How to Form an LLC in Kansas

Co-authored by Clinton M. Sandvick, JD, PhD

Last Updated: January 31, 2023

You can form a limited liability company in Kansas by naming your company, choosing a registered agent, and filing Articles of Organization. If you are looking for a flexible management structure, limited liability for members and proportional tax liability for a company you plan to start in Kansas, then an LLC may be right for you.

Part 1

Part 1 of 3:

Preparing Your LLC

1
Understand limited liability structure. A limited liability company offers its corporate managers/members flexibility in managing the company, liability limited to the amount they invested in the business (i.e. it keeps personal assets safe from lawsuits or bankruptcy), and allows managers to pay business taxes in proportion to their ownership share.
- Kansas also allows for professional limited liability companies, which are made up of a single person or a group of professionals such as doctors or lawyers.
- Kansas allows Foreign LLCs to register in the state. A foreign LLC is a limited liability company formed under the laws of any state or under the laws of any foreign country or other foreign jurisdiction.
2
Name your limited liability company. Kansas law requires that your LLC have a business name. The name must meet the following requirements:
- It must contain the words "limited liability company" or "limited company," or the abbreviation "LLC," "LC" or the designation "LLC" or "LC."
- It must be distinguishable from other business registered with the Secretary of State of Kansas. You can check to see whether your business name is already in use here: https://www.kansas.gov/bess/flow/main?execution=e1s1.
- The business name may contain the name of a member or manager.
- The business name may contain the words "company," "association," "club," "foundation," "fund," "institute," "society," "union," "syndicate," "limited" or "trust."
- Pay the filing fee of $35 to register your business name.
3
Choose members/managers, if applicable. Kansas allows single member LLCs or you can choose to form the business along with other partners/members. You should consider the following when deciding whether to have additional members:
- If you are creating a professional LLC, members must be licensed to practice the same type of profession as the LLC.
- It may be beneficial to have at least one other member in the LLC since this should prevent a court from liquidating a single member LLC to satisfy an individual’s debts.
- Multi-member LLCs are required to file partnership tax returns, which can sometimes be very complex.^{[1]
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4
Apply for an Employer Identification Number. An Employer Identification Number (EIN), also known as a federal tax identification number, is used to identify businesses for tax purposes.
- Kansas requires that LLC with members obtain an EIN.
- A single member LLC in Kansas must obtain an EIN if the business will have employees or if you want to file your business taxes as a corporation rather than a sole proprietorship.^{[2]
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- You can apply online for an EIN here: https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein.
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Part 2

Part 2 of 3:

Filing LLC Documents

Every LLC in Kansas must maintain a registered agent in the state. A registered agent may be an individual or another entity that is tasked with accepting service of process for lawsuits for the LLC.^{[3]
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Research source} The LLC must maintain a registered office in Kansas with a registered agent. This office does not have to be the LLC’s primary place of business.
2
Complete Articles of Organization for LLCs formed in Kansas. In order to form an LLC in Kansas, the LLC must draft an Articles of Organization. Kansas provides a form for LLCs to complete in order to satisfy this requirement. The form is located at https://www.sos.ks.gov/forms/business_services/DL.pdf. You must include the following information in the Articles of Organization:
- The name of the LLC and the address of its registered office.
- The name and address of the resident agent for service of process.
- The LLC’s mailing address.
- The signature of a person authorized to form the LLC.
- The $165 filing fee.
3
File Articles of Organization. Once you have completed the Articles of Organization, the original signed copy of the Articles must be filed with the Secretary of State. Once the Secretary receives the filing, the Secretary will:
- Certify that the Articles were filed in the Secretary of State's office by stamping the original Articles with the word "filed" and the date and hour of the filing.
- Record the endorsed document in an electronic format.
- Return the original document, certified as a true copy of the recorded document, to the person who filed it or such person's representative.
- Professional LLCs must also file with the Secretary a certificate by the appropriate professional licensing body that all members are licensed to practice that profession, and that the proposed company name was approved.
4
Register as a Foreign LLC in Kansas, if applicable. Since Foreign LLCs were organized under the laws of another state or country, the do not have to file Articles of Organization. These LLCs do have to submit a Foreign Limited Liability Company application located at http://www.kssos.org/forms/business_services/FL.pdf. The application requires the following information:
- The name of the foreign limited liability company.
- The state or other jurisdiction or country where organized and the date of organization.
- A certificate of good standing from the organizing jurisdiction.
- A description of the nature of the business that will be conducted in Kansas.
- The address of the registered office and the name and address of the resident agent for service of process.
- Written consent submitting the LLC to Kansas legal jurisdiction.
- The name and business, residence or mailing address of each of the members/managers.
- The date on which the foreign limited liability company first did, or intends to do, business in Kansas.
- A filing fee of $165.
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Part 3

Part 3 of 3:

Complying with Ongoing Reporting Requirements

1
File annual report. All LLCs are required to submit an annual report in writing to the Secretary of State by the last day of its tax period. The annual report must include:
- The name of the limited liability company.
- A complete list of the members owning at least 5% of the capital of the company and the post office address of each member.
- The signature of a member of the LLC, under penalty of perjury.
- A filing fee of $40.
2
Pay Franchise Tax, if applicable. Any LLC with taxable equity, net capital accounts, income as reported on a federal partnership return, or corpus amounting to more than $1 million, must pay a franchise tax. The tax is calculated at $0.3125 per $1000 and is due the 15th day of the fourth month after the close of the tax year.^{[4]
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- The franchise tax can be filed electronically at http://www.ksrevenue.org/kswebtax.html.
3
Comply with tax requirements. LLCs in Kansas are taxed as partnerships unless they are classified differently for federal income tax purposes. In order to determine what taxes your LLC may be subject, you should complete and submit a Kansas Business Tax Application located at: http://www.ksrevenue.org/pdf/cr16.pdf. Your business may be subject to the following types of tax liability:
- Sales Tax.
- Liquor Tax.
- Water Protection/Clean Drinking Water Fee.
- Consumers’ Compensating Use Tax.
- Tire Excise Tax.
- Federal and State Income Tax.
- You can register for and pay your business taxes online at http://www.ksrevenue.org/forms-btreg.html.
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Tips

You should consider hiring a business tax accountant to help you determine your tax liabilities and how to file them.

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You should consider drafting an operating agreement for all members. While not required by Kansas law, it may prevent disagreements about business structure and manager responsibilities.

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