How Kentucky Secretary of State’s COVID-19 Protocols May Affect Your Business

While many people begin to work from home in an effort to practice social distancing, it is important to remember that corporate needs still arise for many individuals and their businesses. Effective 5:00 p.m. on March 18, 2020, the Kentucky Secretary of State’s office closed to walk-in services. Additionally, Kentucky government agencies, including the Secretary of State’s office, have been asked to reduce staffing by 50 percent and work remotely. 

Many businesses may be worried about corporate deadlines, obtaining notarized documents, and working with the Secretary of State’s office in light of the in-person restrictions and staff reduction. The Secretary of State’s amended protocols and staffing decisions can have great impact on corporate and commercial clients. It is therefore important for businesses to understand the Secretary of State’s new protocols and how they may affect you or your business. 

Summary of Kentucky Secretary of State’s COVID-19 Protocols

U.C.C. Filings

All U.C.C. filings should be filed through the Secretary of State’s website electronic filing system https://web.sos.ky.gov/ftU.C.C./(S(y0ox4cwnwphm34iu4ofitk0w))/default.aspx.

In the event that the collateral description is too lengthy for the 8,000 character limit, the Secretary of State is permitting U.C.C. filings to be mailed to its office or faxed to 502-564-5687. 

The Secretary of State’s mailing address is:

Office of the Kentucky Secretary of State

700 Capital Avenue

Suite 152

Frankfort, KY 40601

For filings that are faxed, once processed, the Secretary of State’s office will fax or email the file stamped acknowledgement back to the remitter. The U.C.C. filing will receive as a filing date, the date that the fax is received in the office. Although the Secretary of State’s office will attempt to process filings as quickly as possible, the office has up to three days to process the filing.

U.C.C. Searches

Certified searches and copy requests can still be requested by fax or mail. The Secretary of State requests that parties indicate in section three of the U.C.C. Information Request form (https://www.sos.ky.gov/bus/U.C.C./Documents/InfoReq.PDF ) if they wish to have the completed requests returned by fax, email, or mail.

Business Filings

A business filing can be mailed to the Secretary of State’s office or emailed to Vanessa Miller ([email protected]) for processing. The file stamped acknowledgement will be returned via email. Payment receipts will be provided upon request. Business filings will be processed within five days from the time they are received.

Annual Reports

Annual reports that must be filed with the Secretary of State’s office can be submitted electronically (https://web.sos.ky.gov/ftsearch/?path=ftarp) or by mail. 

Business Records

All business record requests can be requested by fax or mail. The Secretary of State’s office requests that parties indicate on the form (https://web.sos.ky.gov/forms/corp/ReqCorpDoc.pdf) if they wish the completed request to be returned by email or fax.  If the requesting party does not indicate how they wish to receive a completed request, the processed requests will be mailed.  Business records are processed within three days of receipt.

Apostilles/Authentications

All requests for Apostille or Authentication must be submitted by mail.  The Secretary of State’s office asks that parties use the specific request form approved which can be found here:

https://www.sos.ky.gov/admin/Documents/ApostilleAuthentication.PDF

Trademark/Service Mark

All applications for trademark/service mark must be submitted by mail.

(https://www.sos.ky.gov/bus/tmandsm/Pages/Forms.aspx).

Notary Applications

Notary applications should be submitted either online (http://web.sos.ky.gov/notaries/SubmitApplication) or by mail (https://web.sos.ky.gov/Forms/notary/NotaryStateAtLarge.pdf).

In light of the COVID-19 public health emergency, be assured your Dinsmore attorney is available and working to stay up-to-date on all recent developments that may affect all of your business needs. 

For more information on how COVID-19 is impacting businesses across the country, visit Dinsmore’s COVID-19 Business Strategies Hub (https://www.dinsmore.com/covid-19-business-strategies-hub/).