How to Form a Kansas LLC in 10 Steps
LLC stands for Limited Liability Company. This is a typical business structure in which profits are passed down to each and every member, and one or more persons can own part of the company. LLCs do not file separate tax returns the way a corporation does. An LLC also reduces the owner(s)’ exposure to liability from company activities.
It’s fairly straightforward to form an LLC. Just follow these steps:
1. Choose Your Company Name.
It is imperative that you choose a unique company name. Other businesses should not have a right to use the name you choose, especially in the state of Kansas. if you’d like assistance in searching for available names. Alternatively, for a fee, SunDoc can run your name search or reserve your LLC name.
2. Understand the LLC Organizer Requirement.
An organizer is the person or company that drafts your LLC. By preparing on-line with us, SunDoc Filings will be your organizer. If you choose to prepare and upload your filing with SunDoc, you can name your own organizer.
3. Decide on a Registered Agent.
The Articles of Organization form requires that you name a registered agent. The registered agent you choose can either be a firm or a person. Take a look at our article, Registered Agent Service, if you’d like additional information about the importance of this step.
4. Choose Your Ownership & Management Structure.
Would you like multiple managers, all members, or one single manager to manage your LLC in Kansas? This is a question you’ll need to answer on the Articles of Organization form.
5. Create an Operating Agreement.
It is possible you will need an operating agreement, depending on your particular entity type. Nearly all LLCs need this important document as it describes the functional and financial decisions that your business will rely upon.
For example, your operating agreement will outline regulations and provisions, rules, internal operations, how you manage working capital, voting and liability, fiduciary restraints, how you payout profits, and many other things.
Because every company’s business owners and unique needs will be different, every company’s operating agreement will be different as well. You can ask an attorney for advice on creating your operating agreement.
6. File the Articles of Organization.
Almost all states require that your LLC file a form that is called the Articles of Organization, or you might hear them referred to simply as Articles. As SunDoc, we are able to file your Articles of Organization on your behalf. This service is especially useful if time is an issue for you or your other LLC members.
Remember that you need to have your company name, address, organizer, registered agent, and management method in order to appropriately file your document. Possibly, you’ll also need member names in order to file.
7. Get an EIN & Open a Business Financial Account.
Congrats! At this point, you have a new LLC, registered with the state of Kansas. Any LLC with more than one member now needs to file for an EIN with the IRS. This will be your Employer Identification Number, and you need it whether you employee anyone or not. You can file with the IRS by yourself, or SunDoc can file for you.
An Employer Identification Number is also needed by many banks when you want to open an account that is specifically for businesses. If you have been paying business expenses out of a personal account up until now, it’s time to set up this business account, possibly hire an accountant, and set up all necessary fiscal management as well.
Ensure that you keep all receipts for reimbursement no matter the account you’ve used for payments.
8. Pay Kansas State Taxes.
Every year, your new Kansas LLC might need to pay required fees and taxes to the State of Kansas. This might possibly include your first year of operation. If you sell anything in Kansas, you might be required to collect sales tax. You can locate more state tax information on the State of Kansas’s tax web site.
9. Determine What Permits & Licenses You Need.
If you operate your business without the proper permits and licenses, you risk having to pay expensive fines. Kansas’ business website can help you figure out exactly which business licenses or permits you'll need at both the county and city levels. Even if you think you are exempt from these requirements, you’d likely be surprised to find out what you need to have in order to legally conduct business in your area.
10. File an Annual Report (Biennial Report or Initial List).
Usually you must file an Annual Report, Biennial Report, or other such document soon after forming an LLC in Kansas, and thereafter an updated report every year or two years depending on your state’s requirement. The Annual Report is a simple form that keeps the state up to date on your company information. And down the road when you make changes to your company, it will invariably be one of the forms you’ll need to file with the state.
Filing within the required time frame is essential. There are fees associated with filing late, and in some cases, you'd have to pay up to 10 times the traditional filing fee if you don't file on time. To make things easier, allow SunDoc to reliably file for you on time. Remember that the annual report form and all other necessary forms can be located on the Kansas business web site.
Important Notice: It is beyond the scope of this article to discuss your potential insurance needs, or matters relating to employees. You should consult an attorney or accountant with any questions about legal or financial matters. Please note that nothing in this article can be construed as legal, tax or accounting advice.
For additional learning, please visit our LLC FAQs.
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