How To Form an LLC In Kansas
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1. Choose a Name for Your Kansas Limited Liability Company
Check for an Available Name for the LLC in Kansas: If you are getting ready to file to form an LLC in Kansas, you need to choose a unique name for your LLC. You need to search online databases and other records to make sure that the name that you want to use for your LLC is available and not in use by another LLC in Kansas. You may want to start by searching the online database of business entities that is available on the official website of the Kansas Secretary of State at Kansas LLC.
Reserve a Name for Your Kansas LLC: You may want to reserve a name before you file to form your LLC, though reserving a name is not required. You can download the name reservation application form online at Kansas LLC or apply online. Whatever name you submit will be reserved in the state of Kansas for 120 days. There will be a $35.00 filing fee to reserve a name.
Filing for Trademarks Protection and Doing an LLC Name Search: You may find, through a search of databases and other records in Kansas, that the name that you want to use for your LLC is available in Kansas but in use by an LLC in another state. You might encounter restrictions on your use of the name that you have chosen for your LLC. If you want to learn more about choosing a name for your LLC, go to how to choose a name for your llc.
Kansas LLC Name Requirements: When you are considering possible names for your LLC, remember that in Kansas the name of your LLC must include the designation "LLC," “L.L.C.,” “L.C.,” “Limited Company,” or "Limited Liability Company." You should note that the term “LLC” stands for “Limited Liability Company,” and not “LLC Corporation, “Limited Liability Corporation,” or anything that is related to a corporation. LLCs are organized and governed differently than corporations are.
2. Find a Registered Agent in Kansas
If you are getting ready to file to form an LLC in Kansas, you need to select a registered agent that will act as an agent for service of process for your LLC. The registered agent that you choose will receive all tax documents, legal notices, and other official notices for your LLC. There are corporate service companies that offer registered agent services for a fee of between about $75.00 and $150.00.
3. File Articles of Organization with the Kansas Secretary of State
Minimum Requirements for the Articles of Organization: The Articles of Organization that you file for your Kansas LLC must contain the name of your LLC, the mailing address of your main office, and the name and address of your registered agent. The Articles of Organization must be signed by the organizer before you submit the document. You can download a form for this document at Kansas LLC or you can file online.
Other Kansas Legal Provisions: When you are creating Articles of Organization for your LLC, you should think about including additional clauses along with the minimum requirements. A lawyer will be able to help you to include the additional clauses that will be most important and beneficial for your company.
Where to Submit the Articles of Organization for Filing: You should send your completed Articles of Organization to the Office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594.
Filing Fee: The fee to file Articles of Organization in Kansas is $165.00.
4. Form a Kansas Limited Liability Company Agreement (Operating Agreement)
Once you form your Kansas LLC by filing Articles of Organization, you need to create an LLC Agreement. The LLC Agreement that you create will govern all aspects of your LLC as well as the actions between the members of the LLC. Each member of the LLC must sign the LLC Agreement. The details of the LLC Agreement will depend on factors such as how many people are involved in the LLC, how much money is being invested, how the money will be distributed, and whether the company will be managed by a manager or by the members of the LLC. You should also consider what the purpose of your LLC is. LLCs that are formed for different purposes will have different needs. For example, an LLC that will operate a retail store may have different needs in an LLC Agreement than an LLC that will own and develop real estate. Consult a lawyer and an accountant when it is time to create your LLC Agreement so that you can be sure to comply with all state requirements and federal tax laws.
Once you form your Kansas LLC, you also need to get ready to take actions such as making securities filings, obtaining an EIN from the IRS, and obtaining a business license in the locale where you will be conducting business. There are corporate services companies that can make these kinds of filings for your LLC and obtain form documents. These companies charge a fee for these services. To find out how to get a business license in your city, see our online guide at http://www.cityapplications.com/business-licenses.html.
5. Qualify your Kansas LLC to Do Business in Other States
You need to find out what you need to do to register or qualify your LLC to do business in your home state if your main office will be located outside the state of Kansas. Most states require LLCs to register or qualify in order to do business and will require you to pay taxes in your home state when you do business. To find out how to qualify your LLC to do business in other states, see [Qualifying to Do Business in Other States].
6. Make Annual Filings and Pay Annual Taxes in Kansas
The state of Kansas requires an annual report from all registered LLCs. Go to Kansas LLC to file this report online. The filing fee is $50.00. You will also need to file a tax report and pay taxes every year once you have registered your LLC in the state of Kansas. Go to the official website of the Kansas Department of Revenue at Kansas LLC to find out more about the taxes that will apply to your LLC. You can also download tax forms on the official website.
Forming an LLC can be a fairly complicated process. The process can be especially complicated if several people are involved. Consult an accountant and an attorney when you are forming your LLC so that you can make sure that an LLC is right for your company and that all your paperwork is being processed correctly.
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This site is for informational purposes only and does not constitute legal, financial or tax advise. The information on this site should not be relied upon as an official source of information and should be independently verified.