How To Fill Out The Kansas Articles of Organization
When starting a business, figuring out what paperwork to file out can take some time to figure out. One important step to know about when forming a Limited Liability Company in Kansas, is how to fill out the Articles of Organization, which is the document that creates an LLC with the Kansas Secretary of State.
Here, I’ll break down the steps so you can learn how to form an LLC in Kansas yourself.
Steps To Fill Out The Kansas LLC Articles Of Organization
To file, you can either file online with KanAccess Kansas Business Center or download Form DL 51-09.
Zenbusiness and IncFile are running a special where you only pay state fees for your LLC formation!
Let’s go over how to fill out the LLC Articles of Organization in Kansas. To get started, visit the Kansas Secretary of State’s website and create a new account. Next, you will want to select the Kansas Business Center from the dropdown.
Next, select Kansas Business Entity Formation.
After answering a few questions about setting up our account, we are then ready to get started. In this example, we are going to select Kansas Limited Liability Company.
Step 1: Pick a Name for the LLC
Most people will start on the left side of the screen as they have not reserved a name. This isn’t common, but a name can be reserved if someone wanted to start their LLC, but weren’t ready to file for it yet. In this example, we will enter a name in the name not reserved box.
There are a few requirements to be aware of when choosing a Kansas LLC name.
1. The name of your LLC must not be too similar to the name of another business entity already registered with the state of Kansas. You can verify name availability by doing a Kansas business entity search with the Kansas Secretary of State to be sure the LLC name is available.
2. The name of the LLC must include one of the following entity identifiers at the end of the business name:
– Limited Liability Company
– Limited Company
3. There are a variety of words that can’t be used in an LLC name. Some are generally excluded like “Also Known As,” “Doing Business As,” and “Incorporated,” however there are others that require special permission from the state, such as “Bank,” “Insurance,” “Insurance,” and others.
Enter the LLC name, including the identifier, to continue. If you choose a name that is taken, the Secretary of State will not let you move forward.
Step 2: Appoint a Resident Agent
One requirement to have an LLC in Kansas is to appoint a Kansas resident agent. The registered agent is a party that is physically located in the state of Kansas (PO Boxes aren’t allowed) that will receive important notices and service of process (which means to accept papers that start a lawsuit) on behalf of the LLC.
Provided the LLC member lives in the state of Kansas, they may act as the registered agent, or the agent can be an adult resident of the state or registered agent service.
Related: Should you be the registered agent?
You will first select if the Registered Agent is a registered business entity (normally a registered agent service), an individual in Kansas (such as the business owner, LLC member, attorney, etc.), or the business entity you are currently forming.
Step 3: Select a Mailing Address
The next step is optional, and you are able to add a mailing address should you prefer to have the Secretary of State send mail somewhere other than the registered office.
This address can be a PO Box and can also be out of state.
Step 4: Select the LLC Organizer
Next, enter the name and mailing address of the LLC organizer(s) who are forming the entity. This can be an individual such as an LLC member or attorney, or a business, such as an LLC formation service.
Step 5: Review
In Step 5, review the submitted information to ensure it is correct. If the information looks fine, click continue to go to the final screen.
Step 6: Sign and Date the Articles of Organization
In the last steps, a person the LLC organizer will review the information and sign the document.
Then make the payment to the Kansas Secretary of State to file the Articles of Organization
Kansas LLC FAQs
How much does it cost to form an LLC in Kansas?
The filing fee to form a Kansas LLC online with the Secretary of State is $160.
How long does it take Kansas to form an LLC?
Kansas LLCs filed online are normally filed immediately, while those filed by mail typically take 3-5 business days
When is a resident agent required in Kansas?
All Kansas corporations and LLCs are required to have and maintain a registered agent.
The registered agent is a party that is physically located in the state of Kansas that will receive important notices and service of process (which means to accept papers that start a lawsuit) on behalf of the LLC.
Related: Who can be a Kansas registered agent?
Should I use an LLC formation service or do it myself?
Two of my top formation companies have a special offer where you can get your LLC formed without paying any additional fees (state fees still apply). Check out Zenbusiness and IncFile to learn more.
Does Kansas require an LLC to have an operating agreement?
Under Kansas law, statute § 76-7672, a Kansas LLC operating agreement is optional. Despite the Operating Agreement not being required, it is recommended to have one as it can help to prevent disputes among members and protect the LLC’s legal status.
What business licenses are needed in Kansas?
The requirements for business licenses and registrations in Kansas vary depending on what the business does and where it’s located.
Here is a list of common business licenses in Kansas.
Do you need an EIN for an LLC in Kansas?
Only Kansas LLCs that either have more than one member, will hire employees, or elect to be taxed as a partnership or corporation are required to get an Employer Identification Number (EIN).
The EIN or Employer Identification Number (also called a Federal Employer Identification Number or FEIN) is a unique 9-digit tax identification number that is assigned by the Internal Revenue Service (IRS).
If the LLC isn’t required to get an EIN (though you can still get one), the LLC will use the social security number of the business owner.
Related: How to Apply for an EIN