Legal Question in Business Law in Kentucky

regulation of business

Is Kentucky state government required to provided a regulatory scheme that allows a lawful business to be licensed and operate in the state?


Asked on 3/09/07, 8:40 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: regulation of business

It sounds like you have a very specific issue in mind, but your question, as phrased, is very broad. There are many levels of regulation on businesses - from laws regarding incorporation to zoning codes. So, there is no one "Yes" or "No" answer to your question. The best I can do is point you to the Kentucky Constituion. Two pertinent provisions are:

Section 190: Except as otherwise provided by the Constitution of Kentucky, the General Assembly shall, by general laws only, provide for the formation, organization, and regulation of corporations. Except as otherwise provided by the Constitution of Kentucky, the General Assembly shall also, by general laws only, prescribe the powers, rights, duties, and liabilities of corporations and the powers, rights, duties, and liabilities of their officers and stockholders or members.

Section 195: The Commonwealth, in the exercise of the right of eminent domain, shall have and retain the same powers to take the property and franchises of incorporated companies for public use which it has and retains to take the property of individuals, and the exercise of the police powers of this Commonwealth shall never be abridged nor so construed as to permit corporations to conduct their business in such manner as to infringe upon the equal rights of individuals.

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Answered on 3/09/07, 10:00 am


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