How to start an LLC in Kansas in 2024

When starting a new business in Kansas, a popular business structure is a limited liability company or LLC. This structure reduces members’ personal liability around their assets in the event the LLC is sued or incurs debt. Members are only responsible for their share in the business, not partners’ shares. Creating an LLC can be a smart move if you’re just getting your business off the ground. 

The process for creating an LLC varies by state. To start an LLC in Kansas, follow these steps:

• Create a KanAccess account.
• Choose a business name.
• Select a registered agent.
• Submit your articles of organization.
• Obtain an EIN.
• Create an operating agreement.
• Maintain your LLC status.

This guide breaks down the steps to start an LLC in Kansas, including the resources that can help you along the way. 

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7 steps to start an LLC in Kansas

1. Create a KanAccess account 

If you want to start an LLC in Kansas, create a KanAccess account. You will need this account to complete key LLC formation steps, such as reserving a business name and filing business formation documents, annual reports and more. You can register online by providing your:

• First name.
• Last name.
• Email address.
• Password.

Then, sign into your account and check your email. You will receive an email confirmation with a link to complete your account setup. Click the link and follow the instructions to finish setting up your account. 

2. Choose a unique name for your Kansas LLC

Before forming your business, you must choose a unique name for your company. Your business name should reflect what your business does — and why it exists. In other words, it should showcase the services you provide or the goods you sell. 

Per Kansas’s LLC naming guidelines, before ensuring your name’s availability, it cannot include any of the following words: 

• Association.
• Chartered.
• Church.
• Club.
• College.
• Company.
• Co, corporation or corp.
• Foundation.
• Fund.
• Incorporated or inc.
• Institute.
• LTD, LP, limited partnership, limited liability company, LLC, registered limited liability partnership, limited liability partnership.
• Professional association or PA.
• PBC.
• RLLP.
• Society.
• SPBLLC.
• Syndicate.
• Union.
• University.
• Words alleging the company’s purpose is something other than it is (such as using the word “bank” if the LLC is not a bank).

Once you’ve established a name for your LLC, it will include “limited liability company” at the end or the shortened version, “LLC.” However, when searching to ensure name availability, do not include “limited liability company,” “LLC,” “limited company,” “LC” or “limited.”

Your name must be considered “distinguishable” from the names of other Kansas businesses. For example, using a plural version or numbers instead of the spelled-out version (1 versus one) is acceptable as a distinguishing factor. However, certain symbols, such as backslashes and underscores, can’t be used to distinguish a name. 

Once you’ve brainstormed a name (or, preferably, a few names), ensure at least one is available. You can do so via the following search methods: 

• Check the secretary of state’s website: Use the Kansas secretary of state’s name availability tool to see if another Kansas-based business is already using the name. Also, search for the name using Kansas’s business entity database search tool.
• Check its trademark status: Check to ensure the name is not trademarked for national protection against infringement. You can do so by searching the United States Patent and Trademark Office’s trademark electronic search system (TESS). 
• Check online: Before committing to one name, check to ensure the domain name is not already in use and review the availability of its social media handles. This ensures you can properly market the name after forming your LLC. 

Once you’ve settled on an available name, you can reserve it online at the Kansas business filing center to ensure it remains available until you officially form your LLC. To reserve the name for 120 days, you must pay a $30 non-refundable fee. However, if you’re ready to file your articles of formation (see step four), you can skip this step to save money. 

3. Select a registered agent 

Before forming an LLC in Kansas, you must select a registered agent. A registered agent, often referred to as a resident agent in Kansas, is either an individual or a business entity you appoint to receive business documents on your LLC’s behalf. Often referred to as service of process, such documents include government or legal paperwork sent by mail. 

Kansas registered agents must meet the following criteria:

• Physical address in Kansas: The registered agent must have a registered office in the state of Kansas. This must be a physical address, and P.O. boxes aren’t accepted. 
• At least 18 years of age: If the registered agent is an individual instead of a resident agent service, the person must be at least 18 years of age. 
• Available during business hours: Generally, registered agents are required to be available to accept documents during all regular local business hours. This means individuals acting as registered agents cannot leave the listed registered agent address for paid time off, sick leave or travel during business hours. 

These requirements can be inconvenient for busy business owners, so many LLCs hire a registered agent service provider to carry out their registered agent duties. For example, Northwest Registered Agent offers registered agent services for $125 per year, and Swyft Filings‘ registered agent services are $199 per year. Bizee is another affordable option that includes registered agent services at no cost for the first year if you use the provider for business formation services.

Hiring a registered agent service can provide the following:

• Privacy: If you have a home-based business and serve as your own agent, acting as your registered agent puts your home address in public registered agent databases. Hiring a service provider helps to keep your address private since your registered agent address will be that of your provider, not yours.
• Essential communication and alerts: Hiring a registered agent service can help you stay on top of your important business mail, filing requirements and deadlines. Many of the top registered agent service providers scan and upload these documents to your personalized online portal, then alert you by mail, text or email that the documents need your attention. Some even provide a calendar that alerts you of important filing deadlines. 
• Flexibility: By hiring a registered agent service, you can leave the office to meet with a client or travel as needed, knowing your legal obligation to receive important paperwork is being fulfilled elsewhere.
• Reputation management: If you act as your own registered agent, embarrassing paperwork, such as notices you’re being sued, could be delivered to your business in front of clients or employees. Hiring a registered agent service prevents such scenarios. 

To find the best registered agent service for your business, review various providers and compare fees, features, user reviews and customer service options. Read our registered agent services guide to get started. 

4. Submit your articles of organization

Filing your Kansas limited liability company articles of organization form is integral to starting a business in Kansas. Your articles of organization document the legal formation of your Kansas LLC. In preparation for filling out this form, gather the following information: 

• Your LLC’s name and mailing address. 
• The name of your registered agent. 
• Your tax closing month (December is the default month). 
• The signature of one or more authorized individual(s) within your LLC. 
• Your credit card information or a check or money order to cover the $160 to $165 filing fee.
• The date you wish your LLC to form (also known as the effective date). 

Once you’ve gathered this information, you can fill out the form. Before submitting it, double-check that every box is filled out correctly. To be accepted, all requested items must be filled out, and the exact filing fee must be included. 

If you want to save money on printing, mailing and filing fees, you should file your articles of organization online using your KanAccess account. Filing online costs $160, whereas printing and mailing the form has a slightly higher filing fee of $165. 

If you submit your articles of organization using KanAccess, you can print copies for your personal records. However, you must print them right away, as you won’t have the option to do so later. 

New LLC reporting requirement alert 

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has implemented a new reporting requirement for all non-exempt LLCs starting on January 1, 2024. 

The requirement is called the Beneficial Ownership Information (BOI) report and it is estimated to only take about 20 minutes to complete. 

Here’s what you need to know:

• LLCs formed before January 1, 2024 have until January 1, 2025 to file.
• LLCs formed between January 1, 2024 and January 1, 2025 have 90 days to file from the confirmed date of the businesses’ registration.
• New LLCs formed after January 1, 2025 will have 30 days to file from the confirmed date of formation.

For all details, FAQs and to file, visit FinCEN’s BOI website. 

5. Obtain an EIN

Once you submit your articles of organization, you need to obtain a federal tax ID for your business. This number is referred to as an employer identification number or EIN. You can apply for an EIN using the IRS website for free. Once you submit the form, you will immediately receive a confirmation with your EIN. 

When filling out the EIN application, you’re considered the “responsible party” and must provide your name and Social Security number (SSN). 

Note: You must apply for an EIN in one sitting. You cannot save the application to finish later. 

6. Create an operating agreement

Setting up an operating agreement is required whether you’re a single-member LLC or have multiple members. It’s not mandatory to file one with the state of Kansas, but it is mandatory to create one and keep it with your business documents. An operating agreement sets guidelines and procedures on how your business will operate.

“The operating agreement defines the financial relationship of the members, the management structure, voting rights of members and other details,” says Carolyn Young, business specialist at Step By Step Business. 

Operating agreements can help with the following:

• Legitimizing your LLC status: If you’re a single-member LLC, you want to differentiate yourself from a sole proprietorship with fewer liability protections. Having an operating agreement can add some protections and legitimize your LLC status. 
• Setting guidelines for how the business operates: If you have mulltiple LLC members, it’s crucial to have everything in writing regarding how your LLC will operate. Doing so will serve to guide the resolution of member disputes and even prevent them. 
• Protecting your business: If there is no operating agreement in place, state laws govern how you run your business. Creating an operating agreement gives you the final say in how your LLC operates and prevents outside forces from making key decisions about your business. 

To simplify the process, you can use an operating agreement template. For example, Rocket Lawyer has an operating agreement template that’s free to use if you sign up for a free account. If you use a business formation service, an operating agreement may be included, depending on your plan. For example, ZenBusiness includes operating agreements in its Pro and Premium plans but charges $125 otherwise. 

Young adds: “You can find templates online, but it’s often wise to have an attorney draw it up, which may cost several hundred dollars.” Some business formation services also offer legal counsel, including Rocket Lawyer and LegalZoom. 

7. Maintain your LLC status 

Once your LLC is set up in Kansas, stay on top of other business matters to ensure your LLC status remains intact. These include required tasks such as filing annual reports, paying taxes and obtaining required business licenses.

Here are some Kansas LLC maintenance requirements:

• Submit annual reports: Kansas-based LLCs must submit an annual report by April 15 each year. This form updates the state of Kansas on pertinent business information, such as your current members and their ownership shares. Filing online using KanAccess costs $50, while mailing in the form costs $55. 
• Pay business taxes: Sign up with the Kansas department of revenue to pay business taxes. A questionnaire will determine the business taxes you must pay. 
• Obtain business licenses (as necessary): Depending on the type of business, you may need a license or permit. For example, if your LLC is an adult assisted living facility, serves alcohol or provides real estate appraisal, medical or firearm training services, you need a business license. The Kansas licenses and permits page offers a long list of businesses needing business licenses and contact information for obtaining them. 

Featured LLC service offers

ZenBusiness

Learn More

Via ZenBusiness’ website

Free version available

Yes

Lowest published package price

$199

Live chat

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LegalZoom

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Via LegalZoom’s website

Free version available

Yes

Lowest published package price

$249

Live chat

Yes

Northwest Registered Agent

Learn More

Via Northwest’s website

Free version available

No

Lowest published package price

$39

Live chat

Yes

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