Incorporating a business in Kansas means that you are establishing a corporation. If you want to incorporate your business, you will need to file the correct documents with the Secretary of State and comply with certain regulations.

Basics of Incorporation

If you want to start a corporation in Kansas, you'll need to complete the incorporation process. In this state, the Business Services Division of the Secretary of State's office has the power to incorporate a business. Located in Topeka, this office is responsible for storing corporate filings.

If you are starting a business in Kansas, there are several different structures that you can choose:

  • Corporations
  • General Partnerships
  • Limited Liability Companies (LLCs)
  • Limited Liability Partnerships (LLPs)
  • Sole Proprietorships

Every business structure has distinct strengths and weaknesses, and the option that you should choose will depend on the nature of your business. Choosing your business structure is a vital step in starting your business. Like many states, Kansas allows you to register one of two types of corporation. If you are registering a domestic corporation, it means that you are incorporating your business in this state.

Foreign corporations are corporations that may operate in Kansas but have been incorporated in another state. On the website of the Kansas Business Services Filing Center, you can accomplish several tasks related to your business, including filing documents and searching business records.

The Kansas Business Center website allows you to access services from multiple agencies in the state, including:

  • Department of Labor
  • Department of Revenue
  • Secretary of State

Kansas Naming Requirement

Choosing and reserving a name for your corporation is the first step of incorporating a business in Kansas. The name that you choose for your corporation cannot infringe on another entity's name. You should perform a business name registration search before attempting to register your corporation's name.

Kansas, like all states, requires corporations to have unique names that could not be confused with previously registered entity names.

Your corporation's name should include one of the following words:

  • Association
  • Church
  • Club
  • Corporation
  • Company
  • Fund
  • Foundation
  • Institute
  • Incorporated
  • Limited
  • Society
  • Syndicate
  • University
  • Union

Banks do not have to use any of these words. You can also use an abbreviation of the words corporation, incorporated, or limited. The Kansas Secretary of State does not register fictitious names.

Filing Requirements for Kansas Corporations

When you are ready to incorporate your business, you can file your formation documents with the Kansas Secretary of State. If you are forming a corporation, you should file Articles of Incorporation. To establish an LLC, you must file Articles of Organization. You are not required to file any documents with the Secretary of State when starting a sole proprietorship. General partnerships also don't have filing requirements but can submit a statement of authority if they wish.

To successfully form your corporation, include the following information in your Articles of Incorporation:

  • A corporate name that includes the word corporation or incorporated, or an abbreviation of one of these words.
  • The purpose of your Kansas corporation.
  • The closing tax month of your business.
  • The duration of your corporation. You can list an end date or state that your corporation will last perpetually.
  • Information about corporate shares, including how many authorized shares you will issue, each share's par value, and the share classes you will institute.
  • Contact information and signatures of your incorporators.
  • How long the authority of your incorporators will last. If their authority ends upon the formation of your corporation, you will need to provide contact information for your board of directors.
  • The corporate mailing address.
  • The name and address of your Kansas registered agent.
  • The effective date of the corporation.

You do not have to provide an original signature when forming a new corporation in Kansas. Once your Articles of Incorporation have been filed and approved, you will receive a copy of your formation documents at your corporate mailing address. When filing online, you can print a copy of your Articles of Incorporation.

How quickly your business is incorporated depends on your filing method. If you choose a paper filing, you can expect your corporation to be registered within two to three business days. On the other hand, if you file online, incorporation will occur as soon as you submit your filing. Regardless of your filing method, you will need to pay a filing fee. Paper filings cost $90, online filings cost $85, and there is an additional $20 fee if you want to fax your filing.

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