How to Start an LLC in Kansas

A Kansas LLC is one of the most simple, cost-effective, and quick business structures to form. Even so, navigating the formation process can seem daunting without clear guidance and an actionable plan.

In this How to Start an LLC in Kansas guide, we’ll break down everything you need to know to form your LLC, from the steps you’ll need to take to get started to maintaining your structure.

Kansas LLC

In order to form an LLC in Kansas, you’ll need to complete the following steps:

1. Name Your Kansas LLC
2. Pick a Kansas Resident Agent
3. Submit Your Articles of Organization
4. Create a Kansas LLC Operating Agreement
5. Get an EIN
6. File Your BOI Report

In the sections below, we’ve broken down each of these steps in more detail.

Step 1: Name Your Kansas LLC

The first thing you’ll need to do before getting started is picking the right name for your LLC. This is important because your business’s name will need to represent your brand accurately, as well as be as memorable as possible.

In Kansas, all LLC names need to abide by the following statutory guidelines in order to be accepted by the Secretary of State:

• Must either contain the term “limited liability company”, or one of its abbreviations (e.g., “L.L.C.”, “LLC”, “L.C.”, or “LC”)
• Must be unique to all current registered and reserved names of any business entities on the Office of the Secretary of State’s records (including limited liability partnerships and corporations, among others)
• A name that is non-distinguishable can be registered by a new filing entity if it can provide the Office of the Secretary of the State with one of the following:
• The explicit written consent of the business entity in Kansas that is currently using it
• A certified copy of the final court judgment granting a new filing entity the right to use the proposed name
• Must not state or imply a connection between the business entity and a branch of government (e.g., by using words such as “State Department”, “Treasury”, or “FBI”)

If you’re looking for more legal guidance regarding these naming requirements, you can find them broken down in even greater detail in Kansas Statutes Annotated § 17-7918.

Keep in mind that even though picking an LLC name in itself has no cost, there are certain fees that can be associated with the overall process.

Reserve an LLC Name

If you’re not yet ready to launch your business and still need a little more time, you can choose to reserve your desired LLC name for later by mailing a Temporary Reservation of NR Business Entity Name form to the Secretary of State ($35 fee).

This will keep anyone from being able to take the name you plan to use for 120 days. Keep in mind that, unlike many states, you will not be able to renew this reservation before the current one has expired.

Note: You’ll need to make sure the name you plan to reserve isn’t already being used by another entity within Kansas by performing a Business Entity Name Search on the Secretary of State’s website beforehand.

Register a DBA Name

Another potential cost associated with naming your LLC is a “doing business as” (or DBA) name. This is essentially a nickname that you can choose to register for your business to operate under — particularly if you’re not content with your LLC’s legal name.

It’s worth mentioning that while there are no state-level requirements (or formal proceedings) for businesses to register any DBA names they choose to operate under, this may differ at a county level.

If you want to find out more about the regulations regarding DBA names in your area, getting in touch with your local county clerk’s office is always a good place to start.

Even if there are no formal requirements, it’s still recommended that you choose a DBA name that’s unique (to the best of your knowledge) to all registered and DBA names in Kansas so that you’re better able to build your brand identity without confusion, as well in order to obtain a corresponding domain name for your business website.

Buy a Domain Name

Finally, you’ll want to focus on securing a good domain name (which is your website’s address) for your business. For this, try to focus on choosing one that’s easy for customers to remember, relevant to your business, and accurately reflects your brand.

After confirming the domain name you want to use is actually available, you can purchase it through a trusted registrar.

Step 2: Pick a Resident Agent

The next step you’ll need to take toward forming your LLC is to pick a resident agent — which is also commonly referred to as a registered agent in many other states.

This is an individual or business entity that accepts legal correspondence on behalf of your business, such as service of process, notice of lawsuits, and official government communications; you’re required to continuously maintain one as long as your LLC is active.

Your registered agent can be an individual or business entity, but will need to satisfy the following requirements under Kansas Statutes Annotated § 17-7925:

• If a domestic entity, must have a business office and registered office with the same address and be available frequently enough to be able to accept service of process
• If a foreign entity, must have been granted permission to conduct business in Kansas
• All registered agents must have a physical address located within Kansas (this cannot be a PO box)

Be aware that if the resident agent you select for your LLC is a business entity, you’ll need to use this entity’s legal name when filling out your Articles of Organization (see next step).

Note: You can choose to act as your own registered agent if you’re looking to save money, though we don’t typically recommend this as you’re much more likely to suffer fines and penalties due to non-compliance than if you just hire a professional service.

On top of this, you’ll lose any anonymity your LLC would have given you since your name, address, and contact information will be publicly available.

Note: To have a look at some of our other top recommendations, you can also check out our Best Registered Agent Service of 2024 guide.

Step 3: Submit Your Articles of Organization

In Kansas, the Articles of Organization is the filing document that you’ll need to submit with the Secretary of State in order to officially register your LLC (this is also referred to as the Certificate of Formation in other states).

It costs the same amount to file this document ($165) regardless of whether you’re filing for a domestic or foreign entity. However, domestic entities are also able to submit filings online, which cost $160 instead.

To complete your Articles of Organization, you’ll need to have the following information available:

• The date that you want your LLC’s formation to become effective (if different from the filing date)
• The legal name your LLC plans to use
• Your resident agent’s name and Kansas address
• The LLC’s mailing address (i.e., where you’d like to receive official correspondence)
• Your fiscal year-end month (December by default)
• An authorized person’s signature

There are two main ways of filing your Articles of Organization with the Kansas Secretary of State, which we’ve broken down in the sections below.

Online Filings

The quickest way to submit your Articles of Organization is online through the Office of the Secretary of State website, as filings are typically processed immediately.

Be aware that this filing option is not available to foreign LLCs (i.e., those formed outside of Kansas), which will be required to submit their formation documents with the Secretary of State by mail instead.

Mail Filings

If filing your LLC formation documents by mail, you’ll need to print out and complete either the Articles of Organization (domestic entities) or an Application for Registration (foreign entities).

Once this is done, the next step is to file the completed form to the following address, alongside a check/money order for a $165 filing fee:

Kansas Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka KS 66612

Note: Any document you file by the Office of the Secretary of State will be published online and be publicly accessible.

Step 4: Create a Kansas LLC Operating Agreement

Once this is completed, the next step you’ll need to take is to create an operating agreement.

This is an internal document that clearly outlines the ownership and management structure of your company in order to reduce potential future conflict.

While this document isn’t legally mandated in Kansas, all LLCs are recommended to have one as it can help maintain both: smooth operations and your LLC’s corporate veil.

A number of companies provide drafting services for operating agreements online, typically for a fee of around a few hundred dollars. However, it’s quite easy to sort this out by yourself if you want to save money, and you can even find a number of free templates online to help with this.

Step 5: Get an EIN

Even though it’s not a legal requirement (unless your LLC has employees or multiple members), all Kansas LLCs should apply for an Employer Identification Number (EIN).

This is a free, nine-digit number used by the IRS to identify your business and keep track of its tax reporting — much like a Social Security Number (SSN) for individuals.

You’ll need an EIN to be able to:

• Hire employees
• Open a business bank account
• Apply for some business licenses/permits
• Establish a line of credit

On top of this, using an EIN instead of a Social Security Number (SSN) helps to protect your personal information and safeguard your anonymity as the business owner of your LLC.

You can quickly apply for an EIN for your LLC online through the IRS website. You’re also able to submit a paper application using Form SS-4 either via fax to (855) 641-6935, or by mailing it to the following address:

Internal Revenue Service
Attn: EIN Operation
Cincinnati, OH 45999

Note: Don’t worry if you don’t already have an SSN, it’s not necessary to have one in order to apply for an EIN — instead, you can just leave Section 7b of the application blank and call the IRS on (267) 941-1099.

Step 6: File a BOI Report

Starting January 2024, the vast majority of LLC owners will be required to file a Beneficial Ownership Information (BOI) Report with the US Financial Crimes Enforcement Network (FinCEN).

This is part of an initiative by the U.S. government to stop individuals and entities engaging in illegal or unethical activities from being able to conceal this using “opaque ownership structures”, like shell companies, to hide their true identities.

Existing LLCs will be able to file this report anytime between January 1, 2024, and January 1, 2025, while new LLCs will have up to 90 days after the date they were initially formed to do so (30 days for LLCs formed after the start of 2025).

Keep in mind that failure to file your LLC’s BOI report on time can result in exorbitantly high fines (i.e., $591 per day) or even jail time (up to two years).

Note: Not every LLC owner is required to file a BOI report. For example, companies with more than 20 full-time employees, accounting firms, and banks are exempt. For legal counsel regarding its filing exemptions, you can have a look at FinCEN’s website.

How to Maintain Your Kansas LLC

In order to keep operating legally in the state of Kansas, you’ll need to file an biennial information report with the Secretary of State every two years.

Don’t worry if you’re not sure how to complete each of these steps, as we’ve detailed all the information you’ll need to know in the sections below.

File a Biennial Information Report

All LLCs based in Kansas must submit a biennial information report (which used to be an annual report) to the Secretary of State in order to remain in good standing every two years.

This report, which is designed to keep the state’s records current with an LLC’s key details, can either be submitted online for $100, or by mail for $110.

For LLCs operating on a calendar year tax period, this report is due by April 15th. However, for LLCs operating on a non-calendar year tax period, it’s due by the 15th day of the fourth month following the end of their tax period instead.

Note: Failure to meet these deadlines results in the LLC being labeled as “delinquent” — which risks the loss of the business’s legal status if it fails to rectify the situation within 90 days of the due date.

Kansas vs Other States

Kansas presents a compelling case when it comes to choosing a location to form a business, largely thanks to its strong transportation network, diverse industry base, and significant business growth incentives for startups.

Furthermore, Kansas is particularly attractive to new startups due to its State Small Business Credit Initiative, which can grant up to $500,000 in funding to qualifying businesses.

New businesses that are formed within one of the many Foreign Trade Zones (FTZs) in Kansas are also able to take advantage of a number of additional benefits, including an exemption from US excise or duty tax and the ability to dump waste without duty.

Despite these advantages, forming a business in Kansas does have its challenges. Most notably, the processing time and effort required to establish a company can be considerable — especially for certain business types (e.g., foreign LLCs), which are limited to slower filing methods.

Regardless, keep in mind that the best state to form your LLC is almost always the state that you will be operating in; this is because otherwise you’ll likely be required to register as a foreign LLC in your home state, meaning that you’ll need to pay registration and maintenance fees twice.

Kansas Secretary of State Contact Information

Mailing Address:
Business & Commercial Section
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612

Physical Address:
120 SW 10th Ave #1
Topeka, KS 66612
Monday – Friday, 8 a.m. – 5 p.m.

Contact Information:

Email: kssos@ks.gov
Phone: (785) 296-4564