Articles of Organization in Kansas | How to File in 2024

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File Articles of Organization in Kansas

Forming a Limited Liability Company (LLC) in Kansas is popular for entrepreneurs looking to start or grow their businesses. LLCs offer numerous benefits, including limited liability protection for their owners and flexible management structures. One of the critical steps in forming an LLC is filing the Articles of Organization with the Kansas Secretary of State. This article will provide a comprehensive guide on How to File Articles of Organization in Kansas.

Webinarcare Editorial Team will help you understand the necessary steps to file for Articles of Organization. It would be best if all the factors in this article guided you.

How to File Articles of Organization in Kansas

What is Articles of Organization?

Articles of Organization is a legal document filed with the Kansas Secretary of State to establish a Limited Liability Company (LLC) officially. The Articles of Organization contains essential information about the LLC, including its name, Registered Agent, and management structure. Once filed and approved by Kansas, the LLC becomes a legally recognized business entity, separate from its owners, and benefits from limited liability protection and pass-through taxation.

The Articles of Organization typically contains the following information:

  • Company name
  • The effective date of the company
  • The headquarters of the company
  • The company’s goal
  • The period of the company’s operations
  • Copy of the name registration certificate for the company
  • Registered Agent’s and organizers’ names and addresses
  • At least one company employee

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How to File Articles of Organization in Kansas?

Aside from hiring a Registered Agent, you should also be aware that a Registered Agent should file Articles of Organization in your Kansas LLC. Here are the steps and guidelines for filing.

Step 1: Choose a Name for Your LLC

The first step in registering an LLC Articles of Organization is selecting a unique and appropriate name for your company. Your LLC’s name must comply with your state’s naming requirements, which typically include the following:

  • The name must be distinguishable from other registered business names in the state.
  • The name must include an LLC designator, such as “Limited Liability Company,” “LLC,” or “L.L.C.“
  • The name must not include prohibited words or phrases defined by your state’s regulations.

To ensure your chosen name is available through your state’s business name database, Kansas Secretary of State Business Entity, usually available on the Kansas Secretary of State’s website.

Step 2: Appoint a Registered Agent

Registered Agent is a person or entity responsible for receiving official correspondence and legal documents on behalf of your Kansas LLC. Most states require LLCs to designate a Registered Agent when filing the Articles of Organization. The Registered Agent must have a physical address in the state and be available during regular business hours.

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business.

You can serve as your own Registered Agent, appoint a friend or family member, or hire a professional Kansas Registered Agent Services.

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Step 3: Prepare Your Articles of Organization

The Articles of Organization is the legal document that officially establishes your Kansas LLC. While the specific requirements in Kansas, the document includes the following information:

  • The LLC’s name
  • The name and address of the Registered Agent
  • The principal office address
  • The purpose of the LLC
  • The management structure (member-managed or manager-managed)
  • The names and addresses of the initial members or managers
  • The duration of the LLC, if not perpetual

In Kansas, additional information may be required, such as an organizer’s signature or specific provisions related to the LLC’s operation.

Consult the Kansas guidelines to ensure you include all necessary information.

Step 4: File the Articles of Organization

Once your LLC Articles of Organization is prepared, please submit it to the Kansas Secretary of State. The submission process may vary depending on the method of choice; Kansas allow online submissions and mailing or hand-delivering the documents.

Online Process

To use the online service or download the Articles of Organization form for your LLC, go to the website of the Kansas Secretary of State. You were required to have an LLC name reserved while completing the form. Visit the Kansas Business Name Search to see if the business name you want to use is available there. You must include a copy of your name reservation and your completed Articles of Organization form when submitting.

Mail Process

It is also possible to mail the form if you wish. Please adhere to the guidelines listed below.

  • The Articles of Organization must be downloaded in the Kansas Secretary of State
  • Complete the necessary details in the form.
  • Two copies of the Articles of Organization must be completed.
  • Include the two papers with the Kansas LLC name reservation certificate in a self-addressed, stamped envelope.
  • Submit all paperwork to Kansas Office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612.

Costs of Filing Articles of Organization

Along with the filing of Articles of Organization, you must pay a filing fee. In Kansas, the Articles of Organization fee costs around $165 which you can pay in the Kansas Secretary of State. Confirm the correct fee amount and payment method for your state.

However, If you want to know more about the cost of forming an LLC, you can check out Kansas LLC Cost.

Step 5: Obtain an Employer Identification Number (EIN)

After your Articles of Organization has been filed and approved, you should obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS). The EIN is a unique identification number used for federal tax purposes. It is required for most LLCs, especially those with employees or elect to be taxed as an S-Corporation. You can apply for an EIN for free online through the IRS website.

The application of an EIN in Kansas can be through the following:

  • Apply Online- The online EIN application is the preferred method for customers to apply for and obtain an EIN.
  • Apply by Fax- Taxpayers can fax the completed Form SS-4 application to the appropriate fax number), after ensuring that the Form SS-4 contains all of the required information.
  • Apply by Mail- The EIN application Form SS-4 can be filed via mail. The processing time frame to receive the mail is four weeks.
  • Apply by Telephone-International Applicants – International applicants may call 267-941-1099 (not a toll-free number) from 6 a.m. to 11 p.m. (Eastern Time) Monday through Friday to obtain their EIN.

Recommended: Professional services have the EIN included in their LLC formation package. We recommend using –

LegalZoom – ($0 + State Fee for LLC formation)

Step 6: Create an Operating Agreement

Although most states do not require an LLC Operating Agreement when registering an LLC, having one is highly recommended. The Operating Agreement in Kansas is a legally binding document that outlines the LLC’s ownership structure, management, and operating procedures. It helps prevent member disputes and provides a clear framework for the LLC’s operations.

Step 7: Register for State and Local Taxes and Licenses

In Kansas, you may need to register for additional state and local taxes or obtain specific licenses and permits. Common registrations include sales tax, payroll tax, and unemployment insurance tax. As an LLC, your business income will be subject to pass-through taxation, meaning profits and losses will be reported on your tax return. However, you may still be responsible for other state taxes, such as sales tax, payroll tax, or franchise tax which you can pay in Kansas Department of Revenue.

In terms of franchise tax for your LLC in Kansas, there is No franchise tax. Consult your Kansas Department of Revenue and local government offices to determine which registrations and licenses apply to your LLC.

Step 8: Maintain Ongoing Compliance

Once your LLC is registered and operational, it’s essential to maintain ongoing compliance with state regulations. This typically includes filing Annual Reports in Kansas, paying required fees every 1 year, and keeping accurate records of your LLC’s activities. Stay informed about Kansas specific requirements to ensure your LLC remains in good standing.

Is the Articles of Organization necessary to be filed in Kansas?

Yes, the Articles of Organization is necessary to be filed with Kansas Secretary of State to legally establish and register a new business entity, such as a corporation or limited liability company (LLC). This document typically includes the company’s name, purpose, Registered Agent, and stock structure. Filing the Articles of Organization is essential in forming a business and ensuring it operates legally and is recognized by Kansas.

What is the best way to file Articles of Organization? Is it online or by mail?

The best way to file Articles of Organization depends on your specific situation and the state in which you are incorporating your business. Both online and mail-in options have advantages, and either method can be effective.

Online Filing:

  • Faster processing time, as it is usually processed within a few days or even hours.
  • Immediate confirmation of submission and payment.
  • Lower risk of errors, as the online form may provide guidance and prevent incomplete submissions.

Mail-in Filing:

  • Some people prefer the traditional method and feel more comfortable with paper documentation.
  • You can include a cover letter or additional documentation if you have specific questions or complex situations.

To determine the best method for your needs, check the Kansas Secretary of State or similar department’s website for information on their preferred filing options and processing times. Online filing is more convenient and efficient, but both methods can be used effectively to submit your Articles of Organization.

FAQs

What is an LLC?
LLC stands for Limited Liability Company – it is a business entity type that combines the liability protection of a corporation with the ease of administration of a partnership.
How do I file an Articles of Organization for LLC in Kansas?
You can file for Articles of Organization for LLC in Kansas by filing online or by mail.
Can individuals file for the Articles of Organization in Kansas?
Yes, individuals can file for the Articles of Organization in Kansas.
How much does it cost to file Articles of Organization for LLC in Kansas?
The fee to file the Articles of Organization for LLC in Kansas is $165.
What is the processing time for Articles of Organization in Kansas?
It usually takes around four to seven business days for the state to process the Article of Organization in Kansas.
Can I file the Articles of Organization online in Kansas?
Yes, Kansas allows for online filing of the Articles of Organization
What details are required to be included in the Articles of Organization document for LLC in Kansas?
Key elements that need to be included are
Do I need to appoint a registered agent in Kansas for my LLC?
Yes, you need to appoint a registered agent in Kansas when filing the Articles of Organization.
Can the Registered Agent be an LLC member or the owner of the business?
Yes, the Registered Agent can be an LLC member or owner of the business in Kansas.
Can a foreign entity form an LLC in Kansas?
Yes, Foreign entities are allowed to form LLCs in Kansas.
How long does the LLC stay active after filing for the Articles of Organization in Kansas?
In Kansas, LLCs remain active unless they are voluntarily dissolved by a voting of its owners, regulatory desolution or in some other cases.
Can the registered agent of an LLC be a lawyer?
Yes, an LLC’s registered agent can certainly be a lawyer as long as he or she is properly licensed in their home state.
Can I add members to my LLC in the Articles of Organization?
Yes, LLC members can be added to the Articles of Organization in Kansas.
What types of entity name could be rejected for LLC in Kansas?
LLC applications are likely to be rejected for names if identical to existing businesses, if too similar to the state’s names, if choices are obsene or violate trademark/copyright.
Do I need an attorney to form an LLC in Kansas?
No, forming an LLC by an attorney iss not mandatory, owners can do it themselves, however hiring one could make the process more efficient.
Can I change the name or details on the Articles of organization in Kansas?
Yes, changes on Articles of Organization can be made with a Name Reservation Form.
Do I always need to supplement my Articles of Organization with Bylaws?
Operating agreements may not necessarily be required, but recommended for recordkeeping purposes.
Is a tax ID number necessary?
A federal tax ID number is not necessary to form an LLC, but will be necessary to open a bank account and for government purposes.
Is there a need to re-issue any document after it’s been filed?
“No, alterations to submitted LLC documents, articles, etc., are advised only by notices sent by email requesting an amendment via file Resync through the filing company’s inbox.
How do I find out if my LLC name is available?
The availability of the name can be check verified by navigating through the filing process.
Can I change the Registered Agent of my LLC in Kansas?
Change of registered agents on LLCs in Kansas would only occur through formal documentation filed specifically for designated purposes.
Can operating agreements function independently as company records?
Yes, operating agreements/ record books are essentially primares for records..
What happens after I apply for an LLC?
After completion of processing the a state governing authority would obtain proff on publication for frequency, taglines and responsible statement as required.
Should LLC owners obtain business insurance?
It is highly suggested owners possess enough insurance coverage to defend utilizing the remedy towards their individual property.
Are there monthly/yearly statements needed for an LLC operating in Kansas?
Staying transparent with Government bodies in submission of forward-looking statements offers overall trust & enhanced consideration from perspective or future businesses.
What is the difference between LLC and LLP in Kansas?
LLP stands for Limited Liability Partnership, Alternative business entity which differs in tax requirements and executive makeup besides Uniform Liability Policies.
Do I need a Certificate of Existence for LLC?
Not exactly, rather Forms and Adequate Acquisition documents (Operating Agreement/Form 3 attached, Consent and etc) suffice for compliance.
What do I do to reinstate my LLC after dissolving?
Revive state creations dissolve mechanism to restore the LLC franchise either by filing taxable returns or enticing social leads etc
What does Article of Organization mean in Kansas?
In Kansas, Articles of Organization refer to the legal document filed with the Secretary of State to create a new Limited Liability Company (LLC).
Who can file Articles of Organization for an LLC in Kansas?
Anyone who is at least 18 years old can file Articles of Organization for an LLC in Kansas.
How much does it cost to file Articles of Organization for an LLC in Kansas?
The filing fee for Articles of Organization for an LLC in Kansas is $165.
What is the processing time for filing Articles of Organization for an LLC in Kansas?
In Kansas, LLC Articles of Organization are usually processed within 3-5 business days.
Can I file Articles of Organization for an LLC online in Kansas?
Yes, you can file Articles of Organization for an LLC online in Kansas.
What information is required to file Articles of Organization for an LLC in Kansas?
In Kansas, you need to provide the name of your business, the names and addresses of members/managers, a registered agent, and the Payment/Information Cover Sheet.
How do I choose a name for my LLC in Kansas?
To avoid legal issues, you should choose a unique name, and it must include the terms “LLC,” “L.L.C.,” or “Limited Liability Company.”
Do I need a registered agent for my LLC in Kansas?
Yes, every LLC in Kansas is required to have a registered agent, who must have a physical address in the state.
Can I be my own registered agent for my LLC in Kansas?
Yes, you can be your own registered agent for your LLC in Kansas, but you must have a physical address in the state and be available during regular business hours.
How do I obtain an Employer Identification Number (EIN) for my LLC in Kansas?
To apply for an EIN for your LLC in Kansas, you must go to the Internal Revenue Service (IRS) website and apply online.
How soon can I start doing business after filing Articles of Organization for my LLC in Kansas?
Your LLC can start doing business as soon as your Articles of Organization are approved and a certificate of organization is issued.
Is an Operating Agreement required for an LLC in Kansas?
No, Operating Agreement is not required by Kansas law, but it’s highly advisable.
What is the purpose of an Operating Agreement for an LLC in Kansas?
Operating Agreement is a legal document that outlines the owners’ roles and responsibilities and helps avoid disputes among LLC members.
How do I amend my Articles of Organization for my LLC in Kansas?
To amend your Articles of Organization for your LLC in Kansas, you must file the appropriate forms and pay the appropriate fees.
Can I convert my business from a sole proprietorship to an LLC in Kansas?
Yes, you can convert your business from a sole proprietorship to an LLC in Kansas by filing the appropriate documents and fees.
Do I need to file Annual Reports for my LLC in Kansas?
Yes, all LLCs in Kansas need to file Annual Reports, and the fee for it is $50.
What are the consequences of not filing Annual Reports for my LLC in Kansas?
Your LLC will lose its Good Standing status if you fail to file Annual Reports on time, resulting in administrative dissolution.
Can I dissolve my LLC in Kansas by withdrawing my money from the business account?
No, you need to legally dissolve your LLC by filing the dissolution documents with the Kansas Secretary of State.
How do I withdraw my LLC from doing business in Kansas?
You can withdraw your LLC from doing business in Kansas by filing the Withdrawal of Foreign LLC form with the Kansas Secretary of State.
Will my LLC be taxed differently based on the type of management structure chosen in Kansas?
No, Kansas LLCs are not taxed differently based on their type of management structure.
How do I change my LLC’s name in Kansas?
You can change your LLC’s name in Kansas by filing Articles of Amendment with the Secretary of State and paying the appropriate fees.
Can another business have the same name as my LLC in Kansas?
No, to avoid legal issues, you should choose a unique name for your LLC in Kansas.
How do I check if my LLC name is available in Kansas?
You can check the availability of your LLC name in Kansas’s online business entity database.
Can I operate multiple businesses under one LLC in Kansas?
Yes, you can operate multiple businesses under one LLC as long as they all fall within the LLC’s registered business ‘Purpose’.
How Long does it take to get an EIN number in Kansas?
You should receive your EIN as soon as you finish the online application, though this may vary for those applying by mail.
What happens after I file the Articles of Organization for my LLC in Kansas?
Your application will be reviewed by the Department of Commerce, and you will receive a Certificate of Organization if approved.
Are Kansas LLC’s subject to franchise tax?
No, Kansas LLCs are not subject to a franchise tax.
Can an LLC be created without the State of Kansas?
While Kansas has unique regulations regarding LLCs, you can form an LLC with paperwork submitted elsewhere.
What is the minimum age for forming an LLC?
The age requirement to form an LLC in Kansas is 18 years.

Also Read

Can You Change or Modify Your Kansas LLC Articles of Organization?

One common reason a business owner may need to change their Kansas LLC Articles of Organization is due to a change in the business name. Whether the name no longer accurately reflects the nature of the business or the owner simply wants a rebrand, amending the articles to reflect the new name ensures that the business is legally recognized under the correct moniker. Additionally, changes to the company’s address, management structure, or purpose may also necessitate updates to the Articles of Organization.

The process of amending the Articles of Organization in Kansas is relatively straightforward but requires careful attention to detail to ensure that the changes are properly documented and filed. To begin the amendment process, the LLC owner must file a Certificate of Amendment with the Kansas Secretary of State. This document will detail the specific changes being made to the Articles of Organization and must be signed by an authorized member of the LLC.

It is important to note that any changes made to the Articles of Organization must be approved by a majority vote of the LLC members. This ensures that all stakeholders are in agreement with the proposed modifications and are fully informed about how the changes will impact the business.

In some cases, changes to the Articles of Organization may be required by law. For example, if the business undergoes a significant change in ownership or structure, it may be necessary to update the articles to reflect these changes. Failure to do so could result in legal complications and could jeopardize the LLC’s good standing with the state.

While the process of amending the Articles of Organization may seem like a hassle, it is an important step to ensure that your business remains compliant with state regulations and accurately reflects the current status of the company. By taking the time to carefully review and update your Articles of Organization as needed, you can avoid potential problems down the road and ensure that your business continues to operate smoothly.

In conclusion, the ability to change or modify your Kansas LLC Articles of Organization is a valuable tool that allows business owners to adapt to changing circumstances and ensure that their company remains in good standing with the state. By understanding the process of amending the articles and taking the necessary steps to make changes as needed, LLC owners can protect their business and set themselves up for success in the long run.

Conclusion

Registering an LLC Articles of Organization is critical in establishing your business as a legally recognized entity. By following this comprehensive guide and researching your state’s specific requirements, you can successfully navigate the registration process and set your LLC up for success. Remember that forming an LLC is just the beginning; ongoing compliance and diligent management are necessary to ensure your business thrives in the long run.

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