Kansas Foreign LLC – Qualification and Registration


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If you already have an LLC in another state and want a Kansas LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in Kansas

Forming an Kansas Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in Kansas, you need to register it with the Kansas Secretary of State.

Step 1: Choose Kansas Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the Kansas Secretary of State. Your LLC’s legal name outside of Kansas will be listed on the application, along with the name it will use in Kansas. Take note of the requirements for naming your LLC

Check name availability at Kansas’ business entity names and reserve your LLC name.

Step 2: Select Kansas Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in Kansas and take note that a Kansas registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries: 

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Step 3: File Registration of Kansas Foreign LLC 

Fill out and submit a Foreign LLC Application for Registration form via email to kssos@sos.ks.gov or by mail to Kansas Office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612.

Include the following:

  • LLC’s full legal name. 
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in Kansas
  • Date when your LLC will start operations in Kansas.
  • Credit card information on the last page of the form for the $150 application fee. 

The LLC cost in Kansas, even for foreign LLCs will differ between online filing and by mail.

Step 4: Determine How Your Kansas Foreign LLC is taxed

Foreign LLCs are also subjected to the Kansas Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Steps to Register your Kansas Foreign LLC Online

Time needed: 5 minutes.

When registering for the foreign LLC in the State of Kansas, you will have to submit your Application for Registration of foreign LLC with the Secretary of State which costs $165. After approval, you will receive a Certified Copy of your registration from the Secretary of State Office. We have explained the aspects you need to cover when you apply for Kansas Foreign LLC.

In the State of Kansas, filing an application for Articles of Organization for a foreign LLC is done via mail.

  1. Download the Application Form

    Download the Kansas Secretary of State Foreign Limited Liability Company Application PDF.

  2. Read carefully

    Read all the instructions mentioned in the form carefully. Submit your application in accordance with the information provided.

  3. Proceed to fill the form

    On the next page, provide the information about your LLC, such as name, country of organization, date of organization, date of operation in Kansas, Details of your resident agent, and the address of your registered office in Kansas. Lastly, you must also provide your mailing address details correctly, so that you can receive Official mail from the Secretary of the State office at this address.

  4. Business Details

    On the next page, provide the details about your tax closing month, and a complete description of the business to be conducted in Kansas. In the last box, provide your signature agreeing to abide by the laws of the State and all the above information provided by you is correct and true and that your LLC is in good standing in its home State.

  5. Make the payment

    Enclose a check or money order of $165 payable to the Secretary of State.

  6. Attach the Certificate

    The State of Kansas mandates the filing of the Original Certificate of Good Standing or Existence issued by the State where your Company was originally registered. This certificate must be issued within 90 days of filing the application.

  7. Review the information

    Review all the information provided by you is correct and accurate.

  8. Submit the Form

    Submit your application form, with the filing fee and certificate of good standing to the following address: Kansas Office of the Secretary of State, Memorial Hall, 1st Floor, 120 S.W. 10th Avenue, Topeka, KS 66612-1594.

    After your foreign LLC registration has been approved by the State Authorities, you must file your Annual report every year with the State office, which costs $55.

After Forming Kansas Foreign LLC

Here are added things you need to accomplish after forming your Kansas Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form the foreign LLC in Kansas. 

How Much Does It Cost to Register a Foreign LLC in Kansas

How much does it cost to register a foreign LLC in Kansas? The application process for a foreign LLC is fairly simple. You must first file an Application for Registration of Foreign Limited Liability Company. The Secretary of State will accept your application and charge you $165. You will need an original Certificate of Good Standing from your state of formation. This certificate must be dated no more than 90 days after you file the application.

If you plan on incorporating your foreign LLC in Kansas, you should be aware that there are exceptions. If you have employees or a physical presence in another state, you will need to register. Nolo’s articles explain the difference between a “physical presence” and a “nexus” and explain what the application process entails. The filing fee is also the same, $165.

As part of your registration, you will need to designate a resident agent in Kansas. This agent must have a Kansas-based physical address and accept certified mail. You should wait for two to three business days for processing. After you’ve registered your foreign LLC, you will need to file an annual report. This can be done online or by mail. In either case, you will need to pay $55 to file the annual report.

F.A.Qs

What is a foreign LLC in Kansas?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in Kansas.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in Kansas as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

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