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Kansas LLC
Articles of Organization Instructions
In this lesson, we will walk you through filing your Articles of Organization with the state. This is the document that officially forms your Kansas LLC.
(Kansas Secretary of State, Business Filing Center Building)
You can file your Kansas Articles of Organization by mail or online.
If you file by mail, the state fee is $165 and the approval time is 3-5 business days.
If you file online, the state fee is $160 and the approval time is 24 hours.
You will find instructions below for both filing by mail and filing online. We recommend filing your Kansas Articles of Organization online as it’s cheaper and the approval time is much faster.
Note: Before proceeding with this lesson, make sure you have searched your LLC name and selected your LLC’s Kansas Resident Agent.
Northwest ($39 + state fee) or LegalZoom ($149 + state fee)
(check out Northwest vs LegalZoom)
Instructions for Filing Kansas Articles of Organization by Mail
Download Articles of Organization (Form DL):
https://www.sos.ks.gov/forms/business_services/DL.pdf
Note: Fill the form out on your computer or by hand (using a blue or black pen). Print on regular white paper (8.5” x 11”). Read the instructions on the first page before completing your form.
1. Name of your LLC
On the first line, enter your LLC name exactly as you would like it, including your preferred capitalization, as well as the designator “LLC” or “L.L.C.” (the abbreviation “LLC” is the most common).
You can use a comma in your Kansas LLC name or you can leave it out. Ex: “ABC Widgets, LLC” and “ABC Widgets LLC” are both acceptable.
2. Resident Agent
Enter the name and street address of your Kansas Resident Agent. PO Boxes are not allowed. Your Kansas Resident Agent can be an individual, your own LLC, or another company that you hire (called a Commercial Resident Agent).
If your Resident Agent is an individual, they must be a resident of Kansas. If your Resident Agent is a company, they need to be authorized to do business in the state.
Note: if you’re not sure who can serve as your Kansas LLC’s Resident Agent, please refer to this lesson: Kansas LLC Resident Agent.
3. Mailing Address
Enter your name and your LLC’s mailing address. This address can be your home address, an office address, or the address of your Resident Agent.
4. Tax Closing Month
The tax closing month determines your LLC’s fiscal year and how accounting and taxes are managed.
Most people (and over 90% of the LLCs in Kansas) run on a January-to-December fiscal year. If that is the case for you, enter “December” in the box.
If your LLC will run on a different fiscal year, then enter that closing month here.
5. Effective Date
Check off the first box (“upon filing”) if you want your LLC to be effective upon filing. This means your LLC will go into existence on the date it is filed with the Kansas Secretary of State.
If you need your LLC to go into existence at a later date, check off the second box and enter that date (it can’t be more than 90 days out).
Tip: If you’re forming your LLC in October, November, or December, and you don’t need your business open during those months, forward date your filing to January 1st. This will save you the hassle of filing tax returns for those 1-3 months. For more information, please read LLC effective date.
6. Signature
Sign your name and enter today’s date.
Prepare Payment:
Prepare a check or money order for $165, made payable to “Secretary of State”.
Mail Documents:
Send your completed Articles of Organization and $165 filing fee to:
Secretary of State
Memorial Hall, 1st Floor
120 SW 10th Avenue
Topeka, KS 66612-1594
Approval:
The Kansas Secretary of State will process and approve your LLC within 3-5 business days. You’ll receive the following documents returned by mail: a Welcome Letter and a Certified Copy of your Articles of Organization.
Instructions for Filing Kansas Articles of Organization Online
Tip: The state’s online filing system doesn’t have a back button. Make sure any information you enter is correct. If you make an error, you’ll have to start at the beginning again.
Register for KanAccess
1. Go to KanAccess: https://www.kansas.gov/user/login, then click the “Sign Up” button.
2. Enter your name, email address, and create a password. You can ignore the “Kansas.gov subscriber” check box (unless you have an account). Then click “Sign Up”.
Tip: your password must be at least 8 characters, and must include at least 1 uppercase letter, 1 lowercase letter, 1 number and 1 special character. We recommend keeping your login credentials in a safe place.
3. The state will send you an email with an activation link. Please check your email and click the activation link. You will be re-directed to a KanAccess success page. Click “the next step” link to proceed.
Note: if “the next step” link does not appear, use this link: https://www.kansas.gov/ump/
Complete your Articles of Organization Online
Get Started:
• From the KanAccess welcome page, choose”Kansas Business Center” from the drop down menu and click “Submit”.
• On the left, click “Business Entity Formation (AOI)”.
• You’ll then be asked about linking an existing Kansas Business Center account (the language is a little confusing). If this is your first time registering with the Secretary of State, select “No” and then click “Continue”.
Select Payment Method
Select “Pay As You Go with Credit Card/Electronic Check (ACH)” and then click “Continue”.
Select Your Filing
In the left column, select “Kansas limited liability company” and then click the “Continue” button.
LLC Name
The next page’s layout is a little confusing and is trying to inquire as to whether or not you reserved a name ahead of time (which isn’t a requirement by the way).
Most of our readers have not reserved an LLC name ahead of time.
If that’s the case, under the “Name not reserved?” box, enter your LLC name exactly as you would like it, including your preferred capitalization, as well as the designator “LLC” or “L.L.C.” and then click “Continue”.
Note: You can use a comma in your LLC name or you can leave it out. Ex: “ABC Widgets, LLC” and “ABC Widgets LLC” are both acceptable.
On the next page you should see an “is available” message. Click “Continue” to proceed.
Tip: If you receive a “not available” message or you haven’t read our LLC name lesson, please do so first: searching your Kansas LLC name. If the “not available” message appears, it means your LLC name is not distinguishable or unique enough to be approved.
Resident Agent
In the drop down list, choose your LLC’s Resident Agent type.
• If your LLC’s Resident Agent is an individual, select “An individual in Kansas” from the drop down and click “Continue”. On the next page, enter their first and last name, then click “Continue” again.
• If your LLC’s Resident Agent is your LLC itself, select “The business entity you are currently forming” from the drop down and click “Continue”. On the next page, click “Continue” again.
• If you hired a Commercial Resident Agent, select “Registered business entity” from the drop down list and click “Continue”. On the next page, enter your exact Commercial Resident Agent’s name and click “Continue”. Then on the next page, select your Commercial Resident Agent and click “Continue” again.
If you’re not sure of the full business name of your Commercial Resident Agent, click this search link, click “Business Entity Database”, then click “By business entity name”. Enter your Commercial Resident Agent’s name in the box and then click “Search”. Use the full name you see under the “name” column.
If you hired Northwest Registered Agent, their official name in Kansas is Northwest Registered Agent LLC.
Note: if you’re not sure who can serve as your Kansas LLC’s Resident Agent, please refer to this lesson: Kansas LLC Resident Agent.
Registered Office
Enter the street address (must be located in Kansas) of your LLC’s Resident Agent and then click “Continue”. PO boxes are not allowed.
Official Mail
Select the first option if you want your LLC’s official mail sent to your Resident Agent’s address (which may or may not be your own address).
Select the second option if want your LLC’s official mail sent to an address other than the address of your Resident Agent. Then enter the alternative address on the next page.
Organizer(s)
Select whether your LLC’s Organizer is an individual (most LLCs are formed by individuals) or a business from the drop down menu, then click “Continue”. On the next page, enter the Organizer’s name and click “Continue”. On the next page, click “Add Additional” if you have more than one Organizer. If not, click “Continue” to proceed.
Review, Edit, and Confirm
Click the “Show Preview” button to see the information you entered. Review everything for accuracy and check for typos. If you need to make any changes, click on the information that needs to be updated (it should appear as clickable links). If no changes are needed, click the “Continue” button.
Email and Signature
Enter up to 4 email addresses of those you want to be notified of any notices related to your LLC (you are only required to list 1 email). Then enter your full name in the “Signature” box and click “I Agree”. Then on the next page, click “Continue to Checkout”.
Shopping Cart
Click the “Pay by Credit Card” button.
Check Out
Enter your contact and billing information on the next page. Then click “Continue” to submit your payment to the state.
Congratulations, your Kansas LLC has been filed for processing! Now you just need to wait for the Secretary of State to approve your LLC.
Approval:
Wait 24 hours for the Kansas Secretary of State to process and approve your LLC. Once approved, the state will email you a Welcome Letter and a Certified Copy of your Articles of Organization.
You’ll use your Certified Copy of your Articles of Organization and your Federal Tax ID Number to open a business bank account for your LLC (we’ll discuss this in a later lesson).
Next Step
Once you file your LLC’s Articles of Organization, and it’s approved by the Kansas Secretary of State, you can then proceed to the next lesson: Kansas LLC Operating Agreement.
Kansas Secretary of State Contact Info
If you have any questions, you can contact the Kansas Secretary of State at 785-296-4564.
References
4 Comments
To add a member to existing LLC in the state of Kansas do I have to file with the state secretaries office or is this just a simple amendment I can do
Hi Jason, you don’t have to amend the Articles of Organization with the state, since it doesn’t ask for LLC Member info. However, you would need to amend the Operating Agreement and you may want to create an Assignment of Membership Interest Agreement. You may also need to update the Department of Revenue. And if adding an LLC Member changes the tax classification of the LLC, then the IRS will need to be updated too. Hope that helps.
What about when you are looking to withdraw from an LLC that doesn’t have an operating agreement? (We never came to an agreement on an OA but one of the members wants to keep the business name)
Hi Rob, we’d recommend speaking to an attorney to properly document the transfer of your LLC membership interest and you withdrawing as a member. Hope that helps.