Forming an LLC in Kansas is not as difficult as one might think. There are many choices available for business owners looking to protect their personal assets and income from liability. In Kansas, being a sole proprietor is not always an automatic right given to you by the state. Many states require you to file for and maintain a corporation or sole proprietorship, which does provide some protection if you should become bankrupt or file insolvent. An LLC provides no protection in most cases.
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Forming an LLC in Kansas requires that you use the proper forms and pay the appropriate fees. The first step towards starting an LLC in Kansas is to choose the name. You can select any name you want such as Limited Liability Company, Public Benefit Corporation, or Corporation. Once you have chosen your name, you will need to register the LLC with the Secretary of State. The next step towards forming an LLC in Kansas is to select the operating agreement.
Operating agreements for LLCs in Kansas must be filed with the office of the Secretary of State through registered agents. All filing instructions and required documents can be obtained from the website of the Kansas Secretary of State. The most common operating agreement is the 'Articles of Organization', which is the form most people use. Other forms include the 'Resolution' and the'Registrant Agreement'. All of these documents must be filed with the office of the Secretary of State before the LLC can complete its filing with the Secretary of State.
How to Form an LLC in Kansas - Important Guide For Business Professionals
A registered agent is also very important. This is a person that can act on behalf of the entire business or LLC and receives all communications from the Secretary of State. If there is more than one resident agent then each will have their own mailing address and telephone numbers. Business owners in Kansas should select a legal mailing address and telephone number that are separate from those of other people. This is to prevent impersonation and prevent spam.
Many different types of businesses in Kansas may choose to file as a C-corporation. When a sole proprietorship or a C-corporation in Kansas is created it is immediately taxed as a C-corporation. Business owners in Kansas need to understand that they are not immediately released from their liability protection but only after they filed their Articles of Organization.
A sole proprietorship will be treated as a C-corporation when it files its Articles of Organization, and will be treated as a partnership when it files its Articles of Organization with the Secretary of State. This is because both the corporation and the partnership have the same basic structure. Therefore, if an LLC in Kansas has been established by the filing of an article of organization with the Secretary of State then it will be treated as a C-corporation for tax purposes.
To make sure all of the LLCs in Kansas have the same article of organization and are actually LLCs, all LLCs must file a single IRS notice with the Kansas secretary state. After receiving the notice all LLCs in Kansas must comply with all of the procedures and requirements outlined in the notice. To comply with the notice, all LLCs must submit an application including the information contained in the Notice. If the application is incomplete then the LLC will be required to reapply with the Kansas secretary state.
Forming an LLC in Kansas requires a legal address in Kansas. All LLCs should maintain offices and addresses in Kansas. An LLC in Kansas should use a unique employee identification number (EIN) instead of a business license number. The EIN can be obtained from the Internal Revenue Service within 60 days. Any LLC that does not have an EIN cannot file a simple state tax return because the LLC would be considered a corporation and all tax liability would be the responsibility of the business owners individually.
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