Legal

How to form an LLC in Kansas

Update: January 16, 2023

By: Tom Macken

Start an LLC in Kansas how to

The Sunflower State. Barbecues. Oil and the Wizard of Oz. Kansas is known for many things including the rugged Flint Hills. 

How do you start an LLC in Kansas? Next steps? The price? Below are the processes, prices, and documents necessary for Kansas companies.


Summary


1. Name Your Kansas LLC
2. Select a Kansas Registered Agent
3. File the Articles of Organization
4. Receive a Certificate From the State
5. Create an Operating Agreement
6. Obtain an Employer Identification Number (EIN)
7. File Annual Renewals
Costs and Next Steps
FAQs

In addition to its many other advantages, a limited liability corporation (LLC) provides small enterprises with protection from legal responsibility and favorable tax treatment. Follow these easy steps to get your limited liability company (LLC) up and going in Kansas if you’ve decided that an LLC is the most suitable corporate structure for your requirements.

Note that you have the option of forming the limited liability company (LLC) yourself, or you may work with a reputable company formation agency to do all of the legwork on your behalf.

1. Title Your Kansas LLC

You will need to think of a name for your limited liability company (LLC) before you can register it. Because of the importance of branding, the name you choose for your company has to be memorable while still meeting the requirements of the law.

Make sure your name matches Kansas guidelines:

  • It may be written as limited liability company, limited company, limited liability company, LLC, or L.L.C.
  • It does not incorporate any prohibited terms or phrases without prior authorization (words like “bank,” “attorney,” and “university” are common examples of these).
  • It is distinct from any other business or organization that has a trade name registered in the state of Kansas.

The next step is to check with the Kansas Secretary of State to see whether the name you want to use for your limited liability company is available in Kansas.

When you submit your articles of organization to the Secretary of State, you will have the opportunity to register your business name if it is not already used and if it conforms to the requirements.

2. Choose a registered agent in the state of Kansas

A registered agent in Kansas is required of every limited liability company operating in the state. If the limited liability company (LLC) is taken to court, this refers to a person or company that has agreed to accept service of process on its behalf.

The Registered Agent might either be a resident of Kansas or a business entity that is permitted to conduct operations in the state. The Registered Agent is required to provide evidence of a Kansas street address where they may be reached.

What exactly is the role of a Registered Agent?

A Registered Agent is a person or business entity that is responsible for receiving important tax forms, legal documents, notice of lawsuits, and official correspondence from the government in your company’s name. This can include tax forms, legal documents, notice of lawsuits, and official correspondence. Consider the role of your registered agent as that of the point of contact for your company with the state.

Who can act as your Registered Agent?

In the state of Kansas, a Registered Agent must either be an individual who resides there permanently or a business that is legally permitted to operate inside the state’s borders, such as a company that offers Registered Agent services. You have the option of selecting anybody who works for the organization, including yourself.

3. Publish your company’s articles of incorporation.

Your limited liability company (LLC) will be formally recognized after you have a document called the Articles of Organization that lays forth fundamental information about your business. Because this form serves as the legal registration for your company with the state, it is essential that all of the details be accurate.

What should be included in a company’s Articles of Organization?

When completing the Articles of Organization for your Kansas LLC, you are required to give the following information:

  • LLC’s name
  • if the term of the LLC is permanent or restricted.
  • Address of the main office of the limited liability company Name and address of the registered agent for the limited liability company
  • Location where the Secretary of State should send notifications to the limited liability company (LLC) through mail.
  • How the Limited Liability Company (LLC) will be run: by its members or by its managers
  • Whether or whether the limited liability company will provide professional services
  • Name and address of each person who organized the limited liability company, as well as the name and address of at least one member or management who has direct knowledge of the activities of the limited liability company.

Submission of Your Organization’s Articles of Incorporation

Whenever you believe that the necessary documentation for your Articles of Organization is ready to be sent, send in the documents. The fee to register a paper version is approximately $165, and you have to settle the bill via a check or a money transfer; payments made in cash are not accepted. A processing fee of $25 will be added to the total cost of any checks which are rejected by your banking institution.

Foreign limited liability companies are required to make an extra payment of $165 and submit their information separately. The aforementioned process may also be completed online for a domestic LLC for a cost of $160. Access to the online system is denied to any structures that originate from another country.

4. Obtain a Certificate From the Government of Your State

After the formation paperwork of the LLC has been submitted and authorized, the state will issue you a certificate that proves the LLC officially exists. If you request a copy and pay appropriate postage, the state will mail you the certificate.

With this certificate, the limited liability company will be able to get an Employer Identification Number (EIN), as well as business permits and business bank accounts such as Bluevine or Novo.

5. Draw up a Contract for Business Operations

Even while establishing a detailed LLC operating agreement is not a legally required step for founding a limited liability company in Kansas, it is highly suggested for all new limited liability firms to do so.

The following items should be included in the operating agreement:

  • Describe the business structure of the limited liability company.
  • Determine the specific duties and commitments that each member of the limited liability company (LLC) has, and lay out the operational structure of the LLC.
  • Significant legal and logistical challenges might await a limited liability company (LLC) in the absence of an operating agreement that defines the precise responsibilities of its members.

6. Obtain a number that identifies you as an employer (EIN)

Many limited liability companies (LLCs) are required to get a Federal Employer ID no. (FEIN), which is also known as a tax ID number. An Employer Identification Number (EIN) is a nine-digit number that identifies your company to the Internal Revenue Service. You require an EIN in order to pay federal employer taxes, open a bank account (in most situations), or recruit staff.

On the website of the Internal Revenue Service (IRS), which is accessible without charge, you may check to see whether you require an EIN and submit an application for one. The vast majority of companies are required to have an EIN, but single-member limited liability companies (LLCs) are an important exemption since they just need to register under the owner’s social security number.

Business Licenses

Depending on the kind of company they do and where they are located in Kansas, limited liability companies (LLCs) may be needed to get one or more business licenses, permits, or certificates issued by the state or by their respective municipal governments.

If you go to the website for the Kansas Business Center, you will discover a wealth of information on the state’s criteria for obtaining a business license. Talk to a city clerk in the town or county where your limited liability company’s headquarters are located to learn about the local licensing rules that apply to your business.

Contact a municipal or county clerk in the city or county where your limited liability company (LLC) is based to get information on the local licensing requirements.

7. File Annual Renewals

Annual reports must be filed with the Secretary of State by all limited liability companies (LLCs) operating in Kansas, including those that were founded inside the state as well as overseas LLCs that do business within the state.

The report has to be submitted by the 15th day of the fourth month after the conclusion of an LLC’s tax year (given that an LLC’s tax year often comes to a close in December, the 15th of April is typically the due date for annual reports).

Annual reports may be submitted either electronically or by regular mail. The filing fee for documents submitted online is $50, while the charge for documents submitted by mail is $55.

What are the costs and the next step?

Costs

You will be required to pay a fee of $165 to the Kansas Secretary of State when you file the Articles of Organization with their office. If you choose to submit your papers with the Kansas State Secretary online, you will be charged a fee of $30; however, if you choose to mail in your paperwork, you will be charged a fee of $35.

Consider the following additional fees that may be incurred by an LLC:

  • Reserving a Name for an LLC
  • Copy of certified documents with the DBA (Doing Business As) name
  • Next Steps After Receiving Your Certificate of Existence
  • When you register a limited liability company (LLC), you establish a legal basis upon which to operate your firm. Companies should make it a priority to maintain their limited liability company in compliance with state regulations and in an active position on the state’s website.

In addition, having a registered LLC enables you to perform the following:

  • Obtain any permissions or licenses that are required to run your business, such as those issued by the health department, the zoning department, the department of home occupations, the department of professional licensing, and so on. Some states need a seller’s permission to conduct sales
  • Register your company with the department of revenue in your state.
  • Create a bank account for your company.
  • Create a credit card account for your company.
  • Invest in insurance coverage for your company.
  • Create a trademark to protect both your company’s name and its logo.
  • Do it yourself or use a professional agency to establish a limited liability company?
  • To establish a limited liability company (LLC), you are not required by law to consult a lawyer. The majority of states enable the establishment of LLCs via the process of registering the business entity on the website of the secretary of state and with the Internal Revenue Service (IRS).

If you are not acquainted with the process of forming an LLC, your best bet may be to get in touch with a professional LLC formation service so that you can be certain that the creation will go smoothly and quickly.

When entrepreneurs start a new firm, they may save startup costs and save valuable time by using a professional agency that specializes in company forms. They can take care of the things that you may not have time to think about for a price ranging from $50 to over $500, and some examples of such things are as follows:

  • Developing an operating agreement for an LLC that details your company’s who, what, when, where, why, and how, and putting it into writing (required in some states).
  • putting together articles of incorporation that identify the management of the LLC, the registration agent, and the date the company was formed.
  • Taking up the role of registered agent for your firm.
  • Keeping careful records in the event that there are investigations or litigation.
  • payment of filing fees and registration with the appropriate parties.
  • registering the name of your firm and ensuring that the name you choose for your limited liability company is accessible.
  • finishing up and turning in all of the necessary legal and formation documentation.

FAQs

How much will it cost to form an LLC in the state of Kansas?

The filing of the Articles of Organization for a limited liability company in Kansas costs $165, and it costs an additional $30 to reserve your LLC’s name online with the Kansas Secretary of State.

Do Kansas LLCs pay taxes?

Only the members of a Kansas LLC are responsible for paying income taxes; the LLC itself does not. However, Kansas is not one of these states, and its franchise tax was recently abolished, therefore there is no special tax or charge that limited liability companies (LLCs) are required to pay in order to do business inside the state.

How do I go about forming a limited liability company in the state of Kansas?

You will need the registration cost, a name for your limited liability company (LLC), a Registered Agent, Articles of Organization, an Operating Agreement, and an EIN number from the Internal Revenue Service in order to create an LLC in the state of Kansas.


Editorial Manager

Tom is the founder of Gottagrow.io. He reads the offers, deciphers the details including features, pricing, included services and more to find you the best products and services.

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