How to Start an LLC in Kansas
Here are the 7 steps to start a limited liability company (LLC) in Kansas
For more information on how to form an LLC in any state, see the article How to Form an LLC.
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Learn about Kansas LLC formation, including information on Registered Agents, naming rules, business licenses, and more.
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Creating an LLC in Kansas
A limited liability company (LLC) offers many benefits to small businesses, including liability protection and tax advantages.
In order to form a Kansas LLC, you must file Articles of Organization with the Kansas Department of Financial Institutions, which costs $160-$165.
Online filings: Kansas LLC online filings are approved immediately. There is no additional transit time because you can download your documents as soon as they are approved.
Mail filings: Approval of mail filings for Kansas LLCs takes about 2-3 weeks in total. This includes the processing time of 3-5 business days as well as the time your documents are in the mail.
However, you’ll first need to choose a name and registered agent for your Kansas LLC.
An LLC can be easily formed in Kansas. Our step-by-step guide on How to Start an LLC in Kansas will help you get started today. Find out more about LLCs and their benefits in our What is an LLC guide.
Step 1. Choose a Name for Your LLC Kansas
Creating an LLC in Kansas requires you to choose a business name before you can file a Articles of Organization. Be sure that your business name complies with the Kansas naming requirements and can be searched by potential customers.
- Kansas law requires an LLC name to contain the words “Limited Liability Company” or “Limited Company,” or the abbreviations “Ltd.,” “LLC,” or “LC.” “Limited” may be abbreviated as “Ltd.” or “LTD,” and “Company” as “Co.”
- It is not acceptable for your Kansas LLC to have words associated with a government agency (FBI, Treasury, State Department, etc.).
- You should avoid using words or abbreviations that may make your LLC Kansas appear to be a different type of entity, such as “LP” or “corporation”.
- There may be additional documentation and licensure paperwork required for certain restricted words (bank, lawyer, attorney, credit union, etc.).
- Check the state’s business name database to ensure the name you want is not already taken(including businesses no longer in operation)
See a complete list of Kansas’ naming rules here.
Check URL availability: You are likely to need a web page even if you don’t think you do. Buying your domain name now will at least give you the option of having one in the future. It’s a good idea to check the URL availability before finalizing your Kansas LLC name.
You can reserve a name with the Secretary of State for up to 120 days. By filing a Temporary Reservation of Business Entity Name online or by mail, the reservation can be made (Form NR 52-01). The filing fee is $30 if you file online and $35 if you file by mail.
No, the registration or filing of DBAs or fictitious names is not required or permitted by state law.
Step 2: Appoint Your Registered Agent in Kansas
Your next step in forming an LLC in Kansas is to appoint a Registered Agent, an individual or company authorized to receive legal and state mail on your behalf.
All Kansas LLCs must have a registered agent. Please include your registered agent’s name and address on your Articles of Organization.
Registered Agent Requirements in Kansas
To comply with Kansas law, your LLC’s registered agent must be a resident or business entity that maintains a physical address in Kansas. The “registered address” cannot be a P.O. box. It must be a real physical address that can be visited in person.
Although you do not have to submit this form to the Secretary of State, your business must record it. Learn more about Kansas Registered Agents by reading our full guide.
A resident agent must be a Kansas resident or a corporation authorised to conduct business in Kansas, such as a registered agent service. You have the option of electing someone from your company, including yourself.
You must complete and file a Change of Registered Agent by Corporation or LLC form with the Kansas Office of the Secretary of State to change your registered agent in Kansas. Change of Registered Agent by Corporation or LLC in Kansas must be filed by mail and costs $35 for paper filing and $30 for online filing.
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Wise Business Plans offers a free year of registered agent service when forming an LLC in Kansas.
Step 3.Prepare and File the Articles of Organization
To create a Kansas LLC, you will need to file Articles of Organization with the Secretary of State. You may apply online, by mail, or in person.
There is a $160 filing fee online and $165 by mail. You must send the original and a copy of your certificate if you file by mail.
You will receive a duplicate form back from the state once it receives your documents.
It may take up to 2-3 weeks to process a mailed submission.
If you choose one of our business formation services, we can handle this step for you.
The following information is typically required to create a Articles of Organization:
- Your LLC name and principal place of business.
- Name, address, and signature of the LLC’s registered agent
- Decide whether your Kansas LLC will be member-managed or manager-managed. Indicate the names and addresses of each member and manager.
- The reason for forming the LLC in Kansas.
- Name and address of the LLC’s organizer.
- The effective date of the certificate,
- The person forming the LLC must sign the Certificate.
Foreign LLCs: LLCs that are based in another state but intend to conduct business in Kansas must complete a form called the Qualification of Foreign LLC.
A filing fee of $185 also applies to this form, and you need to attach your state’s certificate of good standing.
Two Ways to File the Articles of Organization
The 1st option is:
File Online with the Secretary of State
The 2nd option is:
Filing the Articles of Organization by Mail
Address to Mail
There is a state filing of $160 Online, $165 By Mail payable to the Kansas Department of State. (nonrefundable)
Kansas Office of the Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612
In a member-managed LLC, the members (owners) take on the business’s daily responsibilities. Manager-managed LLCs are managed by managers who are elected by the members. Those who manage your LLC will have the authority to do a wide range of tasks-from hiring staff to opening bank accounts.
When an LLC conducts business in the state where it was formed, it is referred to as a “domestic LLC.” Normally, when we talk about an LLC, we’re talking about a domestic one. When an existing LLC wants to expand its operations to another state, it must form a foreign LLC.
Step 4. Get a Certificate From the State
Upon filing your Articles of Organization, the secretary of state will review it. As soon as the Articles of Organization is approved, the LLC becomes a legal entity.
By obtaining this certificate, LLCs will be able to obtain an Employer Identification Number (EIN), licenses, and business accounts.
Step 5. Write an Kansas LLC Operating Agreement
An operating agreement is a legally-binding document that sets out how your LLC will operate, from the voting process to mergers.
Operating agreements are not required in Kansas, but they are an essential part of your business.
Written operating agreements are helpful for different reasons, including resolving disputes over financial agreements and other potential litigation.
The LLC declaration can prove that your LLC is a separate entity, which can help preserve your limited liability.
An operating agreement ensures that all business owners are on the same page and reduces the possibility of future conflict.
How should an operating agreement be drafted?
The operating agreement should detail the LLC’s overall business purpose and other important matters, such as how the company will be taxed and how new members will be accepted. Legal agreements can clarify several important concerns, such as:
- Who makes decisions for the company, especially those who decide if partners disagree.
- Who is responsible for different aspects of the business as well as for strategic decisions.
- If a partner leaves the company, what will happen to their ownership interests in the corporation.
- The members and their contributions
- How profits and losses will be divided
- Procedures for admitting new members and removing outgoing members
In Kansas, you can include just about anything in your operating agreement, as long as it doesn’t violate the state law or the Articles of Organization.
Yes, A single-member LLC in Kansas is treated the same as a multi-member LLC for most purposes. In Kansas, the steps to form a single-member LLC are the same as those outlined above.
When it comes to filing a tax return, single-member LLCs have more options.
The operating agreement is not required to be filed with the Kansas Secretary of State because it is an internal document. Your operating agreement should be kept on file at your place of business.
Step 6. Get an EIN for Your Kansas LLC
Basically, an employer identification number (EIN) is a social security number for your LLC in Kansas.
To identify your LLC for tax purposes, the Internal Revenue Service assigns a nine-digit Employer Identification Number (EIN). You can apply for your EIN either by mail or online.
An EIN is used for the following purposes:
- Manage state and federal taxes
- Create a business bank account
- Hire employees
Get an EIN Number in Kansas
Getting an EIN number is easy and free, There are two ways to get an EIN number in Kansas.
The 1st option is:
Apply online for an EIN from the IRS
The 2nd option is:
Get an EIN by Mail or Fax
Address to Mail
Mail to:
Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999
For LLCs that will have employees, an EIN is required. In addition, in order to open a business bank account, most banks require an EIN. Tax identification number issued by the state. A state tax identification number is not required in Kansas.
When you apply for an EIN, you will be informed of the various tax classification options available to you. The default tax status is chosen by the majority of LLCs.
Some LLCs, on the other hand, can reduce their federal tax liability by electing the S corporation (S corp) status.
When switching from a sole proprietorship to an LLC, the IRS requires a new EIN.
Step 7. File Annual Report
Every year, all LLCs doing business in Kansas are required to file an annual report with the Secretary of State. For instance, if the tax year ends in December, the deadline is April 15 of the following year. It is possible to file the annual report as early as January 1st. Fill out the Limited Liability Company Annual Report, Form LC-50. The report can be filed online or by mail.
Fee: The cost is $50. (Nonrefundable)
Due date: Due on the 15th day of the fourth month following the tax closing month for an LLC. If your LLC’s tax closing month is December, for example, your annual report is due by April 15.
Late Filings: If an LLC fails to file an annual report, it will be dissolved within one year.
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What to do After Forming Your Kansas LLC
Keep your personal and business assets separate
Your personal assets (such as your home, car, and other valuables) may be at risk when your Kansas LLC is sued if they are mixed with your business accounts.
Here are some steps you can take to protect your LLC in Kansas:
1. Create a Business Plan:
If you have decided that a Kansas LLC will be a good choice for your business in Kansas, your next step is to create a business plan (although it is not required), so that you have a roadmap for what you will do and how you will accomplish it.
Free: Business Plans Examples
Do you need help creating a business plan? Check out these six free, proven business plan examples from different industries to help you write your own.
2. Open a Bank Account
As soon as your LLC is officially formed, you should open a business bank account. Why? Keeping separate bank accounts will help you maintain the legal distinction between the LLC and you (the owner).
Because LLCs are limited liability companies, creditors and litigants can’t take your assets. It is essential for small business owners to partner with the right bank.
Recommended: Check out our business bank account page to learn which banks offer the best business check accounts, ATM access, interest-bearing accounts, and online and mobile banking options for businesses.
3. Obtaining a business credit card:
- Allows you to separate personal and business expenses.
- Develops your company’s credit history, which can be helpful to raise capital (e.g., small business loans) later.
4. Hiring a business accountant:
- It prevents your business from overpaying taxes while preventing penalties, fines, and other costly tax mistakes.
- Gives you more time to focus on your growing business by simplifying bookkeeping and payroll.
- Manage your business’s funding more effectively. Find out where extra profit or loss can be made
Getting Business Insurance for Your LLC
You can manage risks and grow your LLC with business insurance. Here are the most common types:
- General liability insurance protects your business from lawsuits. Most small businesses purchase general liability coverage.
- Professional liability insurance protects professionals and businesses from claims of negligence from their clients or customers. Liability insurance typically covers negligence, copyright infringement, personal injury, and more.
- Workers’ compensation insurance: Covers illnesses, injuries, and deaths resulting from a worker’s work.
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Let us help you with your business insurance needs.
- General business liability insurance
- Medical insurance
- Term life insurance
- Workers’ Comp
- Surety bonds
- Commercial auto
Create Your Business Website
A website is an important step in legitimizing your Kansas business. It is essential for all businesses in Kansas. You are missing out on a large percentage of potential customers and revenue if you don’t have a website, even if your business is too small or in an offline industry.
More than 90% of consumers begin their search for products and services online. If you don’t have a website that is ready to welcome your customers, then they will simply find your competitors.
Here are the main reasons why you shouldn’t delay building your website:
- Every respectable firm has a website. When it comes to getting your firm online, size or sector isn’t a concern.
- Creating a basic website has never been easier, thanks to website builder tools like the GoDaddy Website Builder. To design a website, you don’t need to hire a web designer or developer.
Recommended: If you want to enhance your conversion rates and maximize revenue in order to help expand your business and meet objectives, you should always hire a professional business website design company to build your business website.
Wise Business Plans is a leading web design company, We have created over 2000 + websites across 20 countries for our clients but we are physically based in 7 major cities in the United States including Alabama web design, Pennsylvania, Las Vegas, Colorado Springs, Iowa, Michigan and San Diego.
Kansas LLC FAQs
The cost of filing the Articles of Organization with the Kansas Secretary of State is $160 online and $165 by mail. The Kansas Secretary of State will reserve your LLC name for $30 if you file online or $35 if you file by mail.
When compared to forming a corporation or running a business as a sole proprietor, forming a Kansas LLC (limited liability company) offers many benefits to business owners. Tax savings and reduced paperwork, increased business flexibility, and access to limited liability protections are just a few of the advantages.
Online filings: Kansas LLC online filings are approved immediately. There is no additional transit time because you can download your documents as soon as they are approved.
Mail filings: Approval of mail filings for Kansas LLCs takes about 2-3 weeks in total. This includes the processing time of 3-5 business days as well as the time your documents are in the mail.
Simply follow these three steps to dissolve an LLC in Kansas:
Step One: Observe the terms of your Kansas LLC operating agreement.
Step Two: Close all of your company’s tax accounts.
Step Three: Articles of Dissolution should be filed.
Yes, Domestic For Profit Corporations, Domestic Not for Profit Corporations, Domestic Limited Liability Companies, Domestic Limited Partnerships, and Domestic Limited Liability Partnerships are the only business entities that can file a name change amendment online.
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