Incorporate a Business in Kansas
CorpNet makes it fast and easy to incorporate a business in Kansas. You can register your business online or have one of our experienced filing experts assist you.
Save time, enjoy personalized service, and get peace of mind by working with our filing experts who have experience helping entrepreneurs in all 50 states, including Kansas. We stand by our services with a 100% satisfaction guarantee.
Incorporating in Kansas can be simple and effortless with the help of CorpNet’s services. The power for incorporating in Kansas falls under the Secretary of State, Business Services Division. This Division also maintains all corporate filings of record. The main location is in Topeka. The major types of business organizations structures are Sole Proprietorships, General Partnerships, Limited Partnerships, Limited Liability Partnerships, Corporations and Limited Liability Companies. Each one has specific advantages and disadvantages, depending on the needs of your business. Deciding on the suitable organizational structure for your company is one of the most significant decisions you will make.
5 Steps to Incorporate in Kansas
Choose a Name for the Corporation
Search to make sure your company name is available. You can use the free CorpNet company name search. Your corporate name in Kansas will have to include one of the suffixes, Corporation (or Corp.); Incorporated (or Inc.) and for limited liability companies, LLC. Kansas has reserved the words: Bank, Trust, and Engineer/Engineering – these can be used in your name if you have the appropriate certificates and licensing, but otherwise are prohibited. Your corporate name cannot imply a service or business which conflicts with the purpose stated when you register.
Register Your Corporation
Register your corporation (or LLC) with the Secretary of State. CorpNet offers filings of the Articles of Incorporation (for corporate structures) and for LLCs, Articles of Organization.
Hold an Official Meeting
Hold the first official meeting for the corporation or LLC and adopt the Bylaws (corporations) or Operating Agreement (LLCs). This is a legal meeting and must be recorded as such. (See section below about officers and documentation.)
Apply for an EIN
Apply for a Federal Employer Identification Number (EIN) under the corporate name. In Kansas, this will also serve as your State Tax Identification Number. You will also have to arrange for a bank account under this number for accounting purposes. Your financial institution will want a copy of the EIN as well as a certificate of registration from the Secretary of State.
Obtain Licenses and Permits
Obtain any specific licenses and permits required, either statewide or for the county in which you will do business. Some examples would be: Electrician’s license, trucking licenses and permits, Liquor license, etc.
Foreign and Domestic Corporations
A Domestic Corporation is one that was incorporated in the state of Kansas. The Articles of Incorporation must be filed with the Secretary of State.
A Foreign Corporation is a business that was incorporated in another country, state or jurisdiction besides Kansas. It must file an Application for Authority to Engage in Business in Kansas. A business is obligated to apply for Authority if it is doing business in Kansas in accordance with K.S.A. 17-7303.
Officers and Documents
Corporations in Kansas must have one or more directors whose names and addresses will appear in the articles of incorporation. Any change (address or ownership) must be filed with the State. Corporate officer titles are determined by the bylaws or the board of directors.
The incorporators or board of directors must approve preliminary bylaws for the corporation. The right to approve, revise or abolish bylaws is subject to the articles of incorporation and the stockholders.
Officers can be listed in the bylaws or elected by the board of directors, and may assign other officers, as long as they are in compliance with the bylaws. In addition, one officer is accountable for preparing and maintaining the proceedings of the meetings.
Every corporation in Kansas must have a registered agent in Kansas. This is the person or office that is elected to accept official state communication. The registered agent either has to be a resident individual of Kansas or a domestic corporation whose business office is the same as the registered office.
Every year, a report must be filed with the Kansas Secretary of State at the same time the corporation files its income tax return. The report must include the name of the corporation, the location of the main office, the nature and type of business that the corporation engages in, the mailing addresses of the stockholders who own at least 5% of the capital stock, the number of shares and the amount of capital stock; and the names and residential addresses of the president, secretary, treasurer, and members of the board of directors.
Common Form
- Articles of Incorporation – This is the articles of incorporation filed with the Division of Corporations, Business and Professional Licenses. For foreign corporations, the filing is called: Application for Authority to Engage in Business in Kansas.
- Application for Name Reservation – This form can be filed online. It results in a name search and reserves a business name for 120 days. There is also a version for foreign corporation name registration.
- Notice of Change for Officers, Directors, Shareholders – This is one of several forms used to amend or change information about the corporation. Others include Kansas For-Profit Corporation Certificate of Amendment, For-Profit Certificate of Correction, and Restated Articles of Incorporation.
- Corporation Change of Registered Agent – Since the registered agent is the point of contact between the corporation and the State of Kansas, any changes must be documented with the State.
- Certificate of Election to Dissolve – Used to dissolve a corporation. There are other forms required for mergers and consolidation.
Forming a Corporation Online
Incorporation in Kansas can be conducted through our services in order to make things easier and less overwhelming. Although some filings are not available online (such as the Corporate Name Reservation) they can be faxed or mailed.
We offer complete packages that let you to establish your corporation or LLC without missing important steps or documents. Our professionals will help you through the process and unlimited customer support is included in our services. This allows you to concentrate on managing your business rather than getting stuck in state-mandated paperwork.
