Guide to Forming a Kansas LLC

Step 1: Name your Kansas LLC

Select a unique name for your LLC. Start the LLC formation process by naming your business. It’s not just about branding: Without a distinct name, your business doesn’t exist in the eyes of the Kansas Secretary of State. Accordingly, you’ll need to decide what to call your business before you proceed with your Kansas LLC registration.

Kansas Limited Liability Company Name Requirements

To some, this step may seem simple: Perhaps you have an LLC name in mind already or want to use your own name in the title of your business. However, you’ll need to keep two official requirements in mind when picking a company moniker.

• Your LLC’s official name must be unique in the state of Kansas. If a business is already using the name you prefer, you’ll need to go with another option. To check if an LLC name is available, follow the instructions on our Kansas business name search page. You can also consult a more specific list of naming requirements on the Kansas Secretary of State’s website to help ensure that your chosen name will satisfy state standards. For example, you can’t use slight changes in spelling or punctuation to mimic another business’s name.
• The final words of your company name must be some form of the phrase “LLC.” You have options for meeting this requirement: You can spell out “limited liability company” or write out “limited company” instead. You can also use the following abbreviations: LLC, L.L.C., LC, or L.C. However you choose to write it, the phrase must come at the very end of your company name (for example, “Todd’s Bakery, LLC”).

Reserving a Business Name

Once you have a name selected, you have the option to reserve it so that no one can grab it before you can form your business. This isn’t required, but it could be helpful if you have a good name in mind but aren’t yet ready to file your LLC paperwork.

You can reserve a name for 120 days by completing a form and paying a small fee.

Get a matching domain name

This is also the perfect time to think about how your business name will translate to use on the internet. A domain name is your website address, and you can use it for your company email address, too. You’ll want your domain name to be as close to your LLC name as possible so it easily identifies you to your customers.

You’ll need to do a domain name search to see what’s available to use. Once you’ve decided on a name, take advantage of our services to easily register your domain name.

Federal and State Trademarks

One additional thing to consider in the naming process is trademarks. Visit the U.S. Patent and Trademark Office website to make sure your desired business name or logo isn’t already trademarked at the federal level, and check the trademark search engine on the Kansas Secretary of State website to see if any state trademarks already exist for your name or logo. If you like, you can also apply for federal or state trademarks of your own.

‘Doing Business As’ Names

Most states require businesses to register any names they wish to operate under other than the one listed on their formation documents. Many states refer to this as a “doing business as” or DBA name, but it can also be called a fictitious name, trade name, or assumed name depending on the state. Kansas is one of the two states that does NOT require businesses to do this, with the other being New Mexico. However, if you want to branch out into other states where a similar name to yours exists, you may have to register a DBA with that state’s business formation office.

Step 2: Appoint a Kansas resident agent

Name a resident agent for your LLC. As in every state, Kansas requires new LLCs to designate a registered agent as part of the business formation process. In Kansas, the official term for a registered agent is “resident agent,” although these terms mean the same thing.

The primary purpose of a registered agent is to receive documents related to legal proceedings as well as certain state correspondence on behalf of your business. Simply put, if your business is subpoenaed or sued, the state of Kansas and process servers need to know how to get the paperwork to your LLC’s leadership.

A resident agent may be either an individual or business entity authorized to do business in Kansas, but, in either case, they must have a “registered office” address in the state. This address can’t be a P.O. box because legal documents are often served in person. The resident agent must always be available at the registered office during normal business hours.

Hiring an Outside Registered Agent Service

Many entrepreneurs assume they should serve as the registered agent and use their business location as the registered office address. Unfortunately, this approach can have serious downsides.

Some benefits of hiring an outside registered agent service include:

• Privacy: If you receive notice of a lawsuit against the company, it won’t be in front of customers.
• Flexible hours: Because a registered agent must be available during traditional business hours, you can work whenever you’re most productive in growing your company.
• Organization: If you use our resident agent service for Kansas, we’ll accept your important legal documents and store them in your electronic dashboard. This way you can view, download, or print them anytime online.

Step 3: File Kansas Articles of Organization

File the LLC paperwork. Next, you’ll need to file Kansas LLC Articles of Organization. Now that you have all the necessary information, like name and registered agent, you should have the information needed to file the paperwork with the Kansas Secretary of State. The official form name is the “Limited Liability Company Articles of Organization,” and you can file online or by mail. You must include a filing fee of $166.

To complete the form, have the following information handy. Bear in mind that this information will become public record:

• Your LLC’s name
• Your resident agent’s name and registered office address
• Mailing address for your business
• Tax closing month (most businesses select December to stay on the calendar year)
• Signature of the authorized person (such as an owner of the LLC in Kansas)

Usually, the day your LLC becomes effective is the day it’s filed. However, if you want to delay your filing, you can select a future filing effective date by writing “Effective date: [the date you want the LLC to become effective]” under the signature of the authorized person’s signature. The date can’t be more than 90 days from the day you file.

Some LLCs do this if they’re filing toward the end of the year and don’t want their LLC to take effect until January 1 of the new year.

LLC Formation Services

Filing official government documents like this can be intimidating and/or complicated for many people, which is why we’re here. With our business formation plans, our professionals handle the filing for you to make sure it’s done quickly and correctly the first time.

If you do your formation with us, once the state approves your LLC in Kansas, your paperwork will be available from your ZenBusiness dashboard. There you can keep it and other important paperwork digitally organized. And, once you get your physical paperwork back from the state, you’ll want to keep it in a safe location along with your other important documents, such as your Kansas LLC operating agreement, contracts, compliance checklists, etc. We offer a customized business kit to help you keep these important documents organized and looking professional.

Step 4: Create an operating agreement

Draft an LLC operating agreement. Kansas law doesn’t require new LLCs to have operating agreements before being formed. However, it’s highly advisable to create one anyway, whether you’re operating alone or with other partners.

Operating agreements clearly define the terms of ownership and management, providing additional protection and options for everyone involved. Without an agreement, you’ll be subject to Kansas’s default rules for limited liability companies, which may not reflect your wishes.

Here are just a few of the benefits an LLC operating agreement offers to business owners:

• An operating agreement helps further separate your business from your personal assets in the eyes of the courts, thus providing more shelter for your personal assets from legal liability.
• Operating agreements can help prevent and resolve conflict between multiple members (LLC owners), clearly indicating each member’s powers and privileges.
• Potential investors and lenders typically wish to review the agreement before making any financial commitments to an LLC.

Unsure how to start creating this document for your Kansas limited liability company? We offer a customizable Kansas operating agreement template to help you start.

Step 5: Apply for an EIN

Get an IRS Employer Identification Number (EIN). After officially setting up an LLC in Kansas, you may want to apply for an EIN. An EIN (also known as a Federal Employer Identification Number or Federal Tax Identification Number) is registered with the Internal Revenue Service (IRS). An EIN functions much like a Social Security number for your business. It allows you to perform key tasks, such as hiring employees and paying taxes.

If you operate your LLC alone, it’s possible you may not need an EIN for your business. However, if your LLC has any employees or multiple partners involved, you need to obtain an EIN. Moreover, if an EIN isn’t a requirement for your LLC, it may help open a business bank account or obtain financing.

You can apply for an EIN through the IRS website. However, if you’d like to minimize your interactions with that particular government agency, our Federal Employer Identification Number service can obtain one for you.

Open a business bank account for your Kansas LLC

Once you have an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time. It also helps you avoid commingling funds.

Commingling funds can not only make your taxes more difficult but could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities.

We offer a discounted small business bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.

Need to get paid? We make it easy to send custom invoices, accept credit card and bank transfer payments, and manage clients from an easy-to-use dashboard with ZenBusiness Money.

We can help

At ZenBusiness, we believe every aspiring entrepreneur should have the tools and support necessary to create a business, which is why we’ve made it easy with our free LLC service. We handle the complexities of starting an LLC in Kansas, while you focus on your business.

Along with LLC formation, we provide worry-free compliance services and more to keep your business in good standing. With expert support on hand every step of the way, we have everything you need to run and grow your business effortlessly.

So, whether you’re forming a consulting company in Topeka or a cleaning service in Olathe, join the hundreds of thousands of businesses we’ve helped launch.