (1 Ky.R. 326; eff. 2-5-75; Am. 20 Ky.R. 3206; eff. 8-4-94.)