When is a Resident Agent Required in Kansas?
Before forming your Kansas corporation, Limited Liability Company (LLC), Limited Liability Partnership (LLP), or Limited Partnership (LP), you will need to select a resident agent.
A resident agent (also referred to as a registered agent or statutory agent in some states) is a person or company that is designated to be the official point of contact between the government and your business entity.
Kansas Resident Agent Duties
The primary responsibility of a resident agent in Kansas is to accept important legal notices and tax documents and then forward them to the appropriate person in the business.
The agent must generally be available during normal business hours to forward any service of process, notice, or demand pertaining to the entity to the appropriate individuals.
What happens if you don’t have a resident agent?
Not only is a resident agent required when forming an LLC or corporation, but you must maintain a resident agent to keep the entity in compliance. Besides the requirement of designating a resident agent at the time of formation, there are several reasons to have one:
- Not Receiving Legal Notices – If the listed resident agent cannot receive legal notices, this lawsuit will still proceed. If a process server is unsuccessful in reaching the company’s resident agent, the court can proceed with the case. This could result in a judgment being placed against the business without the owners knowing.
- Administrative Dissolution – In Kansas, if the business doesn’t have a resident agent, the Kansas Secretary of State can dissolve the entity.
- Penalties and Fees – By not maintaining a current resident agent, penalties and state fees can be levied against the entity and, in some cases, the owners too. Once an entity is no longer in good standing with the state, the owners may lose their liability protection and are at risk personally.
Common Questions About Kansas Resident Agents
What are the requirements for a Kansas resident agent?
A resident agent in Kansas can be any resident of the state who is 18 years or older, a registered Kansas domestic business entity, or a foreign business entity authorized to do business in the state. An entity may not be its own agent.
The resident agent needs to have a physical street address (often referred to as a registered office or principal office) in the state of Kansas. This can be your home address, the address of a family member, an accountant or attorney, the address of the business, or a professional resident agent service. Any physical address in the state may be used, but PO Boxes and mail drop services are not acceptable since someone has to be available to sign for documents.
The agent will also need to be available to receive Service of Process on behalf of the business during normal business hours. Service of process refers to the delivery of legal documents, often a summons, subpoena, or lawsuit filed against a business entity.
Does Kansas require a registered agent?
All Kansas corporations, LLCs, LLPs, and LPs are required to appoint a resident agent under Kansas Statutes 17-7666 (LLC) and 17-6202 (corporation), which mandate that registered entities will have and continuously maintain a resident agent and registered office within the state.
Sole proprietorships and general partnerships do not need a resident agent.
How is a resident agent appointed in Kansas?
A resident agent is first made in the entity formation documents (Articles of Organization or Articles of Incorporation) but can be changed at any time.
Can a resident agent be changed in Kansas?
If the resident agent changes, the entity is required to file a change of resident agent.
A resident agent can be changed by submitting the Change of Resident Agent Name and/or Registered Office Address by Resident Agent form along with the filing fee to the Kansas Secretary of State.
If your entity uses an operating agreement (LLC) or bylaws (corporation), be sure to update them with the new resident agent’s information.
Can you be your own resident agent in Kansas?
Yes! Any individual, business owner, LLC member, officer, director, etc., of a Kansas business entity that meets the state resident agent requirements can be a resident agent.
Even though the owner can be the entity’s resident agent there are several reasons people pay for a resident agent service. A few reasons include:
Privacy – The address of the resident agent becomes public record and is available for anybody to see. This can be especially concerning if someone is doing business on the side, and they don’t want their employer to know about the business. Also, if the business is sued, the notice will be delivered to the address on file. This could mean employees, customers, or even neighbors witnessing the event. There is also the remote possibility of a vindictive litigant or upset customer showing up at your house.
Availability – Kansas requires the resident agent to be available at the principal address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
If the Business Expands to Additional Locations – If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states. A resident agent will need to be appointed with a physical address in each state.
Due Date Reminders – Resident agent services provide annual report reminders and updates on any state requirements.
How much does a registered agent cost in Kansas?
Depending on the services provided, a commercial registered agent service typically costs between $100-$150 per year. Northwest Registered Agent is a popular service that charges $125 per year and offers several extras such as document scanning and mail forwarding and Harbor Compliance has a basic service starting at $99.
Some entity formation companies, like IncFile, includes registered agent service at no cost for the first year when you register your corporation or LLC with them.