If you’re thinking of forming a limited liability company (LLC), you should know that in Kansas you will need a resident agent, known as a registered agent in most states, to handle all of your official paperwork. The resident agent, which is also required for corporations, LLPs, and nonprofits, is a specific role that involves several key considerations and restrictions, as detailed below.
What Is a Resident Agent?
A resident agent, also known as an agent for service of process, is a person or business authorized to accept legal, tax, and financial documents on behalf of your business. Some states do not require a resident agent, but in Kansas your LLC needs a resident agent.
Kansas’ Resident Agent Requirements
In Kansas, you or your new business itself can be your LLC’s resident agent. It can also be another member of the LLC, an outside individual, or a qualified business service.
In Kansas, the requirements to be a resident agent are:
- A resident of Kansas with a physical address in the state
- Be personally available during normal business hours
- If the agent is a business entity, it’s registered to operate in the state
Responsibilities of a Resident Agent
Essentially, the purpose of a resident agent is to ensure compliance with state laws and to make sure all official matters are handled in a timely manner. Having one person or entity handle state documents helps ensure nothing is missed, helping avoid potential potholes.
Documents that the agent may receive include:
- Tax forms and documents
- Government correspondence
- Legal documents
- Summons documents in case of a lawsuit
Advantages of a Resident Agent Service
A resident agent service is a professional service that will handle official correspondence and documents for your business. Resident agents ensure that all official correspondence is handled on time and keep copies of documents for you. They also keep track of deadlines and send reminders of things you need to file, such as tax forms and annual reports.
A resident agent service will help keep you in compliance with the law and save you time by keeping track of key documents and filing deadlines. This also frees you up to focus on growing your business. The agency will also offer support if problems or questions come up.
Using an agency enables you to have flexible hours. If you are your own resident agent, you must be personally available from 8 AM to 5 PM at your resident agent address. If you use an agency, they are available during those hours and you are free to focus on growing your business.
Choose Your Resident Agent Service
If you use a national agency, they will help you form an LLC or corporation in another state or multiple states where you do not have residency. A good agency also offers a level of privacy, as you would never be served with a summons at your business in front of customers or employees.
You need a service that has an office in Kansas, but you may want to choose a national service so you have the flexibility to form LLCs in other states. Other than that, you should choose a service that offers:
- Compliance management, to send reminders of key deadlines
- Document copying and digital storage so you can access documents online
- Availability during the required hours, with prompt customer service
- Service in all 50 states and US territories
How Much Does a Resident Agent Service Cost?
Costs for a resident agent service range from $50 a year up to $300 or more. You can choose from several online options, such as ZenBusiness and LegalZoom.
How to Register Your Resident Agent in Kansas
Your LLC’s designated resident agent will be officially registered when your business’s articles of organization have been filed and processed.
For the quickest results, file your LLC’s articles of organization online by logging into the state’s KanAccess portal and filling in the form. Your business’s articles of organization will be officially filed as soon as you submit your completed form.
To file by mail, download and complete Kansas’s articles of organization form. Mail your document and the $165 filing fee to the address below. You can expect processing to take about five business days.
Kansas also offers you the option to fax your forms. However, fax filing incurs an additional $20 fee for processing. You can fax your LLC’s articles of organization to the fax number listed below.
Kansas Secretary of State Website
Kansas Secretary of State
Business Services Division
Memorial Hall, 1st Floor
120 S.W. 10th Avenue
Topeka, KS 66612
Hours: Monday – Friday from 8:00 AM – 5:00 PM
Fax: Business Services, 785.296.4570
Once you have chosen your resident agent, whether it’s you, another member, or a professional service, you do not need to register the agent with the state. Instead, in Kansas your resident agent just needs to be named on your articles of organization, along with their address and other relevant information, and the state will record this as your LLC’s official resident agent.
In Kansas, having a resident agent is legally mandated. If you would prefer not to deal with the added hassle yourself, you might consider hiring a professional service, which will ensure your LLC’s compliance with all state regulations and renewal requirements and simplify expansion beyond your state.
Keep in mind that resident agents provide valuable, and necessary, services for your business.