Welcome to the Start a Business guide covering the formation of new limited liability companies in Kansas. Domestic filers will enjoy the luxury of filing online through an account with the Kansas Business Center. Those who wish to take the more traditional paper route will be able to navigate to the website and download the PDF of the Articles of Organization to be mailed, once completed, to the office of the Secretary of State. The filing fees differ slightly between filing methods, with the online filing option asking $160 and the paper filing costing $165. It should be noted that all forms should be filled and submitted in accordance with KS Stat § 17-7673 (2014).
In accordance with state law, the chosen LLC name must be distinguishable from all other entity names registered and active in Kansas. To verify whether this is the case, perform a Business Entity Search. You may also file for a Name Reservation which will last a total of 120 days and cost a total of $10 (if filing online).
How to File (Online)
Step 1- Filing online requires that you have an account with the Kansas Business Center and that you’ve already logged onto said account. If you’ve experienced any difficulty in the account registration procedure, we’ve created a tutorial to walk you through it here. Assuming that you’ve successfully logged into your account, navigate to this webpage and select the Kansas Limited Liability Company option.
Step 2- If you’ve already reserved your business name, you can enter in the name in one of the two windows on the right and click Continue. If this is not the case, use the singular window on the far left. The following page will let you know whether the name is permitted or not.
Step 3- The next step will involve selecting the type of registered agent and then providing their information on the subsequent page.
Step 5- At this point, you will need to submit all the organizers of your LLC. In the drop down menu, choose the organizer type, on the following page enter their information and, when you have successfully included all members, your page should look similar to the third window below. Once you’ve verified that all the information is correct, select Continue.
Step 6- At this juncture you will be able to review and edit any of the information you’ve entered into the form by clicking Show Preview.
Step 7- The final section of the online filing process will ask for your email address and the signature of all organizers.
Step 8- Click Continue to Checkout and enter in your credit card information to finish the filing.
Step 1- You’re going to want to start by downloading the PDF of the Articles of Organization.
Step 2- Once you have the form open in your PDF viewer, you will be able to submit the following information into the second page of the document:
- 1-Name of LLC
- 2-Name and address of registered agent
- 3-Mailing address of principle office
- 4-The tax closing month
- 5-Effective date of LLC
- 6-Your signature and the date
Step 3- Providing that you’ve finished the form, you may print it off and attach with it a check or money order made payable to the Kansas Secretary of State for the total of $165. Mail all items to the below address and await correspondence from the Secretary of State office.
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612
EIN – The Employer Identification Number is often referred to as the Federal Employer Identification Number and is used by Internal Revenue Services to process businesses that have to pay withholding taxes on their employees. Without this piece of identification, you will not be able to perform some of the most essential financial maneuvers such as opening bank accounts in the company name or applying for business loans. To gain access to an EIN, you can review our tutorials on the Online and the PDF application of Form SS-4.
Operating Agreement– Any organizers that take the management of their company seriously should draft a set of bylaws under which the members of the LLC shall be required to operate. This document is called an operating agreement for LLCs and a free template for one can be found in the webpage found linked in the heading of this paragraph. This document is not a legally required filing in Kansas as it will serve strictly as an internal agreement to be filed by all managing members of your company.
Renewal-All businesses in Kansas will be required to renew their business each year through the filing of an annual report. This document will update the Secretary of State on any internal changes which may have occurred over the previous 12 months. The process can be executed online or through the mail, the sole difference being that in using the Secretary of State website you’ll only be charged $50 as opposed to $55. To remain in good standing with the State, it is essential that you submit this document in the given time frame.