Like in many states, it is not necessary for a business to have a Kansas operating agreement LLC, but it is helpful. Without this type of legal document, members must be attentive to all details in business operations to protect their assets. Any business in Kansas, regardless of its size, can develop an LLC operating agreement. The agreement's purpose is to define standard operating procedures, member relationships, company policies, and many other details as members see fit.

What Are the Benefits of an Operating Agreement?

In the event a business faces litigation or business failure, an operating document can often help protect its business members. The document is designed to create legal separation between the business debts and the members' assets, thus protecting them.

In addition, an operating agreement can provide tax benefits, otherwise not available. It is important when reviewing the initial operating agreement that the agreement's methods and its procedures be clearly defined and correct. Each member should take a considerable amount of time to examine and express a clear understanding of the terms set forth in the agreement. This helps build a more favorable environment for beginning your business and increases its chance of success.

If there are any misunderstandings within the clarity of the document, it is always a good idea to reach out to an attorney for assistance. A sole proprietor would implement an agreement referred to as a single-member operating agreement. The agreement would establish details and define how the business would operate and function.

When a company has more than one member, an agreement is referred to as a multimember operating agreement. As in a standard agreement, procedures and policies are set forth in an operating agreement. A multimember agreement requires the signature of all members, obligating them to fulfill the terms while providing each of them with protection, as well.

Steps for Filing for LLC Status in Kansas

Here's a look at the steps involved in filing for a new business' LLC status in Kansas and developing an operating agreement:

  • Choose a Business Name: When choosing a name for your new business, do not file or apply for registration until you have checked to see if the operating name is available for use. To verify its availability, you should conduct a business entity search.
  • Designate a Registered Agent: Kansas requires that all LLCs appoint a registered agent when filing. The agent will be responsible for notifying the LLC of official communication and correspondence with the secretary of state.
  • Submit Registration Documents: The registration forms must be mailed to the secretary of state, or submitted online via the online filing system.
  • Pay a Filing Fee: The filing fee in Kansas is $165 for both a domestic and foreign LLC. When filing for a domestic LLC, the cost is $160.

You must identify your company as an LLC when filing your documents. There are various ways of incorporating the LLC into your new business's identity, and the choice is yours as long the state will approve it. Many businesses will add LLC, L.L.C., or limited liability company at the end. Please note that no fabricated or fake names are allowed.

Create and Implement an Operating Agreement

The next step is to implement an operating agreement. The agreement will list all members and their specified interest. Additionally, specific details will be included that explain how the business will function and how profits and losses will be distributed.

The completed agreement will most likely go to any and all investors, banks, lawyers, and accountants who are involved. The court would request a copy of the operating agreement in the event the business becomes a party to legal action, as well.

Logically, you will keep a copy in the company's business files. When a change within the business takes place, such as a member's change of address, all parties will need to sign a new operating agreement, and the agreement should be saved and filed as a new version. If changes are complex, an attorney should be hired to ensure everything is correctly reflected in the agreement. Having an attorney can be helpful in handling dispute resolutions, and he or she provides further protection against liability and losses.

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