On this page, you’ll learn about the following:
Kansas Registered Agent Requirements
There are certain requirements to fill the role of a Kansas registered agent:
- The nominee must be more than 18 years old.
- The individual must have a legal, physical address in the state where the LLC will operate.
- The individual must be physically present during normal working hours.
How to Choose a Registered Agent?
When you file your Certification of Formation in Kansas, you must nominate a registered agent. You can either appoint an in-house registered agent (yourself or any LLC member) or outsource a Kansas registered agent service.
You can elect your registered agent online through the Kansas Secretary of State website.
Hiring an Inhouse Registered Agent
When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in Kansas.
Can I be my own registered agent?
Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.
Outsourcing a Registered Agent
You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. 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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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. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.
What to Consider when Choosing a 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 service typically costs between $50 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 that are received.
- 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.
- 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.
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 prohibits 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 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
The Kansas Secretary of State requires all LLCs to appoint a Registered Agent. You can choose an individual or business entity to act as your registered agent by filling out an application and paying the $20 filing fee. Once your business is established, you should choose a new name for your LLC and file it. Make sure to include commas when naming your new office. After the company is formed, you can start choosing the name of the Registered Representative.
When deciding to remove a Registered Agent for an LLC in Kansas, it’s important to consider the risks of doing so. If a person or business fails to properly serve legal processes or documents, the LLC may be liable for a default judgment. This can have devastating financial consequences. Furthermore, the Kansas Department of State can find that your registered agent has violated state laws and regulations, and may cost your business its legal good standing.
As part of the process of removing a registered agent, an individual or business must enter the first and last name and address of the company. If a company does not have an address, the address should be selected. In Kansas, you must choose an address if you want to remove your registered agent. If you choose an individual, you must enter their first and last name and address. If you choose a company, you must choose an address.
All corporations and limited liability companies doing business in Kansas are required by state law to appoint a 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.