How to Find the Best Registered (Resident) Agent in Kansas
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This guide will help you find the best registered agent in Kansas. We’ll explore key factors to consider, evaluate top providers, and equip you with the knowledge to make an informed decision for your business’s registered agent needs.
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What is a Kansas resident agent?
Kansas resident agents are the point of contact for an organization that is available during normal business hours to receive important documents, including:
- Articles of Organization – the formation document for limited liability companies (LLCs)
- Articles of Incorporation – the formation documents for corporations
- Annual report fee – the due date for the annual report is April 15 every year
- Certificate of Good Standing – required to open new business bank accounts
- Franchise tax – an annual tax due on April 15
Resident agents are physically available
In Kansas, a resident must have a physical address which ensures they are physically available Monday through Friday, 9 am to 5 pm, to receive official correspondence.
Because of an agent’s physical presence, you can opt to have the registered office address listed in public records rather than a private office or home address.
An agent is the point of contact for an organization
Receiving service of process on behalf of a company is one of the primary roles of a resident agent.
According to K.S.A. § 60-245, a business has 14 days to respond to a summons. A company that fails to respond to a subpoena can be dissolved, and you can be barred from doing business in Kansas in the future.
Resident agent services are a time saver
The annual report fee and Kansas franchise tax are due every year on April 15.
The resident agent you appoint will remind you when the due date is near and help you submit the proper paperwork and fees.
Cost of a resident agent in Kansas
If you appoint an outside resident agent, it costs between $50 and $500 a year.
A business owner in Kansas can appoint themselves as the resident agent for free. And you can elect to go with a family member or friend if they meet the state requirements.
The Kansas Secretary of State requires a resident agent to be at least 18 years old and have a permanent street address in the state.
When to appoint a resident agent
When filing formation documents with the Kansas Secretary of State, an organization will name the appointed resident agent.
For limited liability companies, the resident agent will appear on the Kansas Articles of Organization.
Corporations will provide details about the resident agent when they submit Articles of Organization.
According to Kansas state law, all businesses must appoint and maintain a registered agent upon business formation.
Other business structures include:
- Sole proprietorships
- Partnerships
- Nonprofit
How does a Kansas L.L.C. appoint a resident agent?
Upon formation, an LLC must file the Articles of Organization with the Kansas Secretary of State.
1
File the Articles of Organization
You will download and complete the limited liability company Articles of Organization form (form DL-09) and submit it by mail to the Kansas Secretary of State.
Mailing address:
Kansas Office of the Secretary of State
Memorial Hall 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612
If you prefer to file online, use the KanAccess website to file your LLC formation documents.
2
Appoint your resident agent
Section 2 of form DL-09 will ask you for information regarding the Kansas resident agent you appointed.
- Registered agent name
- Registered agent’s address
3
Pay your Kansas filing fees
The business filing cost for filing the Kansas Articles of Organization is $160 online and $165 by mail.
The Kansas Secretary of State does not offer filing fees for an L.L.C.
The cost to file Articles of Organization in Kansas is $150 if you file online.
How to change your resident agent
You must submit official notice to the Kansas Secretary if your appointed resident agent goes out of business or changes their address.
Submit the change of resident form online
The quickest and easiest way to update resident agent information is to file the change of registered office or resident agent form online using the Kansas business center website.
The cost to file a change of resident form online is $30.
It only takes the Kansas Secretary of State a couple of hours to process an online change of agent form.
Submit the change of resident agent form by mail or in person
You will download and complete the change of registered office or resident agent form and submit it to the Kansas Secretary of State.
The filing cost to change the registered agent by mail or in person is $35, and it will take 2 to 3 business days for the Secretary of State to process.
The cost to change resident agents in Kansas is $30 if you file online, and $35 if filing by mail.
Submit a business entity certificate of amendment
Submitting a Kansas business entity certificate of amendment to change resident agents is not recommended unless you’re making other amendments to the business registration.
How to withdraw consent to act as a resident agent
You can withdraw your consent to act as a resident agent by completing the certificate of resignation of resident agent without appointing a successor.
You must give the business you’re resigning from a 30-day notice by certified mail.
The resignation form will ask for specific information.
- Business I.D. number
- Business name
- The agent resigning from the appointment
- Date of the certified mail
- Signature
The cost to withdraw as the resident agent is $35 for LLCs and corporations and $25 for nonprofits.
Benefits of appointing a resident agent in Kansas
-
Your business remains in good standing
In Kansas, the franchise tax comes due on April 15. A resident agent keeps a compliance calendar, so as that date nears, a service will send you a notification and help you through the filing process.
You must remain in good standing in Kansas to keep liability protection.
A professional registered agent keeps you compliant, so you aren’t paying penalties or even forfeiture.
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It addresses privacy concerns
Small business owners in Kansas often work out of private offices. If an owner appoints themselves as a resident agent, the personal address becomes a public record.
Private citizens can search the Kansas Business Entity Database by:
- Business name
- I.D. number
- Keyword
- Resident agent
By appointing a registered agent, you can list the service’s address in the entity database as the business address rather than your home address.
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You get the benefit of discretion
A process service can come to your office, and you may not even know a law firm is attempting to contact you.
Kansas resident agents are responsible for accepting subpoenas and other legal notices out of view of your customers and employees, which provides peace of mind.
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You have the freedom of flexible work hours
According to Kansas state law, a resident agent must be physically available during regular business hours on every official work day of the year.
If you’ve appointed yourself as your own registered agent, you must be available during those hours, while a resident agent is accessible during those hours for you.
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You can conveniently access your certificate of good standing
You have 24-hour access to your Kansas business formation documents and certificate of good standing.
Registered agent services give you fast access to business documents, allowing you to apply for business credit cards safely and conveniently.
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Forming a foreign LLC is straightforward
Expanding your business into another state means forming a foreign LLC. You must appoint a registered agent to expand an existing company into a different state.
FAQs
Can a registered office be a virtual office address in Kansas?
In Kansas, a business must use a physical address that is on a street, route, or highway in Kansas. You can use a P.O. Box or virtual office address to receive mail.
What is the primary function of a resident agent in Kansas?
The number one function of a resident agent in Kansas is to be the point of contact between your business and the state and discreetly receive legal notices and official correspondence.
Can I be my own resident agent in Kansas?
As long as you’re 18 years old and have a physical street address, you can opt to appoint yourself as a resident agent in Kansas.
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