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A Kansas LLC operating agreement drafted by a limited liability company’s founders to document the new company’s internal structure and policies, and to separate its members from liability. It is a legal document created by the company founders to agree with the LLC’s framework and regulations. An LLC may be registered as a legal entity without an operating agreement; however, the company will then default to state policies instead of designing the rules and regulations of their entity to fit their needs.
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Types (2)
Single-Member – For LLCs with one member to state their company’s framework.
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Multi-Member – For LLCs with multiple owners to establish regulations and structure.
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Laws
- Chapter: Kansas State Legislature Chapter 17, Article 76
- Definitions: § 17-7663
- Formation: § 17-7673
- Naming of LLCs: § 17-7920
How to File (5 Steps)
- Step 1 – Naming the LLC
- Step 2 – Reserving the LLC Name (Optional)
- Step 2 – Filing the Articles of Organization
- Step 3 – Creating an Operating Agreement
- Step 4 – Applying for an EIN
Step 1 – Naming the LLC
New Kansas LLCs must first choose a name for their business. Members should ensure that the name is not in use by another organization registered with the Secretary of State. Name availabilities can be researched using the Kansas Business Filing Service.
To comply with state requirements, the name chosen for an LLC must contain one of the following:
- Limited Liability Company
- Limited Company
- L.L.C., L.C., LLC, or LC
Step 2 – Reserving the LLC Name (Optional)
LLCs may reserve an available name for up to one hundred twenty (120) days.
Online reservations require a KanAccess account to complete the Name Reservation application, as well as a $30 fee.
Mailed reservations require Form NR 52-01 (Temporary Reservation of Business Entity Name) and a $35 fee (paid by check, money order, or credit card) delivered to:
Memorial Hall
1st Floor, 120 S.W. 10th Avenue
Topeka, KS 66612-1594
Step 3 – Filing the Articles of Organization
Domestic LLCs
A domestic LLC may be registered with the Secretary of State online or by mailing the Articles of Organization (Form DL 51-09). Filing fees are $160 online, and $165 by mail (paid by check, money order, or credit card).
Online
- Create a KanAccess account and select Kansas Business Entity Formation.
- Submit the filing and $160 fee (paid by credit card).
- Complete Form DL 51-09.
- Deliver the form with payment of $165 or billing information to the address below.
Foreign LLCs
Out-of-state companies expanding into Kentucky must mail an Application for Registration of Foreign Covered Entity to the below address with a $165 fee (check/money order/credit card) and a Certificate of Good Standing from their original jurisdiction.
Memorial Hall
1st Floor, 120 S.W. 10th Avenue, Topeka
KS 66612-1594.
Step 4 – Creating an Operating Agreement
An operating agreement is created to establish an LLCs internal operations and organization. LLCs are not required to draft an operating agreement; however, without one, the members will not have a definitive blueprint of the company’s operating procedures nor the limitation of personal, financial liability.
Step 5 – Applying for an EIN
An LLC must apply for an Employer Identification Number (EIN) if they are a multi-member company or a single-member company that intends to file taxes as a corporation or employ workers. An EIN may be applied for free on the IRS website.
Another method to apply for an EIN is by mailing a completed copy of Form SS-4 to: Internal Revenue Service Attn: EIN Operation Cincinnati, OH 45999
The IRS also provides an online pamphlet containing additional information regarding printed filings.
ResourcesFiling Options: Online or by Mail Costs:
Forms:
Links:
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