Reinstate a Business in Kansas | A Step-by-Step Guide

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Reinstate Kansas Business

Running a business or forming an LLC in Kansas can be a rewarding yet challenging experience. When operating a business, unforeseen circumstances may arise, leading to the suspension or dissolution of the entity. If your business has been suspended or dissolved in Kansas, you do not need to worry. This guide will provide a step-by-step process to Reinstate your Business in Kansas and get back on track.

Webinarcare Editorial Team will help you easily reinstate your Kansas business. You must be guided by all the factors gathered in this article.

How to Reinstate a Business in Kansas

Understanding Dissolution and Suspension

Before diving into the reinstatement process, it’s essential to understand the difference between dissolution and suspension.

Dissolution

Dissolution is the legal termination of a business entity. This can happen voluntarily by the owners or involuntarily by Kansas due to non-compliance with state laws and regulations. When a business is dissolved, it must cease all operations and settle outstanding debts and liabilities.

Suspension

The state can suspend a business entity for various reasons, such as failing to file Annual Reports or paying taxes. When a business is suspended, it loses its right to conduct business within Kansas, and the owners may be personally liable for any debts or liabilities incurred during the suspension period. Hiring a Registered Agent for your documents to be compliant is very important. You could check out the Best Kansas Registered Agent Services in Kansas.

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How to Reinstate a Business in Kansas

In Kansas, reinstating your business needs a lot of preparation, more specifically if it is located in Topeka. To be aware and prepared, we have gathered information on the steps to reinstate your Kansas business. If it is manageable to Dissolve a Business in Kansas, it is also bearable to reinstate your Kansas business. Keep in mind that you should follow the mentioned steps below. 

Step 1: Determine the Reason for Suspension or Dissolution

The first step in reinstating your Kansas business is determining why it is suspended or dissolved. This information can be found in the notice issued by Kansas or by contacting the Kansas Secretary of State. Common reasons for suspension or dissolution include:

  • Failure to file Annual Reports
  • Failure to pay taxes or fees
  • Failure to maintain a Registered Agent
  • Non-compliance with state laws and regulations

Step 2: Resolve Outstanding Issues

Once you have identified the reason for your business’s suspension or dissolution, you must resolve the outstanding issues. This may include:

  • Filing any missing Kansas Annual Reports and paying associated fees. In Kansas, the LLC Annual Reports costs $25 online and $27.5 by mail while the Corporation Annual Report costs $55.
  • Paying any outstanding taxes or fees
  • Appointing or updating your Registered Agent information. 
  • Resolving any non-compliance issues with state laws and regulations

Ensure that you keep records of all payments and documents submitted to the Kansas Secretary of State, as you may need to provide proof of compliance during the reinstatement process. We recommend hiring the Best Registered Agent Services if you plan to reinstate your business. This will ensure that your documents are up to date.

It is suggested that you speak with a legal professional before you begin reinstating your Kansas business. They’ll understand what’s best for you and your company. To safeguard your personal assets from business debts, you can always start an LLC in Kansas.

– WEBINARCARE EDITORIAL TEAM

Step 3: Obtain a Certificate of Good Standing

Certificate of Good Standing is a document issued by Kansas that verifies that your business is in compliance with all state requirements and is authorized to conduct business within the state. Although obtaining a Certificate of Good Standing is not always required for reinstatement, it can be beneficial in demonstrating your business’s compliance and may expedite the reinstatement process.

To obtain a Certificate of Good Standing in Kansas, you will need to:

Get and Submit the Form

The form is available on the Kansas Secretary of State website. You can download the form and mail it or submit it online. 

Online Application Process:
  • Visit the State Website: In Kansas, they offer an online portal for business services, which includes the option to request a Certificate of Status.
  • Register an Account: You may need to create an account or log in to your existing account to access the application process.
  • Provide Required Information and Documentation: The online application typically requires basic information about your business, such as the entity name, identification number, and business type. You may also need to upload supporting documents. 
Paper Application Process:
  • Download and Complete the Appropriate Forms: Visit the Kansas Secretary of State to download the required application forms for the Certificate of Good Standing. Complete the forms, ensuring all information is accurate and up-to-date.
  • Provide Required Documentation: In Kansas, you may need to include copies of your registration documents, Articles of Organization, Annual Reports, or other supporting materials.
  • Mail or Deliver the Application: Once you have completed the forms and gathered the necessary documents, mail or deliver the application package to the Kansas Office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612, along with the required fees.
Pay Any Associated Fees

The fees for obtaining a Certificate of Good Standing cost $15, vary depending on the type of business entity. Some states also offer expedited processing for an additional fee. Check the Kansas Secretary of State website for the most up-to-date fee schedule. The Certificate of Good Standing’s processing time varies from state to state. Also, it depends on the expedited filing as well. It can take a few days to a few months to obtain the Certificate of Good Standing in Kansas.

Provide Proof of Compliance

To prove compliance with state requirements, you must file Annual Reports and pay the necessary taxes.

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Step 4: Submit Reinstatement Application

Once you have resolved all outstanding issues and obtained a Certificate of Good Standing, you can submit your reinstatement application to the Kansas’s Secretary of State. The reinstatement application process may vary depending on the state and the type of business entity (corporation, LLC, etc.).

In general, the reinstatement application process will require:

  • Completing a reinstatement application form is typically found on the Kansas Secretary of State’s website.
  • Providing proof of compliance with state requirements, such as filing Annual Reports, paying taxes, and maintaining a Registered Agent.
  • Pay the reinstatement fee in Kansas. The cost of the reinstatement fee amounts to $89. However, the cost will vary depending on the length of time your Kansas business has been suspended or dissolved.

Step 5: Wait for Approval

After submitting your reinstatement application and all required documentation, you must await approval from the Kansas’s Secretary of State. The processing time for reinstatement applications can vary depending on the Kansas and the complexity of your case. Being patient and prepared to provide any additional information or documentation requested by Kansas during this time is essential.

Step 6: Notify Creditors and Stakeholders

Once your business has been reinstated, you must notify creditors and stakeholders of your business’s renewed status. This may include:

  • Sending a formal letter to creditors and stakeholders informing them of the reinstatement.
  • Updating your Kansas business’s website and social media accounts to reflect the reinstated status.
  • Informing any relevant licensing or regulatory agencies of the reinstatement.

Step 7: Resume Business Operations

After your Kansas business has been reinstated and all relevant parties have been notified, you can resume your business operations. Be sure to maintain compliance with state laws and regulations moving forward to avoid future suspensions or dissolutions.

Reinstating or Creating a New Business?

Whether to reinstate a business or start a new one from scratch depends on several factors specific to your situation. Here are some points to consider when making your decision:

  • Costs: The costs of reinstating and starting a new business can vary significantly. Reinstating a business may involve paying outstanding taxes, fees, and penalties while starting a new business requires registration fees and potential legal costs. Compare both options’ costs to determine which is more financially viable.
  • Business History and Reputation: If your previous business has a strong reputation and established customer base, reinstating it may be more beneficial than starting from scratch. On the other hand, if your Kansas business has a negative history or unresolved legal issues, start fresh with a new business.
  • Time and Effort: Reinstating a business can be a time-consuming process, as you need to resolve outstanding issues, submit a reinstatement application, and wait for approval. Starting a new Kansas business may be faster, as you can register the business and begin operations relatively quickly. Consider which option is more time-efficient based on your situation.
  • Legal and Regulatory Compliance: If your previous Kansas business was suspended or dissolved due to non-compliance with state laws and regulations, you should carefully evaluate whether you can maintain compliance if the business is reinstated. If you are confident in your ability to comply with requirements, reinstating the business might be a good option. However, starting a new Kansas business might be a better choice if you still determine your ability to maintain compliance.

Ultimately, deciding to reinstate a business or start a new one from scratch depends on your circumstances and goals. Consider the abovementioned factors, consult with professionals such as Kansas Business Attorneys and accountants, and evaluate which option best suits your needs and long-term business objectives.

FAQs

How can I reinstate my Kansas business?
To reinstate a Kansas business, you can file a Reinstatement Application online with the Kansas Secretary of State.
What forms do I need to submit to reinstate a Kansas business?
You’ll need to file a Reinstatement Application with the Kansas Secretary of State.
How much will it cost to reinstate my Kansas business?
The fee to reinstate a Kansas business varies depending on the entity type and the length of time the business has been dissolved.
Can I file for reinstatement of my Kansas business online?
Yes, you can file for reinstatement of your Kansas business online through the Kansas Secretary of State’s website.
What happens if I don’t reinstate my Kansas business?
If your Kansas business is not reinstated, it will cease to exist. You’ll need to start a new business if you want to continue operating.
How long does it take to reinstate a Kansas business?
The processing time for a Kansas business reinstatement depends on the entity type and the length of time the business has been dissolved.
What do I need to include in my Kansas business reinstatement application?
You’ll need to provide your business’s name, entity type, the effective date of the reinstatement, and payment for the filing fee.
Can I get assistance with my Kansas business reinstatement?
Yes, you can contact the Kansas Secretary of State’s office for assistance with your business reinstatement.
How far back can I reinstate a Kansas business?
Most Kansas business entities can be reinstated within five years of the date of forfeiture.
What’s the deadline to reinstate a forfeited Kansas business?
For most Kansas business entities, you can reinstate within five years of the date of forfeiture.
Can I file for reinstatement if my Kansas business was involuntarily dissolved?
Yes, you can file for reinstatement of an involuntarily dissolved Kansas business through the Kansas Secretary of State’s office.
Do I need to file any additional paperwork to get a Kansas business reinstatement?
You may need to file other documents depending on the reason for your Kansas business forfeiture.
Can I still operate my Kansas business while it’s in the process of reinstatement?
No, you cannot operate your Kansas business until the reinstatement process is completed.
What types of businesses can be reinstated in Kansas?
Most types of Kansas businesses, including LLCs, corporations, and partnerships, can be reinstated.
What happens if I don’t file for reinstatement for my Kansas business?
If you don’t file for reinstatement of a Kansas business that’s been dissolved, the entity will no longer exist, and you’ll need to start a new business if you want to continue operating.
Can I reinstate my Kansas business if it’s been dissolved for more than five years?
In most cases, no. This is the maximum amount of time allowed for reinstatement.
How can I find out if my Kansas business has been dissolved?
You can search the Kansas Business Entity Search website to check the status of your business.
Will I need to renew any licenses or permits if I reinstate my Kansas business?
Depending on the type of business you operate, you may need to renew your business licenses and permits.
Can I change the name of my Kansas business during the reinstatement process?
You may be able to change the name of your Kansas business during the reinstatement process. Contact the Kansas Secretary of State’s office for more information.
Is there a fee for dissolving a Kansas business?
There is a fee to dissolve a Kansas business, and the amount varies depending on the entity type.
What information do I need to provide to dissolve my Kansas business?
The information required to dissolve a Kansas business varies depending on the entity type.
Does my Kansas business need to file a tax return before it can be reinstated?
You may need to file past due tax returns and pay any outstanding taxes before your Kansas business can be reinstated.
What is the penalty for failing to file the appropriate paperwork for a Kansas business?
The penalty for failing to file the appropriate paperwork for a Kansas business can vary depending on the entity type and the violation.
Can I dissolve my Kansas business even if I still owe money to creditors?
Yes, you can dissolve your Kansas business even if you still owe money to creditors.
Can I still be held liable for debts after I dissolve my Kansas business?
Yes, in certain cases you can still be held liable even after dissolving your Kansas business.
Does a Kansas LLC need to file an annual report?
Yes, Kansas LLCs are required to file an annual report with the Secretary of State’s office.
How long does a Kansas LLC have to file its annual report?
A Kansas LLC has until April 15th of each year to file its annual report.
How much does it cost to file an annual report for a Kansas LLC?
The fee to file an annual report for a Kansas LLC is $50.
How do I reinstate my Kansas LLC?
To reinstate your Kansas LLC, you will need to file a reinstatement application and pay all past due fees and penalties.
How long does it take to receive reinstatement of my Kansas business?
It typically takes 2-4 weeks to receive reinstatement of a defunct Kansas business.
Can I reinstate a dissolved Kansas corporation?
Yes, you can reinstate a dissolved Kansas corporation.
What is the cost to reinstate a Kansas business?
The cost to reinstate a Kansas business varies based on the type of business and how long it has been inactive.
Is there a grace period to reinstate a Kansas business?
There is no grace period to reinstate a Kansas business – you must file for reinstatement as soon as possible.
Can reinstatement fees for a Kansas business be waived?
Rarely, the Secretary of State may have the ability to waive reinstatement fees for Kansas businesses on a case-by-case basis.
What is the statute of limitations to reinstate a defunct Kansas business?
There is no statute of limitations to reinstate a defunct Kansas business.
Do I need to file annual reports to keep my Kansas business active?
Yes, you need to file annual reports with the Kansas Secretary of State to keep your business active.
Can I file for reinstatement online for a Kansas business?
Yes, you may file for reinstatement online at the Kansas Secretary of State’s website.
What documents do I need to provide to reinstate a Kansas business?
You will need to provide your Kansas business’s name and registration number along with payment of all past or current due fees and penalties.
Can I dissolve and reinstate my Kansas business in the same day?
Yes, it is possible to dissolve and then reinstate your Kansas business in the same day, assuming all necessary paperwork and fees are submitted.
Can I cross off services or products on my Kansas reinstatement application instead of writing N/A?
This is generally not recommend – it’s better to write “N/A” instead of crossing off services or products on your reinstatement application.
Can I pay the reinstatement fees with a credit card?
Yes, you can pay reinstatement fees with a credit card – check with the Kansas Secretary of State for accepted forms of payment.
Can the Kansas Secretary of State refuse my reinstatement?
Yes – if your paperwork is not filled out properly or your fees are not paid, the Secretary of State may reject your reinstatement application.
Can I get a refund of my Kansas reinstatement fees if my application is rejected?
No – If your Kansas reinstatement application is rejected, the fees you paid are generally nonrefundable.
Can I reinstate my Kansas business with only some of my past dues paid?
Generally speaking, no you cannot – to file for reinstatement, you’ll need to pay all past due fees and penalties in full.
Can I change my business name and reinstate at the same time for a Kansas business?
Yes – you can file for a name change and reinstatement at the same time for a Kansas business.
Will the state of Kansas notify my customers if my business is reinstated?
Generally, the state of Kansas will not notify your customers when your business is reinstated.
How can I check the status of my Kansas reinstatement application?
Visit the Kansas Secretary of State’s reinstatement status website and input your information to check the status of your Kansas reinstatement application.
Can I reinstate an LLC into a corporation in Kansas?
No, you generally cannot reinstate an LLC into a corporation in Kansas. Instead, you will need to file for a new corporation registration.
How soon can I legally operate my business again after completing reinstatement for a Kansas business?
Generally, your Kansas business can start operating as soon as you receive your reinstatement paperwork from the Secretary of State.
Can I request expedited reinstatement for a Kansas business?
Yes, you may be able to request expedited reinstatement for a Kansas business in some cases; contact the Secretary of State for more information.
Can I be held personally liable for my Kansas business’s outstanding fees?
Yes, you may be held personally liable for your Kansas business’s outstanding fees.
Do I need to provide proof of my Kansas business’s existence prior to its dissolution in order to reinstate it?
You may be required to provide evidence that your Kansas business existed prior to its dissolution in order to reinstate it.
Can I hire a ‘reinstatement service’ to handle my Kansas reinstatement application?
Yes – many companies offer reinstatement services to assist with applying for reinstatement in Kansas business.
Can I call the Kansas Secretary of State for help with my reinstatement application?
Yes – The Kansas Secretary of State is available to answer any questions or concerns you have regarding filing for reinstatement. They may also offer some guidance on your application if needed.
Will my Kansas reinstatement application be made public record?
Yes – once your Kansas reinstatement application has been processed, it will be available as a public record.

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Conclusion

Reinstating a business in Kansas can be complex and time-consuming. However, following the steps outlined in this guide, you can successfully reinstate your business and resume operations. Remember to stay diligent in maintaining compliance with state laws and regulations to avoid future issues and ensure the continued success of your business.

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