(1) An entity or foreign entity may correct a document filed by the Secretary of State if: (a) The document contains an inaccuracy;
(b) The document was defectively executed, attested, sealed, verified, or acknowledged; or

Terms Used In Kentucky Statutes 14A.2-090

  • Entity: means a corporation, business or statutory trust, partnership, limited partnership, limited liability company, limited cooperative association, or unincorporated nonprofit association, governed as to its internal affairs by the laws of the Commonwealth of Kentucky. See Kentucky Statutes 14A.1-070
  • Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(c) Electronic transmission of the document to the Secretary of State was defective.
(2) A document is corrected by:
(a) Preparing articles of correction that:
1. Describe the document, including its filing date, or attach a copy of it to the articles of correction;
2. Specify the inaccuracy or defect to be corrected; and
3. Correct the inaccuracy or defect; and
(b) Delivering the articles of correction to the Secretary of State for filing.
(3) Articles of correction shall be effective on the effective date of the document they correct except as to persons relying on the uncorrected document adversely affected by the correction. As to those persons, articles of correction shall be effective when filed.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 16, effective January 1, 2011.