Kentucky Quitclaim Deed (LLC Grantor)

A Kentucky quitclaim deed signed by a limited liability company turns on a question a deed from an individual never raises: which human being may sign in the company's name, and in what capacity. This fillable deed names one limited liability company as the only grantor, records the signer's capacity, and releases whatever interest the company holds in Kentucky real property, with no covenant of title.

Which signature binds the company

KRS 275.135 answers it in two branches, and the articles of organization decide which applies. Where the articles do not vest management in managers, every member is an agent of the company, and a member's execution of an instrument in the company's name, for apparently carrying on the company's business in the usual way, binds the company unless that member in fact lacks authority and the person dealing with the member knows it. Where management is vested in managers, no member is an agent solely by being a member, and every manager is an agent on the same terms. Section 2 names the signer and the capacity, and the deed recites that the signer acts under KRS 275.135 and the company's articles and operating agreement, whose terms it does not set out.

Title held in the company's own name

KRS 275.240 is why the grantor here is the entity and not the people behind it: property acquired by a limited liability company belongs to the company, not to the members individually, and title to real estate acquired in the company name vests in the company. The KRS 382.110 source of title recital points to the deed that placed title in that name, by office, book, page, and date. A second consequence runs through the form: a company has no surviving spouse, and the KRS 392.020 dower and curtesy share reaches real estate of which a deceased spouse was seized, so this deed carries no spouse joinder block and no marital status entry.

The transfer tax subsection written for companies and members

KRS 142.050 sets the transfer tax at one half of one dollar for each five hundred dollars of value, or fraction of that amount, payable by the grantor, and KRS 382.260 leaves a deed short of legal lodging until the clerk has collected it. Company conveyances have a subsection of their own in the exemption list: under KRS 142.050(7)(o) the tax does not apply to a transfer of title between a limited liability company and any of its members. A deed to an unrelated buyer sits outside that list, and the figure it is taxed on comes from Section 7, the sworn KRS 382.135 certificate, with its entry for full consideration paid and its entry for estimated fair cash value.

What the form recites, and what it is not arranged for

The deed recites exactly one grantor, a limited liability company, with its mailing address and state of organization; one individual signing in the company name; and one or more grantees with a co-ownership designation entry. Two signature blocks follow: the company's signer executes the deed with its certificate, the grantee signs the certificate alone, and each takes a notarial certificate carrying the oath and the acknowledgment together. A company distributing a rental house to its sole member, a company releasing to an affiliate an interest recorded in the wrong entity name, and a company deeding a parcel back to the individual who contributed it present the patterns this deed recites. It is not arranged for two companies on the granting side, an individual conveying personally, a corporation signing through an officer, or a company whose agreement calls for two signatures.

No covenants, and what the clerk still checks

Warranty in Kentucky is a matter of statutory words: KRS 382.040 confines with special warranty to claims arising by, through, or under the grantor, and KRS 382.030 makes with warranty a covenant against all claims. This deed carries neither phrase and states as much on its face, so mortgages, judgment liens, easements, and chain gaps ride through the conveyance. Its remaining blanks answer the content statutes: mailing addresses for both parties, the in care of tax bill address, a parcel identification entry, and the preparer endorsement KRS 382.335 makes a condition of recording.

Sometimes searched as an LLC quit claim deed, this download delivers the fillable deed, a completed Madison County example, and a plain language guide covering the company entries, the signing capacity, and recording with the county clerk. The materials are informational and are not legal advice.