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.
Five basic steps to incorporate in Kansas
- Incorporation in Kansas starts with reserving an entity or corporate name. This essential step keeps name duplication from occurring. First, search to make sure your company name is available. You can use the free CorpNet company name search. The company name must use either “Corporation”, “Incorporated,” “Limited Liability Company,” “Association,” “Church,” “College,” “Club,” “Foundation,” “Institute,” “Society,” “Union,” “Syndicate” or an abbreviation.
The Secretary of State does not register DBAs, or fictitious names nor does Kansas have statutes requiring or allowing the registration or filing of DBAs or fictitious names.
- Register your corporation (or LLC) with the Secretary of State. Articles of Incorporation should be filed for corporate structures while Articles of Organization are filed for LLCs. Sole proprietorships, however, do not file with the Secretary of State. General partnerships may select to file a statement of authority or other statements with the Secretary of State. However, they are not required and a statement of authority does not produce the partnership. When you file, you will receive a business entity ID number. It is a number that can be used for all filings and correspondence with the office.
- Entity professional licenses are required for some corporations, LLCs, LLPs and LPs in certain professional categories, such as those that deal in real estate or financial organizations. You must ensure that you have the proper licenses before starting your business endeavors.
- Have the first executive meeting for the corporation or LLC and implement the Bylaws (corporations) or Operating Agreement (LLCs). This is an officially permitted meeting and must be recorded accordingly. (See section below about officers and documentation.)
- Apply for a Federal Employer Identification Number (EIN) under the corporate name. This number is gained through the IRS. You will also have to set up a bank account under this number for accounting intentions. Your financial institution will require a copy of the EIN as well as a certificate of registration from the Secretary of State.
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.
- 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 seem like a discouraging commission. Nevertheless, it is quite feasible to incorporate online by filing the correct forms in the appropriate order and this can be carried out remotely through our services. We offer complete packages to start your corporation or LLC without missing crucial steps or documents. Mistakes can be costly.
Incorporating online is as uncomplicated as providing some preliminary information and deciding which type of corporation best fits your requirements. CorpNet is accessible to help you start a corporation in Kansas and one-year Registered Agent Services is customary in our packages. We also have unlimited customer support.