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Starting a business in Kentucky is an exciting venture, but the registration process can be daunting for new entrepreneurs. With the right guidance, however, it doesn’t have to be.
In this article, you’ll find a comprehensive, step-by-step guide to navigating Kentucky’s business registration process. From understanding legal requirements to gathering essential documentation, this guide simplifies the journey into seven key steps. Whether you’re starting a new business or formalizing an existing one, our tips and resources are tailored to make the process smoother.
We also highlight top-notch services like Northwest Registered Agent, which can assist you every step of the way. Ready to turn your business idea into reality? Let’s dive into the Kentucky registration process!
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How to Register Your Business in Kentucky in 7 Simple Steps
Initiating registering a business in Kentucky can be seamless when armed with the insights. Follow these seven guidelines to establish your business based in Kentucky effortlessly.
Step 1: Decide on Your Business Structure
The best organizational configuration for registering your business in Kentucky will be determined by the specifics of your enterprise and its expansion strategies. There are several corporate and non-corporate types of businesses to contemplate. Below is a summary of each model, along with its inherent stipulations.
It’s worth mentioning that only specific types of businesses need to register with the Kentucky Secretary of State, typically those that require incorporation.
Sole Proprietorship
In the state of Kentucky, operating a business is an uncomplicated affair. This setup positions the owner and the business as one legal unit. The owner handles any debts or liabilities incurred by the business.
Registering a business in Kentucky is simple and has minimal legal and bureaucratic demands. It’s noteworthy that there’s no state requirement to register a Sole Proprietorship, though some local permits or licenses may be necessary.
General Partnership
A business entity, known as a General Partnership, is typically shared between a minimum of two individuals who divide both gains and setbacks. Every partner in this arrangement bears personal responsibility for the financial liabilities and legal commitments tied to the enterprise.
In Kentucky’s jurisdiction, there’s no mandate for state-level registration of such partnerships. However, submission of a “Kentucky Assumed Name Certificate” (also known as DBA) might be required within the county where your firm operates.
Limited Partnership (LP)
In the state of Kentucky, a restrained alliance comprises at least one principal associate who conducts business operations and assumes unrestricted personal responsibility.
It includes at least one marginal associate whose involvement is primarily capital contribution, and their accountability is finite. To constitute such an alliance or Limited Partnership (LP) in Kentucky, a filing of the “Certificate of Limited Partnership” with the Secretary of State’s Office in Kentucky is obligatory.
Limited Liability Company (LLC)
An LLC, or Limited Liability Company, is an adaptable business model that combines the corporation’s limited liability safeguards with the tax advantages and simplicity inherent in a partnership.
To establish such an entity in Kentucky, it’s necessary to submit “Articles of Organization” to the Secretary of State within Kentucky and draft an Operating Agreement that details both managerial responsibilities and ownership hierarchy.
Corporation
In its own right, a Corporation stands as an independent legal entity, distinct from those who hold ownership (shareholders), ensuring them limited liability protection. In Kentucky, Corporations are classified into two categories:
- C-Corporations
- S-Corporations
To register a business in Kentucky, you must submit “Articles of Incorporation” to the Secretary of State in Kentucky. The process for Corporations is more intricate, involving tasks like drafting bylaws, distributing stock, and conducting consistent board and shareholder gatherings.
Select the organizational form that aligns with your needs considering liability safeguarding, tax implications, and administrative demands. Seek advice from an expert in law or business if you need help deciding on this matter.
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Step 2: Select a Unique Business Name
In Kentucky, there are three primary methods for determining your business’s name: choosing an official legal entity title, securing a trademark, or registering an official name and then conducting business under another.
It’s vital to familiarize yourself with the particular requirements for naming businesses in Kentucky as each state has its unique set of regulations and conditions. The approach to registering a business in Kentucky will be shaped by the exclusive needs and circumstances surrounding your firm.
Consider employing all three techniques to guarantee complete ownership over your business name. However, it’s also equally efficient to pick just one out of the available alternatives. While not compulsory, maintaining uniformity across all registration procedures can be beneficial.
Following is a detailed elucidation on each method used for determining a business name in Kentucky:
Legal Entity Name
In the state of Kentucky, there’s an obligation for Corporations to establish a unique legal title, which will be used by the state to recognize your enterprise. These entity titles should be unique enough to prevent potential misunderstandings with pre-existing businesses.
The guidelines for naming in Kentucky include laws about corporate suffixes (such as LLC, LP, or Corp) and necessitate that the name truly signifies the nature of the business being registered. Verifying a name’s availability can be done by accessing the Kentucky Secretary of State’s database for business names.
Trademark
Within the confines of Kentucky, a trademark serves as a safeguard for Intellectual Property rights that extend nationwide coverage to business entities in terms of their name or emblem. To confirm and secure the exclusivity of any given name or logo, it’s imperative to conduct an exhaustive search within the USPTO database. This is done to ensure that no prior registrations exist.
Post-registration of a trademark, its role extends beyond mere protection. It actively inhibits others from replicating or imitating your distinctive name/logo for products/services akin in nature. It provides umbrella-like protection across the nation’s length and breadth. However, one must remember simply securing trademark rights doesn’t automatically grant unrestricted global usage privileges over said label or logo.
Doing Business As (DBA)
In Kentucky, businesses are granted the flexibility to register under an official name and operate under another. This is commonly known as a Doing Business As (DBA) designation.
If you wish to adopt a DBA moniker, it requires filing a DBA registration with the county clerk’s office of your business location. Despite being governed by federal trademark laws, it’s noteworthy that DBAs don’t have exclusivity requirements on the state scale.
Comprehending and leveraging these principles for naming can prove beneficial in successfully registering your business name within Kentucky while assuring robust protection of your brand persona.
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Step 3: Consider Taxes and Other Costs in Kentucky
Here’s a detail of the business taxes that apply to LLCs in Kentucky:
Sales and Use Tax
In Kentucky, all retail sales, leases, and most goods rentals are subject to a state sales and usage tax of 6%. The state doesn’t impose local sales and use taxes. Certain goods or services may be free from the said tax. An exhaustive list of such exemptions can be accessed here.
To apply for a Kentucky sales tax ID, you can conveniently navigate through the online process. Upon receiving your Kentucky sales tax ID, it becomes an obligation to gather the relevant taxes from your customers and forward these to the Kentucky Department of Revenue every quarter.
Employer Payroll Tax Withholding
In Kentucky, it’s a mandated requirement for all employers to deduct federal taxes from their employee’s paychecks. The amount to be deducted is 7.65% of the taxable salary, which mirrors the percentage that employees shoulder as part of the total federal tax rate pegged at 15.3%.
Alongside this federal deduction, there’s also an obligation on your part as an employer to withhold income tax specific to the state of Kentucky from your workers’ earnings, which stands at a rate of 5%.
Kentucky Franchise Tax
The Kentucky Limited Liability Entity Tax (KY LLET) is an imposition placed on certain businesses as a payment for their legal presence and operational rights within the state.
The tax amount is determined by either $0.095 per $100 of Kentucky gross receipts or $0.75 per every $100 of Kentucky gross profits, depending on which yields a lesser value. However, business operators must contribute a base KY LLET sum of $175, regardless of the chosen computation method.
To streamline the registration process and make it more efficient, entrepreneurs in Kentucky have access to online tools such as Northwest.
This solution provides various services tailored to assist business owners with their registration needs, including filing necessary documentation with the Secretary of State’s office, obtaining an Employer Identification Number (EIN), and crafting an effective operating agreement.
In addition to these offerings, BusinessRocket also delivers continued compliance support to ensure businesses maintain their good standing by state mandates.
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Step 4: Register and Acquire Licenses and Permits in Kentucky
To register your business in Kentucky, obtaining the necessary licenses and permits is important. Here are the key requirements:
Tax Registration: If your intentions involve merchandise vending in Kentucky, you must register with the Department of Revenue (DOR) for sales tax collection purposes. If your business incorporates employees, registration with the DOR becomes essential for employer withholding taxes, too. Kentucky’s One Stop Business Portal caters to these needs by facilitating a comprehensive online registration procedure that includes other business-related taxes.
EIN (Employer Identification Number): Should your company employ staff or have a separate tax structure from your individual taxation, the onus is on you to procure an Employer Identification Number (EIN) from the Internal Revenue Service. Even though it’s not always obligatory, there are many instances where possessing an EIN comes in handy for business purposes.
Financial institutions typically require an EIN when setting up a corporate account, and other firms you collaborate with might require it for transaction processing. An EIN application can be submitted via the Internet at no charge.
Regulatory Licenses and Permits: The state of Kentucky doesn’t distribute a universal business license. Nonetheless, numerous businesses might necessitate one or more industry-specific licenses or permits. Often termed as “occupational,” these could encompass areas like business amenities, product trading, health and safety regulations, and conformity with environmental standards.
Refer to the Occupational Licenses/Permits division in the Kentucky One Stop Business Portal to identify the applicable state regulatory licenses and permits suitable for your enterprise. To acquire local licenses and permits relevant to your operation’s location(s), consider exploring the web portals of the respective cities or counties where you plan to conduct business.
Professional and Occupational Licenses: Individuals across different sectors are subject to these licenses. The Occupational Licenses/Permits segment on the Kentucky One Stop Business Portal provides a rundown of many, though not all, of these professions and occupations.
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Step 5: Open a Bank Account for Your Business in Kentucky
Once you’ve secured your EIN, the next crucial step is to establish a business banking account in Kentucky.
Regulations for LLPs, LLCs, and Corporations necessitate having a distinct business bank account. Individual entrepreneurs and unincorporated alliances aren’t required to keep personal and business finances separate.
The process of initiating a business account in Kentucky is quite uncomplicated. It simply entails visiting a nearby bank branch and filling out the necessary documentation. Prior to settling on any financial institution however, it’s wise to do some groundwork comparing rates and perks offered by various banks.
Even if your operations fall under Sole Proprietorship or unincorporated partnership within Kentucky boundaries, it’s highly suggested that you have an exclusive business bank account for better delineation of personal versus professional funds. This foresighted move can save you from future hassles should incorporation become part of your future plans.
Step 6: Protect Your Intellectual Property in Kentucky
When you’re laying the foundation to register a business in Kentucky, it’s crucial to think about shielding your invaluable Intellectual Property (IP) based on what your firm entails.
For instance, the primary goal for many companies is to defend their brand name and emblem from illicit copying or usage by unrelated parties. Depending on if your venture involves merchandise sales or service provision, you might also need to preserve the aesthetic of your commodities or the unique creations like written pieces, designs, or compositions that you produce.
The state of Kentucky offers many pathways to achieve this protection. It’s beneficial to swiftly initiate necessary applications to deter others from capitalizing on your IP.
Trademark
In Kentucky, a trademark is defined as a unique emblem, slogan, term or design that sets apart one’s goods or services from the rest in the marketplace.
These trademarks must be filed with the U.S. Patent and Trademark Office (USPTO) to gain legal safeguarding. The filing procedure typically takes four to six months before completion. Once officially registered, the trademark is given nationwide protection, and any unauthorized utilization may face legal consequences.
Businesses operating in Kentucky can secure their trademarks by registering with the USPTO. This fortifies their brand image and reputation and offers them legal options should unauthorized attempts be made to use their registered trademark.
Copyright
Copyright law safeguards original creations such as literature, drama, music, artistry, and other intellectual pieces. This protection spans written material, software coding, web-based content, film productions, audio recordings, and several forms of imaginative expression.
When a novel work is conceived in Kentucky, it instantly receives copyright security from the creator’s end. The legal entitlement to control the application of your creation is vested in you as an exclusive rights holder for distribution purposes. This includes reproduction rights and authority over selling your Intellectual Property or creating derivative works from it.
Nevertheless, availing of registration services from the U.S. Copyright Office introduces protective measures that establish concrete proof of ownership rights. Opting to register your copyright within Kentucky boundaries not only fortifies your work against any potential infringement activities but also equips you with the legal tools necessary for defending these exclusive rights in court if ever required.
Patent
In Kentucky, securing a patent is crucial when you come up with an innovative product or a unique piece of equipment. This legal document bestows exclusive privileges related to the owner’s invention upon the owner, barring others from producing, selling, or importing the patented entity for a designated time frame.
Navigating through the patent procedure can be intricate and potentially stretch over five years, hence, getting started early is recommended if you have an original creation that requires safeguarding. Patent submissions are made to the United States Patent and Trademark Office (USPTO).
Protecting your intellectual rights in Kentucky enables you to fortify your brand, products, and inventions. This ensures business continuity and provides a competitive advantage in ensuring ongoing success.
Step 7: Set Up Your Payment Infrastructure in Kentucky
To register your business in Kentucky up and running as soon as it’s registered, it’s crucial that you set up a dependable, straightforward system for handling transactions.
There are countless payment processing services available out there that offer user-friendly platforms and seamless integration with your online platform or point-of-sale (POS) system. Top-notch providers such as Square, Stripe, and PayPal stand out. These systems allow for ease of implementation and customization tailored to your business goals.
By incorporating payment processors, you pave the way for a comprehensive variety of payment options, including but not limited to credit and debit cards, ACH transfers, and digital wallets such as Apple Pay and Google Pay.
Opting for a reliable service allows you to offer your clientele a safe platform to transact with their preferred payment methods. This guarantees smooth transactions that satisfy all parties involved.
Compliance with Kentucky’s sales tax regulations is just as crucial when choosing your processor. Acquiring the “Kentucky Sales and Use Tax Permit” from Kentucky’s Department of Revenue is necessary to ensure this compliance. This permit authorizes you to levy sales tax on taxable commodities and services.
With these key elements set up properly, an efficient payment system and legal compliance can be achieved. Your business based in Kentucky will be poised optimally to cater securely to customers’ needs while generating proficient revenue. Following these guidelines will significantly aid in establishing a legally sound enterprise within Kentucky’s borders.
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Top 6 Business Registration Services for Kentucky Entrepreneurs
Kentucky-based business owners have a range of business registration services at their disposal, specifically tailored to assist in the establishment and ongoing operation of their ventures.
These services encompass a diverse array of solutions aimed at ensuring compliance with both state and federal regulations. Presented here are some standout options for Kentucky entrepreneurs seeking top-notch business registration assistance.
Northwest Registered Agent operates as an internet-based firm specializing in the registration of business entities. Their focus is on providing registered agent services, managing compliance issues, and submitting relevant documents. They have built a strong reputation for delivering high-quality service and exceptional customer support.
They’re committed to assisting businesses in adhering to both federal and state legislative requirements. Offering a range of entity formation assistance such as LLCs, corporations, and nonprofits, Northwest Registered Agent is indeed dynamic.
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Tailor Brands might not be your usual business registration service. Still, they provide a unique online branding and design solution that helps businesses build a professional and consistent brand identity. They put forth extensive branding options, such as designing logos, crafting business cards, and shaping social media identities.
Tailor Brands also provides many design tools and resources, enabling businesses to generate and customize their branded assets.
BusinessRocket is an innovative online platform that provides vital services for registering a business in Kentucky. Offering a user-friendly interface and expert support, BusinessRocket streamlines the entire process, from selecting the right business structure to completing all required documentation and acquiring the necessary licenses.
This platform offers personalized solutions that cater to each client’s unique requirements, guaranteeing efficiency, affordability, and adherence to state regulations. With its intuitive tools and extensive resources, BusinessRocket empowers entrepreneurs to confidently establish their ventures while entrusting administrative tasks to experienced professionals.
ZenBusiness operates as an online business registration service, specializing in areas such as company establishment, representation services for registered agents, and filing of yearly reports. They offer budget-friendly prices and customized packages that come with unswerving support and the resources to aid businesses in maintaining compliance while expanding.
Their user-centric website design coupled with their efficient process, simplifies the task for entrepreneurs aiming to register a business in Kentucky.
Swyft Filings, a popular choice for business registration services, delivers speedy and straightforward company establishment. This includes the creation of LLCs, incorporation procedures, and adherence to compliance rules. They offer bespoke guidance and an abundance of materials aimed at aiding businesses in grasping the intricacies of formation while ensuring they meet both state and federal guidelines.
With Swyft Filings’ accessible website interface coupled with cost-effective rates, the registration journey becomes a breeze for budding entrepreneurs.
Bizee is a digital business incorporation service designed to offer speedy and reasonably priced company formation facilities. They present an assortment of bundles that encompass the provision of registered agent services, compliance oversight, and administrative document submission.
Bizee’s interface is intuitive and efficient, simplifying the usually complicated process of business registration into a painless procedure. In addition to this initial assistance, they also offer sustained resources and guidance to help companies remain within legal boundaries and prosper.
Each variant in their suite of business incorporation solutions possesses distinct benefits that cater specifically to Kentucky-based entrepreneurs looking to set up their businesses.
By examining these options in detail and juxtaposing them against one another, budding businessmen can identify the most fitting solution for their specific circumstances which will render the incorporation procedure more straightforward and productive.
Business Registration Laws in Kentucky
The Kentucky Secretary of State’s office supervises the regulations regarding business registration within the state. As you embark on your entrepreneurial journey in Kentucky, be prepared to meet a number of registration stipulations. Here are some essential considerations to remember:
- Business Entity Types: Various forms of business structures are permitted in Kentucky, such as single-owner businesses, alliances, Limited Liability Companies (LLCs), and corporate bodies. Each classification has unique legal consequences and registration prerequisites.
- Choosing a Business Name: You need to find an original business name that no other entity in Kentucky has claimed. To ensure your chosen name is free, you can use the Kentucky Secretary of State’s website to conduct a comprehensive search for its availability.
- Registering a Sole Proprietorship: If you’re a sole proprietor managing your venture under your personal legal name, there’s usually no obligation for state registration. Should you intend to operate using an alias or trade name (essentially a name not identical to yours), it becomes necessary to submit a “Doing Business As” (DBA) registration at the county clerk’s bureau in your area of business operation.
- Registering a Partnership: In Kentucky, there’s no legal compulsion for partnerships to register with the state. However, it’s advisable to craft an agreement between partners and file a ‘Doing Business As’ (DBA) if the business intends to operate under a different name than that of its partners.
- Registering an LLC or Corporation: Establishing an LLC or a Corporation entails submitting the requisite establishment paperwork to the Secretary of State in Kentucky. An LLC requires you to submit Articles of Organization, whereas it necessitates filing the Articles of Incorporation for corporations. These documents can be submitted via mail or online, and they mandate specific details about your enterprise, such as its title, location, registered representative, and managerial framework.
- Registered Agent: All corporations and LLCs registered in Kentucky must designate a registered agent. This individual or entity is responsible for accepting official and legal documents on the business’s behalf. The registered agent must possess an actual physical address within the state of Kentucky.
- Employer Identification Number (EIN): Typically, enterprises functioning in Kentucky must secure an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This specific figure is necessitated for taxation objectives and becomes a prerequisite if you have staff under your wing or decide to run your enterprise as a joint venture or incorporated entity.
- Business Licenses and Permits: Your business type may necessitate certain licenses and permits at various governmental levels, which could range from federal to state or even local. The prerequisites for these changes are based on your industry and geographical area. A beneficial tool is the Kentucky One Stop Business Portal website, which can help you identify the appropriate permits and licenses your enterprise requires.
Remember the particular prerequisites for registering your business may differ. Engaging with a competent legal representative or professional consultant who can offer advice customized to your unique circumstances is advisable.
Moreover, accessing the Kentucky Secretary of State’s official online portal ensures you receive the current and precise data pertinent to business registration within Kentucky.
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Alternative Business Registration Methods in Kentucky
Consider these varying methods for registering a business that could be relevant in the state of Kentucky:
Mail or In-Person Registration
Choosing not to utilize the online approach for business registration is perfectly fine. Instead, you can physically mail the completed paperwork or directly submit them at the office of the Secretary of State. The required forms are conveniently available on their official website, or you might opt to receive these via postal service upon request.
Legal Assistance
Should the task of registering your business seem intricate, or you seek expert advice, an attorney or a business structuring service can be of great help. They can manage all administrative work and guarantee adherence to all requisite mandates.
Business Formation Services
Certain service providers specializing in business establishment offer support for registering a business in Kentucky. These services can manage the bureaucratic duties and documentation for you, making the registration procedure less complicated.
Professional Associations and Organizations
The process of registering your business in Kentucky can vary depending on the kind of venture you’re setting up. Professional groups or bodies within your industry might offer invaluable insights and tools for the registration process, as they possess unique expertise tailored to different business sectors.
When examining alternative ways to register a business in Kentucky, consider the specific rules and mandates relevant to your selected business framework (such as Sole Proprietorship, Partnership, LLC, Corporation, etc.).
To get the most precise and current data about this matter, we suggest checking out the official site of the Kentucky Secretary of State or seeking advice from legal experts who have a thorough understanding of how businesses are registered in Kentucky.
Benefits of Registering Your Business in Kentucky
Becoming a registered enterprise in Kentucky presents an array of advantages. A few noteworthy ones are as follows:
- Business Incentives: Startups and expanding companies can greatly benefit from a variety of business incentives Kentucky offers, such as tax reductions, lending schemes, and financial aids
- Legal Protection: Establishing your enterprise legally distinguishes it as a separate entity, offering you protection from personal liability. Essentially, this safeguards your personal possessions in the event of your business accumulating debt or becoming the subject of legal action.
- Credibility and Professionalism: A business that’s officially registered imparts a sense of reliability and expertise, enhancing its appeal to clients, vendors, and prospective financiers.
- Compliance with Laws: The legislation in Kentucky mandates that all businesses be registered within the state. This act of compliance not only keeps you on the right side of the law but also helps to prevent any possible legal complications or penalties.
- Access to Business Resources: Kentucky provides a wealth of support for small-scale enterprises. This encompasses programs aimed at business growth, instructional sessions, and events for making professional connections.
- Access to the Kentucky Market: Securing a business registration in Kentucky state boundaries may present significant benefits if you’re considering conducting commercial operations there.
- Banking and Tax Advantages: Being a recognized entity simplifies processes such as establishing a corporate bank account, acquiring loans, and submitting tax returns. Occasionally, your firm might be eligible for certain tax advantages unique to your state.
- Name Protection: By registering a bsuiness in Kentucky, you’re ensuring a safeguard from other companies attempting to use an identical or comparable name within the state.
Do remember the multitude of advantages that come with officially registering your company, including annual report submissions and payment of renewal fees. Consulting a business consultant, lawyer, or accountant is recommended to fully comprehend the obligations and consequences associated with getting your business registered in Kentucky.
Is It Necessary to Register a Business in Kentucky?
Without a doubt, most enterprises operating in Kentucky are required by law to register within the state. This registration procedure varies based on several factors, such as the type of business entity, its scale, and various other considerations.
Common steps during this process include getting a Sales and Use Tax Permit specific to Kentucky, registering as an LLC (Limited Liability Company) or Corporation within Kentucky’s jurisdiction, along with securing any professional permits or licenses that are relevant to your industry.
Conducting thorough research about your business’s unique requirements and ensuring absolute compliance with all associated registration responsibilities is fundamental for avoiding potential legal or financial issues in the future.
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How to Register Your Business in Kentucky – Frequently Asked Questions
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Bottom Line on How to Register Your Business in Kentucky
Adhering to state laws and regulations is crucial when launching your business in Kentucky. Though the process might seem complex, following the right steps ensures a strong foundation for your venture.
Key aspects include choosing a suitable business name and legal structure according to Kentucky Secretary of State regulations. Filing all necessary documents and securing any required licenses or permits relevant to your industry and location is also essential.
Consider streamlining the process using a business registration service like Northwest to ensure compliance and ease. Properly registering your business in Kentucky prevents legal and financial complications and sets you up for long-term success.
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Learn How To Register a Business by State
Explore our interactive U.S. map to cultivate your knowledge on registering a business by exploring the unique processes and requirements specific to each state.
