There are a number of reasons you might need to change your Kansas LLC’s registered agent. Maybe your designated registered agent moved out of state, left the company, or no longer wants the responsibility. Maybe you had assigned the job to yourself, and you no longer want your address on public record. Maybe (hopefully) your business has expanded so much that you no longer have time to handle the registered agent responsibilities.
Whatever your reason may be, changing a registered agent in Kansas might seem like a daunting task, with a mountain of paperwork and legal proceedings involved. However it’s actually quite simple, and this guide will help make the process quick and painless.
The state of Kansas has certain requirements for changing your LLC’s resident agent. To establish a new resident agent, you will need to file a Form RLL 53-06: Change of resident Office or Agent by an LLC, available in paper or online. Filing this form will automatically update your Articles of Organization on file with the Secretary of State. If your resident agent resigns, you have 60 days to appoint a new one, or the state will invalidate your Articles of Organization.
The Kansas S.O.S. website doesn’t provide much explicit guidance on resident agent changes, but the state LLC Act, Sec. 17-7666 sheds a little light on the subject.
You can’t pick just anyone to be a resident agent for your LLC. The state of Kansas puts certain restrictions on who can serve as one. If you’re choosing or changing your resident agent, keep these requirements in mind. The resident agent in Kansas must:
* If your resident agent is a foreign business entity, it must be authorized to transact business in Kansas
In order to change your resident agent in Kansas, your first and only step will be filing a Change of resident Office or Agent by an LLC either online, by mail, or in person.
Sometimes speed is the name of the game, and filing online is the fastest way to go about it. You can tackle the entire process on the Kansas Business Center. Sign in using your LLC name and/or Entity I.D. Number and follow the site’s instructions. At the end of the online form, you’ll need to pay a $30 fee by card.
But if you prefer to do business by mail, it’s also an option. Download you Form RLL 53-06 and complete it with the name and address of your new resident agent. When you’re finished, mail it or hand deliver it, along with a $35 fee, to:
Kansas Office of the Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Ave
Topeka, Kansas 66612-1594
Your $35 fee is payable by check or money order, made out to “Kansas Secretary of State’s Office.”
The Secretary of State also allows faxed documents to (785) 296-4570, although there is an additional $20 fee for faxed forms.
While some states allow you to change your resident agent on your annual report or Articles of Organization, in Kansas you must use this form. The Secretary of State will automatically update your other files with the new information.
If you’re too busy, or if you’d feel more comfortable letting someone else take the reins, you have the option of hiring a company or individual to file your paperwork for you. It’s a great way to save time and stress.
Submit your form? Pay your fee? You’re good to go. Online filings are processed immediately, and mailed ones are processed within 2-3 business days. Either way, you’ll see your new resident agent on file soon.
Think of your resident agent as a mediator between you and the state of Kansas, the person or business entity that handles some of your most important paperwork.
In case you thought the resident agent was just a formality, look at the documents they handle:
A lot of important stuff. Which is why a reliable resident agent is essential to every Kansas business owner.
By handling high-priority and sensitive documents on your behalf, your resident agent takes care of your communications with the state, so you can spend more time building your business.
Plus, if you operate a Kansas small business from out of state, a trustworthy resident agent is especially important, as the state requires a local contact for your LLC. Having this contact ensures your company will receive and respond to time-sensitive documents, so you won’t miss filings and get hit with penalties.
If you’re unsure where to find a good Kansas resident agent, consider using a resident agent service. These companies provide you with a reliable, professional resident agent so you can have peace of mind knowing you won’t ever miss a filing, tax deadline, or state correspondence.
Sure, you can jump online, search “registered agent service,” and get a ton of results. But the truth is that not all of these services are trustworthy. So, we’ve done some research for you. If you want to know you’re getting a top-quality registered agent, take a look at our comparison guide on the top registered agent services. Many of these providers can also form an LLC for you if you’re needing a fresh start. ZenBusiness is a very well known option.
There are numerous reasons you might need to give up your Kansas registered agent role, but only one way to resign.
Registered agents play an important role in the life of an LLC, handling sensitive legal and tax documents, so it’s essential that agents follow proper resignation procedures. Otherwise, you could leave your company with unplanned fines or penalties, and you could be individually liable.
Fortunately, for Kansas LLCs it is easy.
Follow these steps and the hardest part of your resignation won’t be the process itself, it’ll be saying “so long” to your former business.
The first step in resident agent resignation is informing your LLC. Kansas state law requires you to inform your LLC of your impending resignation at least 30 days before you official resign with the Secretary of State. This will allow the company ample time to change its resident agent and avoid potential fines or penalties. While you’re only required to send a written notice, it’s often good to speak more at length with your LLC about the transition to develop a smooth and efficient succession plan.
After you’ve reached out to your company and waited the requisite 30 days, it’s time to make your resignation official and move on to your next project.
To get started, download the “Certificate of Resignation of Resident Agent,” which you can find on the Secretary of State’s Business Forms page. The form itself contains step-by-step instructions for its completion, but as a summary, here’s the information you’ll need:
By signing the document, you are confirming that you notified the LLC at least 30 days in advance.
Now you’re ready to send it off. Make sure to include payment for the filing fee, which is $35 for a single for-profit entity or $20 for a single not-for-profit entity. If you’re resigning from multiple entities, the fee is $150. Pay with a check made out to “Secretary of State,” or with a credit card (include your card info in the designated space on the document). Mail your form and payment to:
Kansas Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Ave
Topeka, KS 66612-1594
If you want to use your trusty fax machine, feel free! You can also fax your form to 785-296-4570. Faxed documents require an additional $20 fee. You must include your contact
name, daytime phone number, credit card number, credit card expiration date, and billing zip code with your fax.
Don’t skip town right away because after your form is processed, you’ll stay on file as the LLC’s resident agent for 30 days, unless they appoint a replacement sooner.
When you put down your resident agent responsibilities, someone else has to pick them up, or your LLC will lose its good standing with the state. Help your LLC keep its momentum by carefully planning your transition.
This starts with finding a successor who’s ready to take over right away. Even a small gap in resident agent coverage can result in severe penalties. After you resign, your LLC has 60 days to change its resident agent and get your replacement on file. Otherwise, the company’s Articles of Organization will be canceled. Considering how severe the consequences can be, it’s important that you give your LLC advance notice so they have plenty of time to find a replacement.
Any replacement they find will need to meet Kansas’s resident agent requirements. They must:
An LLC can have one of its individual members serve as resident agent, which makes finding a replacement easy. But sometimes it’s best to take those items off that member’s to-do list and give them to a professional agent.
We recommend using a resident agent service, which can take over resident agent duties, freeing up more time for the LLC’s managers to focus on running the business.
You do a lot for your Kansas LLC. You’re essentially the shield that protects it from fines, the filter that catches important documents, the conductor that keeps it on track with compliance.
Because you play such an important role, it’s crucial that you follow the resignation procedures exactly — and potentially provide a replacement agent for the business. Otherwise, you might find yourself and your LLC in hot water.
Follow this guide and you’ll be totally fine. Soon, you’ll be on to your next project, whether that’s starting a new business in Kansas or something completely different.
If you need a fresh start and would like to form a brand new LLC, there are plenty of services that can take care of this for you. ZenBusiness and LegalZoom are two very popular options.
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