Before you form a limited liability company (LLC) in Kansas, you’ll need to appoint a resident agent. But what is a resident agent? What are they required to do, and who can be one?
What is a Kansas Resident Agent?
A resident agent (referred to as a registered agent in most states) is an individual or company that is designated by the entity to receive important legal documents and official notices from the state on behalf of the business. This position is necessary because it ensures that the correct people within an LLC are notified of time-sensitive events such as service of process for lawsuits, garnishment notices against employees, and important tax notifications.
Who can be a Resident Agent in Kansas?
Kansas statutes (KS-17-7666) state that each limited liability company must have and maintain:
- A registered office, which may but need not be a place of its business in the state of Kansas; and
- A resident agent for service of process on the limited liability company. The agent may be:
- an individual resident of the state of Kansas whose business office is identical with the limited liability company’s registered office,
- a domestic corporation, limited partnership, limited liability company, business trust, or
- a foreign corporation, limited partnership, limited liability company, or business trust authorized to do business in the state of Kansas. It must have a business office identical to the registered office, which is generally open during normal business hours to accept service of process.
Can I be my own Resident Agent?
Yes, the law allows you to be your own agent, as long as you are a resident of the state and are generally available during business hours.
Should you be your own Kansas Resident Agent?
Being your own resident agent can be a headache for some business owners, so they opt to use a registered agent service instead. Here are a few reasons to consider hiring a service to act as a resident agent.
- Availability – A resident agent needs to be available at the principal address during normal business hours. This could be a challenge for a business that doesn’t need to keep consistent office hours or an LLC owner/resident agent who must regularly be out of the office for meeting clients, etc.
- Reminders – Registered agent services sometimes provide reminders on the state requirements such as annual report filings. Remembering to file an annual report can be easily forgotten.
- Penalties and Fees – By not continuously maintaining a current resident agent, the LLC may be responsible for penalties and fees, in addition to the potential for administrative dissolution (the state dissolving your LLC).
How is a Resident Agent Appointed in Kansas?
You’ll need to name your resident agent when you complete the official paperwork with the state to form your LLC, so you’ll need to decide who your agent or registered agent service will be before you begin that process. Of course, you’ll want to first be sure to inform whomever you’re appointing and get their permission to serve in that role.