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 to 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 the best LLC 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. 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
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 have an LLC in Kansas, you might want to change your registered agent to a different location. You can file forms with the Kansas Secretary of State in person, by mail or by fax. You can also make your changes online using the Kansas business center. Just make sure you include the correct information, such as the new registered office address, and pay the required fee. Hopefully, this article has helped you understand how to remove a registered agent for LLCs in Kansas.
Your registered agent is responsible for receiving all legal service and government notices on your behalf. For example, when you file your Articles of Incorporation, you are required to provide the registered agent’s address. Additionally, when you receive a lawsuit or government notice, you must give your registered office address to the person serving as your attorney. The same goes for receiving any correspondence. The Registered Agent must accept all legal documents sent to the business, and should notify the members immediately.
Choosing a registered agent is important. You want to choose someone who is available during business hours. Your agent should be an in-state resident and have a physical address in Kansas. A P.O. mailbox can’t be used as a registered agent in most states, so make sure you choose a person you trust to keep your personal information private. To choose a registered agent, consider ZenBusiness or Northwest Registered Agent. Both are more than just legalZoom.
An amendment to your LLC must be filed with the Kansas Secretary of State. Adding or removing a registered agent requires a filing with the Secretary of State. Changes to your LLC’s members and managers must be updated on the annual report. You can also change the registered office and resident agent information through the amendment filed with the SOS. A registered agent can change the name of your LLC, but it can’t change the name of the business.
After your Kansas LLC has been registered, you should check whether your chosen name is available for use. If it is, it might not be approved for your company and you will have wasted money and time. The Secretary of State website has an easy-to-use tool for searching for available names. You can also pay a nonrefundable fee of $30 to reserve your name. If you’ve chosen an available name, you can then remove the registered agent.
If you’d like to change your resident agent, you must fill out the Change of Resident Agent Name and Address form. However, a resident agent is only legally responsible if it fails to send important correspondence on time. If the resident agent fails to respond to correspondence, you could be held liable for damages and your business might not be able to continue to operate. If you change your registered agent, you may also need to change your LLC’s address to ensure that it stays up to date.
In addition to a registered agent, an LLC needs a Federal Tax Identification Number (EIN) to do business in the state. These numbers are assigned by the Internal Revenue Service and are required if you plan to engage in certain functions such as hiring employees. In Kansas, this is the case for many businesses, particularly those with multiple owners and employees. The registered agent needs to have a physical address in the state, as well as be accessible during business hours.
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.
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 documentations, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.