Forming a Kansas limited liability company
Forming a Kansas LLC can be made easy with the filing instructions below. If you’d like to get a bit more information, check out our kit, available for $34.95. It has these directions, examples of filled out forms, instructions on getting an EIN for bank account and tax purposes, sample operating agreements, and an article about the benefits and potential drawbacks of utilizing an LLC as your entity.
1. Check if the LLC name you want is available
Your first step in setting up an LLC is to check if the name you want to use is even available. To do this, you can use the AccessKansas Business Entity Search engines available at:
https://www.accesskansas.org/bess/flow/main?execution=e1s1
Note: The Access Kansas Business Entity Search Service (known as BESS) lets you search both for already existing entities and for reserved names.
2. Download the LLC application form from the Kansas Secretary of State’s web site, and then print this form
The URL, or web page address, for this form is as shown below.
You can download a free copy of this form from the Kansas Secretary of State’s website using the Internet address:
http://www.kssos.org/forms/business_services/DL.pdf
Tip: You can also file automatically online using the form also available at the Secretary of State’s web site at https://www.accesskansas.org/businesscenter/index.html. The online application asks the same questions as the paper form, however, you can enter your information electronically into the online version, and then submit it immediately to the Secretary of State. (The online option is not available to Professional Limited Liability Company (PLLC) filers.) To use the online application, the State of Kansas requires you to first register with their business center. So the first step in the above web page is to give your e-mail and select a password. Before filling out the online application, you need to wait for the state to send you an e-mail with the information which allows you to proceed. It can take a few hours for you to receive back the e-mail you will require. (The fee for the mailed application is $165. The fee to apply online is $160.)
3. Identify the name you want to use for your new LLC
After you download and print the LLC application form, you’re ready to fill the form out.
Enter your business or investment name into top box labeled, “Name of Limited-Liability Company.” The name must include one of the phrases or acronyms, “Limited Liability Company,” “Limited Company,” “LLC,” or “LC.” For example, all of the following names should be acceptable:
- Plains Explosives Limited Liability Company
- Plains Explosives Limited Company
- Plains Explosives LLC
- Plains Explosives LC
4. Identify the registered agent
Kansas wants to know the name and contact information for a real person within the State of Kansas whom can act as the contact person should the state have questions or concerns about an LLC’s operation. You can pay someone else to be this registered agent, but it’s really easiest and cheapest to just be your own registered agent.
Accordingly, enter your name and address information onto the line labeled “Name and Address of Resident Agent and Registered Office in Kansas.”
5. Provide a mailing address
Use the space provided to supply the mailing address you want the state to use for official correspondence.
6. Specify the last month of the tax accounting year
Almost always, the tax closing month will be December because you don’t actually get to choose the tax closing month in most situations. In most cases, federal tax law simply tells you to use a calendar fiscal year which means the tax accounting year ends with December. If you think you might be able to use some other tax accounting year, however, consult your tax advisor. (A tax closing year might end in a month other than December if your LLC will be taxed as a C corporation or if your LLC has C corporation partners with tax years that end sometime other than in December.)
7. Indicate the effective formation date
Use the Effective Date check boxes and blanks to indicate whether the LLC should be formed at filing (the usual case) or at some other specified date.
8. Sign and date the form
Review the form to ensure the information is correct, then date and sign the document.
9. Mail in the application
After you complete the application to form a limited liability company, mail the completed form and a check for $165 to:
Kansas Secretary of State
Memorial Hall, First Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594
Processing lead times vary, but in general, it takes several weeks to get your LLC certificate back from the Secretary of State’s office. Online applications are usually processed faster.
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