Are you interested in starting a business in Kansas? Many new business owners choose to form a limited liability company (LLC). An LLC is a popular business structure that offers owners limited liability for business debts, tax advantages, and a flexible management structure.
Follow these steps to create an LLC in Kansas. For more information on how to form an LLC in any state, see our article on how to start an LLC. You can also use our online LLC formation service to register your LLC.
When starting your LLC, one of the first steps you need to take is picking a name for your business. Kansas has laws about LLC names that you should be aware of when choosing your name.
LLC name must be distinguishable. Your LLC's name must be distinguishable (different) from the names of any businesses on file with the Kansas Secretary of State (SOS). You can see whether your proposed business name is available using the SOS's business search page. (Kan. Stat. § 17-7918 (2024).)
LLC name must include an entity designator. Under Kansas law, your LLC name must contain the words "limited liability company" or "limited company" or the abbreviations "LLC," "LC," "L.L.C.," or "L.C." (Kan. Stat. § 17-7920 (2024).)
Name reservation. You can reserve an available business name for 120 days by filing a Temporary Reservation of Business Entity Name with the SOS. You can't renew the reservation. As of 2024, the filing fee to reserve a name is $35. (Kan. Stat. § 17-7923 (2024).)
Using a DBA. You can do business under a name that's different from your LLC's legal name listed in its articles of organization. This alternative name is sometimes called a "trade name," "DBA" (short for doing business as), or "fictitious business name." Unlike most states, Kansas doesn't have a registration process for DBAs. However, you can still protect your business name as a trademark by registering the name federally with the United States Patent and Trademark Office and at the state level with the SOS.
Every Kansas LLC must have an agent for service of process in the the state. In Kansas, this agent is called a "resident agent." Other states refer to this agent as a "registered agent."
In Kansas, a resident agent can either be:
Your registered agent must have a physical street address in Kansas and be available at that address to accept service of process on your LLC's behalf. They must also forward any legal documents they receive to your LLC.
(Kan. Stat. § 17-7925 (2024).)
You can create a Kansas LLC by filing Articles of Organization with the SOS. The articles must include:
If your LLC will render professional services, you'll need to list those services. If your LLC is a series LLC, you'll need to indicate it in your articles.
(Kan. Stat. § 17-7673 (2024).)
You can file your articles online through the SOS's online filing system. You can also file a paper copy of the articles by mail. As of 2024, the filing fee for Kansas Articles of Organization is $160 if filed online and $165 if filed by mail.
Kansas, unlike most states, requires LLCs to have an operating agreement. Kansas law requires that you create an operating agreement before, after, or at the time you file your articles of organization. (Kan. Stat. § 17-7673 (2024).)
An operating agreement will establish the rules and procedures for how your LLC will operate. This organizational document should generally cover:
You don't need to file your operating agreement with the state but you should put it in writing.
Besides being legally required, having an operating agreement has other important advantages. An operating agreement can help preserve your limited liability by showing that your LLC is truly a separate business entity from its owners. In addition, investors and banks typically like to see an LLC's operating agreement when determining whether to invest or loan money to the company.
For help creating an LLC operating agreement, you can use our online LLC formation service.
Other tax and regulatory requirements might apply to your LLC. For instance, your LLC might need to obtain an EIN, apply for business licenses and permits, and register for business taxes.
EIN. If your LLC has more than one member, it must obtain a federal employer identification number (EIN), even if it has no employees. If you form a single-member LLC, you must obtain an EIN for your LLC only if you'll have employees or you elect to have your LLC taxed as a corporation instead of a sole proprietorship (disregarded entity). You can obtain an EIN by completing an online EIN application on the IRS website. There's no filing fee.
Business licenses. Depending on your LLC's business activities and location, your LLC could need to obtain other local and state business licenses. For local licenses, check with the clerk for the city where the LLC's primary place of business is located (or county if it's in an unincorporated area). For state licenses, see the obtain licenses and permits section of the Kansas Business One Stop website. You can also use the Business One Stop's Business Startup Wizard or check out the Business Starter Kits to find more information on licensing specific to your industry.
Kansas Department of Revenue. In some cases, for example, if you have employees or will be selling goods and collecting sales tax, you'll need to register with the Kansas Department of Revenue (DOR). You can register your LLC for multiple types of taxes through the DOR's Customer Service Center. For more information on Kansas LLC tax registration, check out our article on LLC biennial report and tax filing requirements in Kansas.
Here are some other questions you might have about your Kansas LLC.
If you're just starting your business or have already been operating as a sole proprietor, you should consider forming an LLC. LLCs limit an owner's personal liability for business debts and lawsuits and offer a lot of flexibility when it comes to ownership, management, and taxation of the business.
To learn more about LLCs and decide if it's the right business structure for you, see our article on LLC basics.
Below are the fees (as of 2024) you might need to pay to form your LLC in Kansas:
Filing on your own is often the cheapest option, but completing all of the forms and filing them yourself can be complicated. Hiring a lawyer is another option, but it will often cost you hundreds, if not thousands, of dollars in the process. If you'd like help completing all the filings, try our online LLC formation service.
To learn more about the costs associated with forming and running an LLC, see our article on how much it costs to form an LLC.
Yes. You must file a report (called an "information report") with the SOS every other year for your LLC. The report is due by the 15th day of the fourth month after your tax closing month. So, if your LLC's tax year is the same as the calendar year, then you must file your LLC informational report by April 15.
You must submit your report every two years. If you formed your LLC in an even-numbered year (such as 2022 or 2024), then you'll need to submit the biennial report every even-numbered year thereafter. If you formed your LLC in an odd-numbered year, then your report will be due in odd-numbered years.
You can file your biennial information report online or by mail. As of 2024, the fee to file the biennial report is $100 for online filings and $110 for paper filings.
Apart from biennial information reports, your LLC will need to file and pay applicable taxes to the local, state, and federal governments. In addition, your LLC might need to obtain and periodically renew any required general or special business licenses or permits. You'll be responsible for keeping track of these maintenance requirements to keep your LLC in good standing and legally compliant.
Starting in 2024, all LLCs were previously required to submit a beneficial ownership information (BOI) report to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of Treasury. However, in March 2025, after some constitutional challenges, FinCEN revised the BOI reporting rule so that the requirement only applies to companies created outside the U.S. So, if you form your LLC within the U.S., then you no longer need to worry about the BOI reporting requirement.
Yes. Kansas law requires that you create an operating agreement for your LLC. In addition to being legally required, an operating agreement can help protect your limited liability status, prevent financial and managerial misunderstandings among members, and ensure that you choose the rules that govern your business instead of your state's default rules.
Yes. To do business in Kansas, all LLCs organized outside of the state (called "foreign LLCs") must register with the SOS. Your foreign LLC must appoint a resident agent for service of process that's physically located in Kansas.
To register, file an Application for Registration Foreign (non-Kansas) Business. You must include a statement, under penalty of perjury, that your LLC is in good standing in your home state.
You must file the application by mail. As of 2024, the fee to register your foreign LLC in Kansas is $165.
Before filing, make sure the LLC's name is available in Kansas by checking the SOS's business search page. If your LLC name isn't available, you can include one of the following with your application:
(Kan. Stat. §§ 17-7930 and following (2024).)
See our guide to qualifying to do business outside your state for more information.
Yes. For most formation purposes, a Kansas single-member LLC is considered the same as a multi-member LLC. The steps to form a single-member LLC in Kansas are generally the same as those listed above.
Single-member LLCs do have additional flexibility when it comes to filing a tax return. To learn more, see our article on how single-member LLCs pay federal income tax.
Yes. While there's no specific chapter dedicated specifically to professional LLCs, Kansas law does allow professionals to form an LLC to exercise the same powers as a professional corporation or professional association. Kansas does sometimes refer to LLCs formed to provide professional services as PLLCs. However, you can't use "PLLC," "professional limited liability company," or any similar term or abbreviation in your LLC's name.
Examples of providers of professional services include architects, attorneys, dentists, certified public accountants, engineers, physicians, and more. Kansas recognizes 28 types of professions for this purpose. Generally, if you provide a service that requires you to obtain a Kansas state license, certification, or other legal authorization before practicing, then you provide a professional service. Though, you should make sure your profession is one of the professions Kansas law recognizes.
To form a PLLC, file Articles of Organization Domestic (Kansas) PLLC with the SOS. You must include an original certificate issued by a Kansas regulatory board for each professional service an LLC member or manager will practice. The certificate must indicate the members and managers licensed to practice the service and that the LLC name is approved by the regulatory board.
(Kan. Stat. §§ 17-2707 and following (2024).)
When you're ready to close your business, you should legally dissolve your LLC to limit your liability for lawsuits and government fees. To dissolve an LLC in Kansas, you should:
(Kan. Stat. §§ 17-76, 116 and following (2024).)
You also need to close your tax accounts and take any other steps necessary to close out your business. See our article on what you need to do when closing your business for more in-depth information and guidance.
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