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Articles of Organization are a requirement for every limited liability company (LLC) in Kansas. Articles of Organization serve as the critical formation document for an LLC. Furthermore, Articles of Organization make your LLC an official business entity with the state government. The equivalent document for Kansas-based corporations is a Certificate of Incorporation.
Because Articles of Organization are so important, business owners need to prepare and file them correctly. Needless to say, this means that you need to understand what specific pieces of information the State of Kansas requires Articles of Organization to contain.
For all of these reasons, we’ve prepared this guide on preparing and filing Articles of Organization in Kansas.
It’s critical to correctly prepare your Kansas Articles of Organization before filing them by including all required information. Improper or incomplete Articles of Organization will be rejected, wasting your valuable time and money.
That said, here are the primary steps you need to follow to complete your Articles of Organization in Kansas.
For obvious reasons, the State of Kansas requires Articles of Organization to include an LLC’s official name. The state has a few naming guidelines. For one, your business’s name must be unique. Second, it cannot include the following:
Finally, ensure that your LLC includes the words “Limited Liability Company,” “Limited Company,” or some abbreviation of those phrases.
For a minimal filing fee, you can choose to register your LLC’s name with the state. Submitting a Temporary Reservation of Business Entity Name form with the Kansas Secretary of State will reserve a name for 120 days. You’ll need to include your name and contact information in the form. You’ll also need to list the name you want for the business. Sign the document and include the necessary filing fee to lock in the name you love. We can also take care of this step for you with our Name Reservation Service.
Limited liability companies use registered agents (Resident Agents in Kansas) to serve as the business’s point of contact. The registered agent can be an individual or another company that receives important legal and financial documents on behalf of the company. Your agent will accept vital documents for you, like service of process notices for legal action and tax returns. Because of their role in receiving official correspondence, you need to include your registered agent’s name and address on your Articles of Organization.
As we mentioned before, you’ll have already selected a registered agent before filling out your LLC’s Articles of Organization. If you haven’t obtained one yet, you need to hire one right away.
But don’t panic if you don’t know where to start. You don’t have to spend hours searching for a registered agent on your own. Instead, check out our Registered Agent Service. This product can take the hassle out of finding the ideal registered agent for your company.
The Secretary of State requires Articles of Organization to include the LLC’s official mailing address to receive correspondence from the state government.
The “tax closing month” is the last month of your business’s accounting year or tax year. The default closing month for Kansas Articles of Organization is December. However, LLCs can end their tax year on any month that suits them.
Unless otherwise specified, the effective date of the Articles of Organization is the day on which you file the form with the Secretary of State. Businesses can choose to specify another effective date as long as that date is no later than 90 days after the filing date.
The state makes it very easy to file your Articles of Organization by allowing you to take advantage of several different methods. First, you can file your Articles of Organization in person by going to the Secretary of State’s office. Alternatively, you can mail your Articles of Organization to that office. Neither phone filing nor email filing is allowed, but you can choose to fax in your Articles of Organization. Finally, you can file your KS LLC’s Articles of Organization online.
The filing fee for most filing methods is the same, except filing by fax which costs a bit more.
Once you’ve filed your LLC’s Articles of Organization in KS, there are a few additional matters to tend to.
Articles of Organization aren’t the only critical document you need to prepare for your business. You and the other members (or managers) need a document that regulates how your LLC will operate. To do that, you can draft an Operating Agreement. Operating Agreements discuss various aspects underlying your LLC’s daily operations. Specific matters can include:
An effective Operating Agreement will clearly define the rights and responsibilities of your LLC’s personnel. This avoids potential conflicts and problems farther down the road.
It’s difficult to overstate the importance of Operating Agreements. As such, you probably shouldn’t just make one yourself without any guidance. Instead, use our Operating Agreement Template to create a stellar Operating Agreement that will keep your business running smoothly for years to come.
Having an Employer Identification Number (EIN) is vital. In essence, an EIN serves as a social security number for your business. Without one, your business can’t hire employees. Therefore, all LLCs that have more than one member or manager need an EIN.
Even if you plan to operate your LLC on your own, you should still consider applying for an EIN. If you don’t have an EIN, it’ll be harder to pay federal taxes (you’ll have to use your own social security number). Not having an EIN may also limit your ability to open a business bank account.
To obtain an EIN, you need to apply for one with the Internal Revenue Service (IRS). But maybe you don’t want to focus time and effort on jumping through the hoops of a government agency. If you use our Employer ID Number Service, we will secure an EIN for your company. That way, you can focus on the things that really need your attention.
Filing Articles of Organization is hardly the first step of the business registration process in Kansas. We can help you sail through this process with our Kansas LLC Formation Service. With this product, we can save you a huge amount of time and energy so you can build your commercial empire.
You can’t be everywhere at once. As a business owner, your job is to focus on forming and growing your business. You shouldn’t have to spend your time filling out paperwork or researching obscure regulatory requirements.
At ZenBusiness, we offer a wide variety of products and services that make it easier for business owners to run their companies. Whether you need assistance with business license requirements or with keeping your business compliant, we can help you shoulder the load.
Disclaimer: The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
You can amend your Articles of Organization by submitting a Business Entity Certificate of Amendment. Send the form to the Kansas Secretary of State’s office online, by fax, mail, or in person. You can also use our helpful LLC Articles of Amendment Service. Whatever you choose, make sure you state which articles are being amended or added.
You can file a Certificate of Cancellation by filling out the state’s template form and submitting it to the Secretary of State’s office. As with the other forms we’ve mentioned, you can file it several different ways. Be sure to include the applicable filing fee. If you’re dissolving a series LLC, include the name and ID number of each series that needs to be canceled.
Strictly speaking, you only need to file Articles of Incorporation to start a corporation in Kansas. However, you should also create corporate bylaws, a shareholder agreement and obtain all required business licenses. Check out our article on forming a corporation in Kansas to learn more.
No, Kansas doesn’t require an LLC to have an Operating Agreement. That being said, it’s essential to have a clear and comprehensive Operating Agreement, so your business runs smoothly. And such governing documents go a long way in preventing business disputes down the road.
No, Kansas doesn’t require you to have a lawyer to form an LLC. However, lawyers can help you navigate the laws and regulations that tie into operating a business.
Kansas Business Resources
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