Whether you are wishing to form a business within the state borders (domestic), or you are a functioning LLC seeking approval to expand your business to Kansas (foreign), this tutorial has got you covered. It is mandatory that all registrations be completed and submitted in accordance with Kansas state statutes, specifically 17-7673 and 17-76,121. Domestic filers will enjoy the convenience of the online filing option on the government website. For foreign businesses, and those less technologically inclined domestic organizers, a PDF of the application can be downloaded and mailed to the office of the Secretary of State. It should be noted that all foreign entities will need to prove their legitimacy by attaching to their application, a certificate of good standing issued in their State/Country of original formation.
How to File
Step 1- Those creating a new company will need to begin the process of filing by selecting a name which accurately describes the nature of the business. Once this has been completed, foreign and domestic filers alike would be wise to perform a Business Entity Search of the Secretary of State online database to assure themselves that their name is unique within the state. If this is not the case, you will need to use an alternative name for the entirety of your term in Kansas. A Name Reservation is an especially useful filing for foreign business owners who would like the prevent other businesses from registering under their company name. This reservation lasts for a total of 120 days prior to your own registration.
Step 2- Once you’ve got the business of reserving and verifying your name out of the way, you can proceed to the Kansas Business Center website to file online. You can find a brief tutorial on how to register for an account and log in here. Alternatively, you can download the PDF applications here on our site. Click on either one of our tutorials below to gain more info.
Step 3- Once you’ve entered all your company information into the fields of the forms, you will be required to pay the filing fee. All paper applications will be charged $165 while domestic online filers will enjoy a the reduced price of $160. Fees can be paid online by credit card or e-check, or through the mail by check or money order.
Step 4- Attach all forms and fees together and mail them to the below address to finish your filing. Those opting for the online filing will have completed the filing with the payment of the filing fee.
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612
EIN – An Employer Identification Number is used by the Internal Revenue Service to process businesses reporting their withheld taxes. This number is often used as a replacement for a SSN and will be required of you if you wish to open bank accounts using the company name, or perform an other level of financial transaction. The sole exception to this rule is if you are a single member LLC that does not plan on hiring employees. The acquisition of an EIN can be accomplished Online or through the PDF application Form SS-4. Neither process will require the payment of a filing fee and both can be completed in just a few minutes.
Operating Agreement– It is highly recommended that organizers of limited liability companies draft a set of bylaws under which the employees and members of their company will be required to operate. Without this internal document, you will have no legal reference of the rules and regulations of your business. Although this is not legally required, it is an integral component of the organization and smooth running of your business entity. Take a moment to go over the agreements found linked in the heading of this paragraph, you will find that they’re downloadable in both Adobe PDF and MS Word formatting.
Renewal– Both foreign and domestic entities will be asked to file an annual report each year to renew with the Secretary of State. This document’s purpose is to update the office with any changes which may have occurred over the previous year such as the replacement of a registered agent, the relocation of the principle office or the hiring or firing of a manager/member. The filing fee will total $50 if you submit the document online or $55 if you choose the paper filing method.