Individuals interested in forming a business in Kansas, or those wanting to expand their operations to this state from another jurisdiction, will be able to find all the information they need here in Start a Business’s comprehensive tutorial. We’ve outlined the filing processes for corporations, limited liability companies and partnerships of all varieties and we’ve shed light on the necessary steps to take following your application. Some entity types will be able to use their account with the Kansas Business Center to file online, however, the majority of business filings will need to be submitted in the mail. We recommend that all business owners and/or authorized agents review the state statutes regarding their entity type before commiting to registering in Kansas.
Start an Entity
Search for a Name
Those looking to start a business from the ground up will of course need to decide upon a name which accurately depicts the nature of the company. Foreign entities will of course already have completed this step in their development. However, both entity types would be wise to carry out a Business Entity Search of the Secretary of State name database to ensure that no other company has registered using their chosen name. Furthermore, this entity search can be used to research the business details of any entity currently registered with the Kansas Secretary of State.
Kanaccess account registration
It is required that all online filers create an account through which they can file the necessary forms for the registration of their business. As the online application is only relevant for domestic entities, it is those who plan on creating a new company that will benefit most from the Kansas Business Center. All that will be required of you is your full name, a secure and unique password and a valid email address through which you can activate your account. A tutorial for signing up with Kanaccess can be found here.
How to Register in Kansas
Step 1 – The first step in formation/registration is the selection of a unique name under which you will conduct business in Kansas. The Business Entity Search function should be employed prior to registration to ensure that your application won’t be rejected on the grounds that your chosen name is not indistinguishable from that of another entity. To prevent businesses from registering under your company name, you may file for a Name Reservation to secure your designation for a period of 120 days.
Step 2 – The next step will involve establishing the entity type that you qualify for as well as selecting the method in which you’d like to register. Below we’ve listed all the different entity possibilities in the state of Kansas. Clicking on each link will present you with a tutorial for that entity’s filing process.
- General Partnership
- Domestic Limited Partnership
- Domestic Limited Liability Partnership
- Foreign Limited Partnership
- Foreign Limited Liability Partnership
Step 3 – Once the filing forms have been completed, you may proceed to the payment of the fees. Online filers will be able to accomplish this task online using a credit card while paper filers will need to pay their fee by check or money order made out to the Secretary of State.
- Domestic Profit Corporation- $90 | $85 (Online)
- Domestic Non-Profit Corporation- $20
- Foreign Profit/Non-Profit Corporation- $115
- Domestic LLC- $165 | $160 (Online)
- Foreign LLC- $165
- General Partnerships- $35
- Domestic LLP- $165
- Foreign LLP- $165
- Domestic LP- $165 | $160 (Online)
- Foreign LP- $165
Step 4- If applicable, attach the certificate of good standing with your application. Otherwise, all that will be required is to mail both the forms and the filing fees to the below address to await correspondence from the Secretary of State.
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612
The Name Reservation function is available for those who need additional time before filing with the Secretary of State. As one would assume, a reservation will prevent other businesses from using your entity name for a predetermined period of time (in this case, 120 days). This filing can be especially useful for foreign entities wishing to avoid the inconvenience of operating under a fictitious name for the duration of their term in Kansas. The whole process can be accomplished online and will cost the filing fee of $30.
Certificate of Good Standing
The Certificate of Good Standing can be used to expand your business into other jurisdictions outside of Kansas. Most state governments will require that you show evidence of your compliance to your own jurisdiction’s laws and that you are up to date with all filings. This certificate can also be used to help apply for loans and renew business licenses. The online acquisition will take less than a few minutes and will only cost $10.
Each of the agreements listed below serve very similar purposes; they all are drafted by the initial organizers of a business to establish a guideline for how that company is to be managed and governed. All provisions relating to the power of managing members, the division of assets upon dissolution, the number of meetings held each year etc. will be contained within the bylaws of these documents. A free template can be found in each of the links below, available in both MS Word and Adobe PDF format. We recommend that you have your attorney review the agreement before having each managing member sign it. Be sure that each applicable person retains a copy for their own personal filing.
Employer Identification Number
Once you’ve finished with the filing process for your business entity, it will be necessary for you to register for an Employer Identification Number (EIN). This application can accomplished with either the PDF Application (SS-4) or the Online Registration form on the IRS website. The EIN enables you to be identified by Internal Revenue Services when you report your withheld taxes. Without one, you will find it impossible to transact any kind of financial operation from opening a simple checking account to applying for large business loans.