Get a Kansas Resident Agent

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 a state-registered business, such as a limited liability company (LLC) or a corporation, 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 state that each state-registered business must have and maintain:

1. A registered office located in the state of Kansas; and
2. 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 at the registered office address 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 a business owner/resident agent who must regularly be out of the office for meeting clients, etc.
• Reminders – Registered agent services sometimes provide reminders about 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).

Benefits of Using a Kansas Resident Agent Service

Think of your resident agent as the person or business entity that receives some of your most important paperwork. In case you thought the resident agent was just a formality, look at the documents they handle:

• service of process notices
• tax information
• notices of lawsuits
• and other Secretary of State correspondence.

This is why a reliable resident agent is essential to every Kansas business owner. By being available to receive high-priority and sensitive documents on your behalf, your resident agent allows you to 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 company. 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 or corporation for you if you’re needing a fresh start. ZenBusiness is a very well-known option.

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.

How to Change Your Kansas Resident Agent

In order to change your resident agent in Kansas, your first and only step will be filing a Change of Registered Office/Resident 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 in the Kansas Business Center. Sign in using your business 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 the Change of Registered Office/Resident Agent 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.

Kansas Secretary of State Contact Information

Resignation of a Kansas Resident Agent

Resigning as a registered agent in Kansas requires following proper procedures to avoid penalties. Notify your LLC at least 30 days before officially resigning, then submit the necessary forms and fees to the Secretary of State. Ensure a smooth transition by assisting in finding a successor who meets Kansas’s requirements.

Steps to Resign as a Resident Agent in Kansas:

1. Notify the LLC: Inform your LLC of your impending resignation at least 30 days in advance. This allows the company time to appoint a new resident agent and avoid fines or penalties.
2. Submit your resignation: Complete the Certificate of Resignation of Resident Agent form, available from the Kansas Secretary of State’s office. Include the LLC’s business entity ID number, name, your name, date, signature, and the filing fee ($35 for for-profit or $20 for non-profit). Mail or fax the form to the Secretary of State with the appropriate payment.
3. Hand off responsibilities: Assist the business in finding a new resident agent who meets Kansas’s requirements, ensuring no gap in coverage. An LLC has 60 days to file the replacement with the state to maintain its good standing.