Legal Reasons to have an independent Kentucky Registered Agent:

Often, to save money, companies choose to designate an employee as their Kentucky registered agent for service of process. If that employee were to be on vacation, sick, or otherwise out of the office, critical Service of Process and annual report notices may not be received and processed, which can result in serious legal consequences for the company.

Advantages of Using Kentucky Virtual Mailbox & Registered Agent Services

In the Commonwealth of Kentucky, officers of a corporation, LLC, or any other company can be charged criminally for the actions or inactions of the company they serve as an officer.

• If you are not available to be served, a warrant may be issued for your arrest. Likewise, if your registered agent is served, you may time to consult with legal representation prior to speaking to police and/or surrendering yourself.

Company Officer Criminal Conduct

Under federal law, a corporation can be held liable if the employee’s actions are of the kind the employee is authorized to perform, done on the corporation’s behalf, and done at least in part to benefit the corporation. It is not a defense that the actions were against company policy or corporate management took efforts to prevent criminal misconduct.

Many state legislatures, including the Commonwealth of Kentucky and the State of Ohio, have passed laws that do not follow the federal rule, but instead follow the approach from the Model Penal Code. In the State of Indiana, however, if an employee takes an unauthorized act that has a sufficient association with an authorized act within the scope of employment, a corporation may also be held criminally liable for that employee’s unauthorized criminal act.

Responsible Corporate Officer Doctrine

• Although a corporation may be held culpable for the acts of its employees, an employee will generally not be held personally liable for crimes committed by the corporation.
• Usually, an individual may be held criminally responsible only for his own actions.
• Under the responsible corporate officer doctrine, however, some statutes permit individual criminal sanctions for actions committed by any corporate employee if the employee’s position within the company would put the violation under his control and he had the ability to prevent the violation.
• Thus, a corporation can be held liable for the acts of its agents without regard to the individual’s status in the corporate hierarchy, and liability attaches to the corporate officer without a showing of managerial complicity.

Fiduciary duties as an officer of a corporation or the member/manager of an LLC. Fiduciary duty is a special responsibility. A fiduciary must act according to the interests of someone else, such as their client or company. Unfortunately, not everyone respects or understands this obligation. For additional information, please see your legal representation.

Examples of Company Criminal Conduct:

411.184(b) Fraud. (Examples: bankruptcy fraud, tax fraud or tax evasion, insurance fraud, mail fraud, credit or debit card fraud, securities fraud, wire fraud, or any other "intentional misrepresentation of a material existing fact made by one person to another with knowledge of its falsity and for the purpose of inducing the other person to act, and upon which the other person relies with resulting injury or damage.)
434.550 – 434.730 Credit and Debit Card Crime Act (including but NOT limited to):

• Fraudulently using a card that you previously reported as lost or stolen.
• Reporting your card lost or stolen and fraudulently stating that transactions you made weren't authorized when in fact, they were.
• When a business (or their employee) intentionally represents that money, goods, services or anything else of value was provided to a cardholder when it wasn't.
• Intentionally making false statements about your identity or financial condition.

512.020 Criminal mischief.
514.030 Theft by unlawful taking or disposition.
514.040 Theft by deception.
514.050 Theft of property lost, mislaid, or delivered by mistake.
514.060 Theft of services.
514.070 Theft by failure to make required disposition.
514.110 Receiving stolen property.
519.020 Obstruction of justice.
509.020 – Unlawful imprisonment.

• False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally prevents another person's ability to move freely.

526.020. Eavesdropping. A person is guilty of eavesdropping when he intentionally uses any device to eavesdrop, whether or not he is present at the time.

An accessory before the fact would be a person who aids, abets, assists, incites or encourages the principal in the commission of the crime.

Reasons to have a Kentucky Registered Agent