Whether we’re talking weather, vacations, or bags of potato chips, all good things must come to an end, and that includes registered agent duties. There are numerous reasons you might need to give up your Kentucky registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
But don’t worry – resigning from a Kentucky LLC is a fairly simple process.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
Time Saving Hack: You can resign as registered agent, get all state paperwork taken care of and have a replacement agent when you hire an online registered agent service.
Notifying the Kentucky LLC
Even though you aren’t required to inform your LLC before submitting your resignation to the Secretary of State, it can be beneficial to everyone involved if you do. By reaching out to your company in advance, you give them ample time to plan for a registered agent change and come up with a solid transition plan. In doing so, you’re helping the LLC avoid potential fines and penalties in the future.
Then, in line with state law, you must send them a copy of your official resignation promptly after submitting it to the Secretary of State.
Submitting Your Resignation
You might be excited to move on to your next job or project, but first, you need to submit a “Statement of Resignation” to the Secretary of State.
Navigate to the Secretary of State’s Business Filings Forms page. There, you’ll find the “Statement of Resignation of Registered Agent.” Download the form and then fill it out with the following information:
- Your name
- The LLC name (exactly as it appears on the Secretary of State’s records)
- The business type (LLC)
- Your mailing address
- Your signature
- The date
Quick and painless, right? And the best part is that there’s no filing fee, so you can put away your checkbook and send the resignation to:
Alison Lundergan Grimes
Office of the Secretary of State
P.O. Box 718
Frankfort, KY 40602-0718
If you live near Frankfort and would prefer to deliver it in person, you can do that too. The office location is:
Capitol Building, Room 154
700 Capital Ave.
Frankfort, KY 40601
Your resignation is in, but your name isn’t off the books just yet. You will retain registered agent duties for your LLC for 31 days after your form is processed unless the company appoints your replacement sooner. Keep in mind that you may still receive mail or service of process for up to one month after you officially resign.
Handing off Your Responsibilities
When you put down your registered agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in registered agent coverage can result in severe penalties. A business entity that spends more than 60 days without a valid registered agent risks being administratively dissolved by the state. This is why it’s important to give your LLC plenty of time to find your successor.
Any new registered agent they appoint needs to meet Kentucky’s registered agent requirements. They must:
- Be an individual or business entity residing in Kentucky and authorized to do business there
- Have a physical Kentucky address (P.O. boxes aren’t allowed)
- Have a mailing address in Kentucky
- Be available to receive mail and service of process at the registered address during regular business hours
An LLC can appoint one of its individual members as its agent, but sometimes it’s best to pass along those responsibilities to a professional service.
We recommend using a registered agent service, which can take over registered agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Kentucky LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Kentucky or something completely different.