Your first consideration when choosing a name for your LLC is that it be unique from any other business in the state of Kansas. You can quickly and easily do a name check on the Kansas Secretary of State website business name database to verify the business name you want is available. For a $35 fee, you can also reserve a name for 120 days by filing the Temporary Reservation of Business Entity Name (Form NR 52-01) using your user login online or by mail.
In order to comply with Kansas state law, your company’s name must contain some form of the term “Limited Liability Company.” This can appear in several different formats from the whole phrase written out to several appropriate abbreviations or alternative words. “Limited Company,” “L.L.C.,” “L.C.,” “LLC,” “LC,” “Company,” “Association,” “Club,” “Foundation,” “Fund,” “Institute,” “Society,” “Union,” “Syndicate,” “Limited,” “Trust,” and abbreviations of like importance are all considered appropriate ways to adorn your moniker. The words “bank,” “trustee,” “incorporated,” “inc.,” “corporation,” “corp.,” “insurer,” “insurance company,” or any wording that suggests the company is an insurance business are not allowed in Kansas without providing a lengthy list of supporting documents. You can find more details on Kansas’s business naming guidelines here.
The state of Kansas requires that any LLC have a resident agent for service of process. This means your LLC must have an entity that agrees to physically accept any legal papers on the company’s behalf should it be sued. This entity does not have to be an individual person. The registered agent can be any resident of the state of Kansas, a business entity authorized to do business in Kansas so long as the agent has a physical street address within the state, a Kansas or foreign corporation, a Kansas or foreign limited liability company, a Kansas or foreign limited partnership, or a Kansas or foreign business trust.
You may want to consider preparing an operating agreement to outline the ownership and operating procedures for your LLC.
Though not required by the state, an operating agreement will set the guidelines for running your company. This does not need to be filed with the state, but it can go a long way toward ensuring your company’s success.
An IRS Employer Identification Number (EIN) is required for your LLC unless it is a single-member LLC with no employees. Obtaining an EIN is as easy as completing the application on the IRS website.
It’s possible your company will need to register with the Kansas Department of Revenue (DOR). Whether or not your company needs to follow this step will depend on the exact types of taxes it will be collecting and/or has been collecting from the state and if you have employees. The Kansas Business Tax Application, Form CR-16, can be filed online through the Kansas Business Center website or by mail.
If your LLC will be selling a physical product, you’ll need to register for a sellers permit through the Kansas Department of Revenue’s Division of Taxation website. This will allow you to collect sales tax on taxable sales. Additionally, if you have employees, you’ll need to register for Unemployment Insurance Tax through the Kansas Department of Labor and also register for Employee Withholding Tax through the Kansas Department of Revenue.
If yours is a foreign LLC, also referred to as an out-of-state LLC, wanting to do business in the state of Kansas, you’ll need to follow all the steps above with a few differences.
You will need to file a Foreign Limited Liability Company Application with the Kansas Secretary of State as well as a Certificate of Existence from your LLC’s domestic or home state. The Certificate of Existence must date back no more than 90 days prior to filing. The filing fee is the same as a domestic LLC in Kansas at $165.
Some industries will require you to secure federal, state, and/or local licenses to legally operate in the state of Kansas.
Since business licenses and permits are issued at all levels of government—federal, state, and local—and for such a multitude of reasons, you should still do careful research to find out what licenses and permits you need. You can also hire or use a professional service to do it for you.