Individuals wishing to incorporate their business within  Kansas will be creating what is known as a domestic corporation. A business entity of this variety will fall under one of two categorizations, profit or non-profit, with the filing forms differing slightly between the two variations. However, incorporators will enjoy the luxury of online filing regardless of the corporation’s nature and will be able to pay the respective fees via credit card. Paper filers will be required to print off the PDF and pay by check or money order. Domestic profit corporations can expect to be charged either $85 (online) or $90 (paper) while non-profits need only provide $20 (online and paper). It should be noted that all filing must be completed in accordance with Chapter 17 of the Kansas State Statutes.

Before filling out the necessary paper work, you will need to settle on a name for your company and ensure that it hasn’t been registered by another business entity in the State of Kansas. This can be accomplished by conducting a Business Entity Search of the Secretary of State online name database. You may want to complete a Name Reservation also as this will allow for you to reserve the rights for you name for a period totaling 120 days.

How to File (Online)

Step 1- In order for you to be able to file online, you will need to first log in to your account with the Kansas Business Center (tutorial found here). If you haven’t signed up for an account, all that will be required of you is your full name and email address. Once you’ve logged on, navigate to this webpage and select either the profit corporation or non profit corporation option before clicking continue.

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Step 2- If you’ve reserved your name online or through a paper application, provide the required information in the windows on the right. In the case that a name reservation hasn’t been performed, enter it into the field on the left. The following page will let you know whether or not it’s available.

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Step 3- This step will apply to non-profit corporations exclusively. Here you will need to indicate whether your corporation will have stockholders or members.

ks-non-profit-1Step 4- You can now select the registered agent type (business or individual) and on the following page, enter their full name/business name into the provided fields.

ks-domestic-llc-3Step 5- This step will have you entering the address of the registered agent. On the following page, you will be able to provide the mailing address at which you will receive correspondence from the office of the Secretary of State.

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Step 6-You will be given the opportunity to give insight into the nature of the business in the first window. Below that you will need to indicate whether the entity is a close corporation and whether it is perpetual or not. Provide the expiration date if applicable.

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Step 7- If your corporation plans on issuing stock, provide the number of shares, stock type, stock class and par value per share into the provided table.

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Step 8- Here you will be able to provide the name, address and type of each initial incorporator. You will also need to indicate whether the power of the incorporators will terminate following this filing.

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Step 9- Enter the name and mailing address of each initial director next.

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Step 10- Lastly, you will need to provide the email address at which correspondence will be sent and the signature of each incorporator. Click I Agree once you’ve read the terms on this page and continue on to the check out. There you will be able to pay the filing fee and finish the process.

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How to File (PDF)

Step 1- Begin by downloading the PDF of the Profit Articles of Incorporation or the Non-Profit Articles of Incorporation. 

Step 2- Those forming a for-profit business will need to supply the Secretary of State with the following information:

  • 1-Name of corporation
  • 2-Name of registered agent and their address
  • 3-Mailing address
  • 4-Tax closing month
  • 5-Nature of corporation’s business purpose
  • 6-Number of corporate shares along with the stock, class and par value of each type
  • 7-Name and mailing address of each incorporator
  • 8-Name and mailing address of each director
  • 9-Duration of corporation
  • 10-Effective date
  • 11-Signature of two incorporators and the date of filing

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Non-profit entities will need to provide the following:

  • 1-Name of corporation
  • 2-Name of registered agent and their address
  • 3-Mailing address
  • 4-Tax closing month
  • 5-Nature of corporation’s business
  • 6-Will the corporation issue stock (y/n) and the number of shares, stock type,class and par value per share(if applicable).
  • 7-Will the conditions of membership be fixed by bylaws (y/n)
  • 8-Name and mailing address of each incorporator
  • 9-Name and mailing address of each director
  • 10-Duration of corporation
  • 11-Effective date
  • 12-Signature of two incorporators and the date of filing

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Step 3- Make a check payable to the Secretary of State which covers the filing fee. Profit corporations will be required to pay $90 while $20 will be asked of non-profit companies. Mail both the articles and the filing fee to the below address and await confirmation from the office of the Secretary of State.

Memorial Hall, 1st Floor

120 S.W. 10th Avenue

Topeka, KS 66612

Tips

EIN – It is mandatory that all new corporations apply for an Employer Identification Number (also referred to as the Federal Employer Identification Number) following their filing with the Secretary of State. This number will allow the Internal Revenue Service to identify you when you file any withheld taxes. Any business without an EIN will find it impossible to forego any kind of financial undertaking while using the company name. You may apply for this identifier two ways; either Online or by using the PDF application of Form SS-4.

Corporate Bylaws– Those wishing to organize their corporation further will find it useful to draft a corporate bylaws detailing the manner in which the business shall be managed and governed. This document will allow for incorporators to underline the power of the board of directors, the number of annual meetings, the capital investment of the shareholders among other vital pieces of information. You will find a free template to use linked in the heading of this paragraph, available for download in both Adobe PDF and Microsoft Word formatting.

Renewal– Each year you will be required to file an annual report updating the office of the Secretary of State of any changes or alternations in the operation of your business. This renewal will cost profit corporations $55 if filing using the PDF format, and $50 if filing online. Non-profits will be required to supply the fee of $40 regardless of the filing method. Those failing to provide their annual report in time will loose the status of good standing and will be restricted in their ability to operate.