How to Form an LLC in Kansas
Kansas Secretary of State—Business Filing Center
Memorial Hall—First Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
Statutory Authority: Kansas Revised Limited Liability Company Act — Kan. Stat. § 17-76 (2013)
Kansas LLC General Filing Instructions
1. Confirm availability of company name and reserve if necessary.
2. Complete the “Kansas Limited Liability Company Articles of Organization.”
3. Prepare a Letter of Transmittal.
4. Submit the completed documents, a photocopy of each, and filing fees to the Kansas Secretary of State.
Kansas Articles of Organization
The following information is legally necessary and sufficient to form a limited liability company in Kansas:
1. Company name
2. Resident agent name and registered office address
3. Company mailing address
4. Effective date
5. Organizer signature
Kansas LLC Fee Schedule
Temporary Reservation of Business Entity Name: $35.00
Kansas Limited Liability Company Articles of Organization: $165.00
Foreign Limited Liability Company Application: $165.00
Fax Filing Fee: $20.00
Annual Report: $55.00
Limited Liability Company Certificate of Cancellation: $35.00
Your company name must end with a limited liability company designator. In Kansas the specific limited liability company designators are: “Limited Liability Company” “Limited Company” “L.L.C.” “LLC” “L.C.” “LC”
Conduct an entity name search on the Kansas Secretary of State website to confirm the availability of your company name.
If the name you want is available you can reserve it for 120 days by filing a “Temporary Reservation of Business Entity Name” and paying a name reservation fee of $35.00. NOTE: Reserving your company name is optional.
The registered agent maintains a physical presence in the state to accept service of process, annual report notices, and other communications directed to the company and to forward the same to the company to which the service, notice, or communication is directed.
Kansas requires that every business entity have and maintain a registered agent in the state. The registered agent may be either a Kansas resident or active Kansas business entity that has a Kansas street address and consents to accept legal papers on your company’s behalf. Post office boxes and commercial personal mailboxes are not acceptable.
NOTE: Your company should not serve as its own registered agent. You can, however, personally serve as registered agent provided you are a Kansas resident and have a Kansas street address.
The state provided forms ask for and specify what is legally sufficient and necessary to form a Kansas limited liability company. Nevertheless, Kansas permits you to add other provisions to your Articles of Organization as an attachment.
The most common optional provisions are the following:
☐ Management of a limited liability company by designated managers
☐ Appointment of managers by a designated member or group
☐ Indemnification of members
☐ Indemnification of managers
☐ Right to admit new members
☐ Right to continue upon dissolution of dissociation
Post Formation and Ongoing Compliance
1. Draft and adopt an operating agreement.
2. Obtain a federal employer identification number by completing IRS Form SS-4.
3. If electing alternative tax entity filing status complete IRS Form 8832.
4. Open company bank account.
5. Create and maintain company records book.
6. File an Annual Report.
Registering as a Foreign Entity
1. Complete the “Foreign Limited Liability Company Application.”
2. Attach an original certificate of good standing or existence, issued within 90 days of filing the application, from the state of incorporation.
3. Submit the completed documents, along with the $165.00 filing fee, to the Kansas Secretary of State.
Dissolving a Kansas LLC
1. Complete the “Limited Liability Company Certificate of Cancellation.”
2. If this form is filed after the close of the entity’s tax year, the annual report and fee must be submitted along with or before cancellation.
3. Submitted the completed document, along with the filing fee, to the Kansas Secretary of State.