Kansas Registered Agent: If you wish to start a Kansas LLC, you have to appoint a registered agent. According to Kansas State Law, it is mandatory to have a Kansas Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in Kansas, and who can be a registered agent for your LLC. Read this guide carefully before you hire a Kansas Registered Agent.
On this page, you’ll learn about the following:
What is a Kansas Registered Agent
A registered agent (or a statutory agent or a resident agent) in Kansas is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the Kansas LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in Kansas, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in Kansas
You may have several options for hiring a registered agent in Kansas. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in Kansas can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in Kansas always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work as it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
ZenBusiness – $99 Per Year
How to Choose a Registered Agent in Kansas
You can choose a Kansas Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with Northwest Registered Agent, you will get the full formation package, including 1-year FREE registered agent service.
What to Consider While Choosing a Kansas Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in Kansas
At the time of submitting the Kansas Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the Kansas LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in Kansas by mail, you need to download the Kansas LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on Kansas Articles of Organization.
Cost of a Kansas Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in Kansas.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, Northwest Registered Agent offers standalone registered agent service at $125 per year, but if you buy their LLC formation package at $39 + state fees, you will get registered agent service free for 1 year.
How to Change a Registered Agent in Kansas
To change the Kansas registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the Kansas Secretary of State via mail, online, in person, or fax.
For online filing, you need to get the online form, which is available on the Kansas Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
Fee: $35 (by mail), $25 (Online), $20 extra (by fax)
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the Kansas Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Kansas Secretary of State
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612-1594
Fax: (785) 296-4570
How to Pay: The filing amount is payable to the Kansas secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through money order or check.
Why Do LLCs in Kansas Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in Kansas. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in Kansas ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in Kansas to publicly upload their address to the Kansas Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the Kansas SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in Kansas or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
Maryland Business Laws for Registered Agents to Note
Registered Agents handle all the business-related legal affairs of your business and other legal issues of a foreign LLC in Kansas. Every state has its own set of established business laws. Kansas also has a well-formed set of business laws to follow. Here are the significant business laws that require mandatory compliance by every business entity.
Kansas Antitrust Laws
Antitrust laws prevent anti-competitive practices in any open market by levying heavy penalties and punishment against such practices. These laws counter the formation of cartels, unfair methods of competition, monopolies, or any barrier created for new entrants in the market.
The Kansas Antitrust laws specifically prohibit any agreement in restraint of trade executed to reduce competition in the market, price-fixing, controlling of the costs or rates of insurance, pooling of interests, fixing of fees of attorneys or doctors, etc. The State law permits the institution of a private lawsuit and claim of damages up to three times the original amount of damage. Penalties prescribed under the laws impose civil penalties from $100 to $5000 per day up to $10,000 of willful violation and restraint or injunction order against such practices.
Kansas Deceptive Trade Practices Laws
The State of Kansas aims to protect its residents from unfair business practices. Such practices mislead the consumers into investing in invaluable market products by selling them with twisted statements and lies such as false advertising.
Kansas established its own consumer protection laws that specifically prohibit false representations about characteristics, affiliation, status, original condition, quality, grade, style, or model of goods or wilful exaggeration of material facts, etc.
Civil penalty up to the tune of $20,000 per violation can be imposed, and class action lawsuits are also allowed in such cases. Imprisonment for 5 to 17 months can be imposed in case of odometer tampering.
Kansas Pyramid and Ponzi Scheme Laws
Any pyramid or Ponzi scheme is considered illegal in Kansas as they are contrary to the public policy of the State. These schemes are deceptive in nature, and participating in or organizing such activities is prohibited by the laws of the State.
Any act of establishing, operating, advertising, or promoting a pyramid scheme is considered a Level 9 nonperson felony punishable by up to 8 months of imprisonment, and a penalty can be imposed up to $100,000.
Kansas Interest Rates Laws
Every state in the United States has an Interest law for businesses. Normally, the general interest rate guidelines are less than the legal threshold of interest rate. Kansas has laws to limit the interest rates, and significantly high-interest rates are considered unlawful and open to criminal prosecution. The maximum legal rate of interest in Kansas is 10%. The interest rate on judgments is 4% above the federal discount rate. The penalty for the unlawful rate of interest or usury is forfeiture of all interest in addition to the borrower’s reasonable attorney fees.
Kansas Wage and Hour Laws
The standard minimum wage for employees in Kansas is $7.25 per hour. Any overtime above the usual work hours of 46 hours shall be compensated at the rate of 1.5 times the hourly rate for any excess work. A civil penalty of up to $1000 can be imposed on the violator plus the attorney’s fees of the employee.
Kansas Civil Statute of Limitations
The Statute of Limitations determines the time limit for filing a lawsuit or other civil actions to ensure equality and justice among the disputing parties. The time period for such actions varies between 2 years to 5 years depending on the time of felony committed, such as fraud, injury, malpractice, and trespass claims should be filed within 2 years of the commission of the act. Violation of contract claims should be filed within 5 years of the act, etc.
The Registered Agents are the people who act as points of contact between your business and the State Authorities. They assist your business in ensuring compliance with all regulations and codes of the State. Hiring a registered agent in Kansas will help you handle your business in a smooth and legally compliant manner.
How to Remove a Registered Agent for LLC in Kansas
A registered agent for LLC in Kansas can be removed by submitting a Statement of Change of Registered Office and/or Registered Agent with the Kansas Secretary of State with a filing fee of $35.
If you need to remove the registered agent of your LLC, you must file a written notice with the Kansas Secretary of State. The letter must be addressed to the last known address or principal address of the business. Once you have notified the Kansas Secretary of State of the change, you need to submit a certificate of resignation, along with the appropriate processing fee, within 30 days. If the registered agent has already been listed as the legal entity’s resident agent, you can continue using that agent.
If you are planning on operating your LLC in Kansas, you must choose a registered agent. The registered agent is a person designated by the LLC to receive legal documents on behalf of the business. For tax purposes, a two-member LLC must designate a registered agent. However, it can be difficult to be a registered agent, especially if you are just starting your business. Consequently, it is essential to choose a registered agent who can be accessible during regular business hours.
If you want to change the registered agent of an LLC, you should choose a professional. An experienced registered agent will use their business address for filing purposes. This prevents your personal address from becoming public record. Moreover, professional registered agents are ideal for businesses that have nontraditional schedules. This means that you can contact them any time during the working day. You can also change registered agent if you’re not happy with their service.
There are a few things you should do before you change the registered agent for an LLC in Kansas. Make sure to have a Kansas street address, have regular business hours, and are comfortable with process servers knocking on your door. In addition, you should also be familiar with the business’s name, because a similar name will cause problems later on. This could cost you money in the future. The change can be costly if the wrong person registers your LLC.
If you don’t need the registered agent, you should consider hiring one yourself. They will take care of the paperwork and keep your LLC up-to-date with state regulations. They can even scan important documents and store them digitally. If you have a business outside of Kansas, you may need national coverage. You should also look into a professional registered agent that offers a free registration period for your LLC.
Before you decide to use a registered agent, you should first review the articles of organization. They are like business plans in that they describe how the company will operate. These documents are very detailed, but they are necessary if you wish to operate legally in the state of Kansas. There are a few ways to remove your registered agent for your LLC in Kansas. You can read them on our website and choose the one that works for you.
The process for changing the registered agent is simple. You hire a new resident agent, file the Change of Registered Agent form with the state, and cancel the service with your old resident agent. As long as you are available during business hours Monday through Friday, you can change your registered agent without any hassle. The state has tables that list the specific steps you need to follow to change your agent. This process can take a few weeks or months, depending on the state.
All corporations and limited liability companies doing business in Kansas are required by state law to appoint an Kansas registered agent. Kansas registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.
A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.
If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public for mailing and other official purposes. This might harm your privacy. Hence, it is recommended to outsource the RA service. Also, if you outsource it to professionals, it will be hassle-free.
Before you choose a registered agent for your Kansas LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.