How To Incorporate In Kansas
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1. Choose a Name for Your Kansas Corporation
Check on Available Names in Kansas: You will need to have a unique name for your business if you want to incorporate your small business in Kansas. Before you will be able to incorporate, you will need to be sure that the name that you have chosen is not already in use by another corporation. You can find out if a name is already in use by another corporation through a thorough search of online records and other databases. You can check name availability in Kansas on the official website for the Kansas Business Center: Kansas Corporation.
Reserve a Corporate Name: It is not obligatory to reserve the corporate name that you have decided on, but if you would like to reserve a name, you can submit an application to the Kansas Secretary of State. You can download the application online at Reserve a Kansas Corporate Name. You may also apply online. The fee is $35.00. The reservation will be effective for a period of 120 days.
Filing Trademarks and Doing a Corporate Name Search: You should be aware that even though the corporate name that you have chosen may not be in use by another corporation in the state of Kansas, a corporation in another state could be using the same name. You may encounter some restrictions in your use of the corporate name that you have chosen. You should consult an attorney when you are preparing to incorporate your small business so that you can learn about what these restrictions may be and learn how you can take steps to trademark the name that you have chosen. Go to the article on how to choose a name for your corporation.
Kansas Corporate Name Requirements: Kansas state law requires that the name of your corporation include the word “corporation,” “incorporated,” “limited,” “company,” “associated,” “foundation,” or one of the other words allowed by Kansas state law. You can see a list of these allowed words online at Kansas Corporation Name Requirements. You may also choose to use an abbreviation of one of these words.
2. Find a Resident Agent in Kansas
Your corporation will need a resident agent in order to incorporate in Kansas. Resident agents act as agents for service of process. They receive legal and tax documents for corporations. There are corporate services companies that provide resident agent services. You may choose to pay a fee to use the services of one of these companies. You will need to include the name and address of your resident agent in the Articles of Incorporation document.
3. File Articles of Incorporation with the Kansas Secretary of State
Minimum Requirements: You must file Articles of Incorporation with the Secretary of State in order to incorporate your small business. You file online or download the form at File a Kansas Corporation. The minimum requirements for the Articles of Incorporation document are that the document must include your corporate name and purpose, the physical address of your main office, the number of shares authorized by your corporation, the name and address of your resident agent, and the name and address of the incorporators and directors. The document must be signed by the incorporators.
Other Kansas Legal Provisions: You may consider including additional legal provisions in your company’s Articles of Incorporation document. You should consult an attorney when you are preparing the Articles of Incorporation document so that you can be sure to include any additional legal provisions that may be appropriate and beneficial for your company.
Where to Submit Form: You can file Articles of Incorporation document online at Kansas Corproation Set Up or submit the completed document to the office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594.
Filing Fee: It costs $90.00 to file Articles of Incorporation in Kansas. Make checks payable to the Secretary of State.
4. Create Other Kansas Incorporation Documents (Corporate Kits)
After creating and submitting Articles of Incorporation for your corporation to the Secretary of State, you will be able to begin taking certain actions in your corporation. These actions could include appointing officers and directors, adopting corporation bylaws, issuing stock certificates, obtaining a tax ID number, and acquiring a business license. You should also consider creating other types of corporate documents such as buy-sell agreements, shareholders agreements that determine when stock can be sold, and documents that explain what will happen if an owner decides to leave the company. These other types of documents can serve to be especially important for corporations that have multiple owners. You should consult an attorney when you are creating these documents. An attorney will help you make sure that you are in compliance with all the legal requirements that may apply to your corporation. You may also consult one of the various corporate service companies that assist corporations to prepare these types of documents for a fee.
5. Qualify Your Kansas Corporation to Do Business in Other States
Your corporation will need to qualify in order to do business outside of Kansas if the main office of your corporation is located out of state. Most other states require corporations to qualify in order to do business in the state. You will most likely be required to pay taxes in your home state. To find more information about how to qualify your corporation to do business in other states, go to Doing Business in other states.
6. Make Annual Filings and Pay Annual Fees and Taxes in Kansas
When your corporation is registered in the state of Kansas, you will need to file an annual report. There is a fee of $50.00 to file this report. In the report you will have the opportunity to provide updated information about your corporation, your registered agent, and your officers. You can file this report online at Kansas Corporate Fee.
Your corporation will be subject to Kansas state taxes. You will be required to file a corporate income tax return and pay the necessary Kansas state income taxes. You can file Kansas state taxes online and find more information about Kansas taxes at the official website of the Kansas Department of Revenue: Kansas Corporate Tax.
When the time has come to prepare tax documents for your corporation, it is best to consult an accountant. An accountant can help you to avoid costly mistakes in the preparation of your tax documents.
There are many complex questions to consider when incorporating your small business, especially when there are multiple owners of the corporation. You should consult an attorney and an accountant during the incorporation process so that you can be sure that 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.