Start an LLC in Kansas

If you want to start a Kansas LLC, you’ll first need to name your business. Kan. Stat. § 17-7920 outlines the rules of naming your LLC, stating it must:

• Include the words Limited Liability Company or the abbreviations L.L.C. or LLC
• Not include words or abbreviations that make it sound like it’s another kind of entity, like Corp., Incorporated, or Limited Partnership
• Be unique among business names in Kansas

You can check your potential LLC name’s availability by using the Kansas Secretary of State’s business search portal. Do you have a name in mind, but aren’t ready to start your business just yet? You can reserve a name in Kansas for up to 120 days by filing a Temporary Reservation of Business Entity Name form and paying a $35 filing fee.

All LLCs doing business in Kansas need a registered agent (sometimes called a resident agent in Kansas). Your registered agent is the person or entity designated to accept important legal mail on behalf of your business.

The requirements for a registered agent in Kansas are detailed in Kan. Stat. § 17-7925. At a minimum, your registered agent must:

• Be able to accept legal documents during regular business hours
• Have a physical, registered office address located within the state of Kansas (no P.O. Boxes)
• Notify the LLC members of any service of process

You’ll need to have your registered agent’s name and address ready before you fill out your Articles of Organization formation document.

Once filed with the Kansas Secretary of State, your Articles of Organization officially form your LLC. There is a base $160 filing fee, but the way you file your Articles may increase that fee.

To fill out the form, you’ll need to provide the following information about your LLC:

• Company name. Include an indicator like LLC.
• Resident agent. The person or entity that is authorized to accept legal mail on behalf of the LLC.
• Registered office. The Kansas street address where your resident agent will accept legal notifications.
• Mailing address. Address where you’d like official state mail sent (not including legal notifications). This cannot be a P.O. Box.
• Tax closing month. The month the business has established as its tax closing or book closing period. December is the default.
• Effective date. When do you want your LLC to start? You can delay its formation by 90 days, but most LLCs start as soon as their Articles are filed.
• Authorized signature. You’ll need an authorized person to sign, like an LLC member or your resident agent.

Note: All of the information on this form will become part of the public record.

Interested in forming a Series LLC or multiple LLCs within one LLC? Check out our Kansas Series LLC guide.

Your Kansas LLC’s operating agreement is a document outlining how the internal workings of your LLC will be organized. This includes spelling out ownership rights for the LLC, member responsibilities, profit and loss distributions, and even how to dissolve the LLC when (or if) the time comes. Without an operating agreement, your LLC will be required to operate according to Kansas’s default LLC statutes.

Check out our attorney-drafted Kansas LLC Operating Agreement.

An EIN (Employer Identification Number) is your business’s identification number, like a social security number for your business. You’ll use an EIN to open your business bank account and start collecting funds, contributions, and revenue. Most banks will require a minimum starting deposit to open your business bank account. You can have each member provide a starting contribution or investment that represents their LLC ownership.

Check out our EIN Guide to learn more about how to get an EIN for your Kansas LLC.

With a Kansas LLC, you’ll need to pay yearly taxes and file a biennial report. Here’s what you need to know:

• Taxes: All Kansas LLCs by default are taxed as pass-through entities. This means the LLC itself doesn’t pay taxes. The profit passes through for members to report on their personal income tax. LLC profits are taxed at the 15.3% federal self-employment tax rate.
• Biennial Reports: Unlike some states, you do not have to renew your LLC every year in Kansas. Instead, you must file a biennial report every other year. Kansas does its biennial reports in an interesting way. Businesses that formed on even years file biennial reports on even years. Businesses formed on odd years file reports on succeeding odd years. We offer a Kansas Biennial Report Service to help business owners like you stay compliant.
• BOI Report: The BOI Report is a federal filing requested for most Kansas LLCs. The report requires you to disclose identifying information about your company applicant and all beneficial owners to the Financial Crime Enforcement Network (FinCEN). You can file online or hire us to do it for you.

*This is informational commentary, not advice. This information is intended strictly for informational purposes and does not constitute legal advice or a substitute for legal counsel. This information is not intended to create, nor does your receipt, viewing, or use of it constitute, an attorney-client relationship. More information is available in our Terms of Service.